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20140115 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive January 15, 2014 Mayor Philip Levine Vice-Mayor Deede Weithorn Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Micky Steinberg Commissioner Edward L. Tobin 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-8:30a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 12:00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R7 Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests C4 Commission Committee Assignments R 10 City Attorney Reports C6 Commission Committee Reports C7 Resolutions Reports and Informational Items We are committed to providing excellent public service and safety to all who five, work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, January 15, 2014 Presentations and Awards Presentations and Awards will take place on the January 22, 2014 "Alternate" City Commission Meeting. CONSENT AGENDA Action: Moved: Seconded: Vote: C2 ·Competitive Bid Reports C2A Request For Approval To Authorize The Issuance Of A Request For Qualifications (RFQ) For An Infrastructure Condition Assessment And Master Plan Of The Lincoln Road. (City Manager's Office/Procurement) C2B Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2014-002 For Armored Car Services. (Finance/Procurement) C2C Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 014-2013TC, For The Demolition Of The Normandy Shores Park Building. (Parks & Recreation/Procurement) C2D Request For Approval To Authorize The Issuance Of A Request For Qualifications (RFQ) No. 2014-087SR For Citywide Demolition Services. (Building/Procurement) C2E Request Approval To Exercise Term Renewal Options On Contracts For Routine Operational Requirements. (Procurement) C2F Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 2013-171TC For The Playground Fence At South Pointe Park. (Parks & Recreation/Procurement) C2G Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2013-373-MF For The Purchase Of Polymer Water Meter Boxes And Covers. (Public Works/Procurement) 2 2 Commission Agenda, January 15, 2014 C4 -Commission Committee Assignments C4A Referral To The Planning Board -Proposed Amendment To The Land Development Regulations To Create A Crime Prevention Through Environmental Design (CPTED) Ordinance. (Sponsored By Commissioner Edward L. Tobin) (Legislative Tracking: Planning) C4B Referral To The Neighborhood/Community Affairs Committee A Request From The North Bay Village Mayor To Discuss North Bay Village Residents' Use Of The Normandy Isle Facility. (Parks & Recreation) C4C Referral To The Land Use And Development Committee And Planning Board -Discuss A Change To The Composition Of The Design Review Board To A Board Of Professionals. (Requested by Commissioner Joy Malakoff) C4D Referral To The February 25, 2014 Planning Board Regarding A Code Amendment To The RM-3 Zoning District Setback Regulations For Detached Additions, Also Referred To As Cabana Structures, At Oceanfront Lots Located In The Miami Beach Architectural District, And For ADA Walkways And Ramp Structures In Side Yards. (Requested by Commissioner Joy Malakoff) C4E Referral To The February Planning Board Meeting -An Ordinance That Creates A New Height Category In The RM-2 Zoning District For Oceanfront Lots Located Within 150 Feet Of North Shore Open Space Park. (Requested by Commissioner Jonah Wolfson) C4F Referral To The Neighborhood/Community Affairs Committee-Discussion Regarding Beachfront Concession Buffer Zones. (City Manager's Office) 3 3 Commission Agenda, January 15, 2014 C6 -Commission Committee Reports C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On October 14, 2013: 1) Attendance. 2) Accomplishments: A. Flamingo Park Football Field Track Substantial Completion; B. Surface Parking Lot 13x (10th And Washington) Substantial Completion. 3) Review And Acceptance Of Minutes. 4) Public Comments. 5) Old Business/Requested Reports: A. Committee-Requested Information By Public Works Department; B. North Beach Neighborhoods: 1. Status Report: Normandy Isle Phase II Neighborhood Improvements; 2. Status Report: Biscayne Point Neighborhood Improvements; C. Middle Beach Neighborhoods: 1. Status Report: Central Bayshore Improvements; 2. Status Report: Lake Pancoast Neighborhood Improvements; 3. Status On Lower North Bay Road Neighborhood Improvements; D. South Beach Neighborhoods: 1. Status Report: Venetian Island Neighborhood Improvement Project; 2. Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding; 3. Status Report: South Pointe Phase Ill, IV & V Neighborhood Improvement Project. 6) Commission Items: A. Bayshore Neighborhood Right-Of-Way Neighborhood Improvement Project; B. Flamingo Park Project; C. Collins Park Place Project; D. Par 3 Golf Course Project. 7) Additional Discussion. C7 -Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The Following Actions: 1) Submit A Grant Application To Miami-Dade Metropolitan Planning Organization (MPO), Municipal Grant Program, For Funding, In The Approximate Amount Of $50,000 For A Feasibility Study For The Boardwalk/Beachwalk From 23rd -64th Street; And Further, Retroactively Approving The Following: 2) Submittal Of A Grant Application To Miami- Dade County Homeless Trust, For Inclusion In The Application To Be Submitted By The Miami- Dade County Continuum Of Care For The 2013/2014 U.S. HUD Notice Of Funding Availability (NOFA) For The Continuum Of Care Program, For Funding, In The Amount Of $65,212; For The City's Homeless Outreach Program; 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 Authorizing The Administration To Enter Into Negotiations With lnktel Government BPO Services (lnktel), For An Amendment To lnktel's Current Contract With The City, Entered Into Pursuant To Request For Proposals No. 022-2013ME And Dated April 26, 2013; Said Amendment For The Purpose Of Continuing To Provide Call Center Services To The City's Building Department, And Consolidating The Current Two Current Contracts With lnktel Into One Agreement; And Further Authorizing The Extension Of The Current Agreement With lnktel With The Building Department (Which Will Expire On February 27, 2014) On A Month To Month Basis, Pending The Conclusion Of Those Negotiations; And Further Authorizing The Mayor And City Clerk To Execute The Amendment Upon Conclusion Of Successful Negotiations By The Administration. (Building/Finance) 4 4 Commission Agenda, January 15, 2014 C7 ~Resolutions (Continued) C7C A Resolution 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 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) C7D A Resolution Approving An Additional Amount Of $170,667 To Complete The Lincoln Road Mall Landscaping Project. (Parks & Recreation) C7E A Resolution Approving A Month-To-Month Extension Of The City's Current Agreement With Car Charging Group, Inc. (CCGI), For Electric Vehicle Charging Stations At The 13th Street Garage, Until A New Contract Is Awarded And Executed; With Such Extension To Have Been Deemed To Have Commenced On October 3, 2013, And Terminable Without Cause And Without Liability To The City, Upon Written Notice To CCGI; And A Referral To The Finance And Citywide Projects Committee For Discussion. (Parking) C7F A Resolution Authorizing The City Manager And City Clerk To Execute An Amendment To The Technical Service Support Agreement Between The City And Physio Control, Inc., To Add Four (4) Lifepak 15S And Five (5) Lifepak 1000S Defibrilators To The Maintenance Contract, In The Additional Amount Of $10,975.27. (Fire/Procurement) C7G A Resolution Authorizing The Creation Of 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) C7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 15, To The Existing Professional Services Agreement Between The City Of Miami Beach And Chen Moore & Associates, Inc. (CMA), Dated September 8, 2004, For The City Center Right-Of- Way Neighborhood Improvement Project; In The Negotiated Not-To-Exceed Amount Of $145,17 4, To Provide Extended Construction Administration And Resident Project Representative Services To Project Completion For The City Center Right-Of-Way Neighborhood Improvements Bid Pack 9A; With Previously Appropriated Funding From The City Center RDA Fund 365. (Capital Improvement Projects) 5 5 Com mission Agenda, January 15, 2014 C7-Resolutions (Continued) C71 A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption For A Single-Family Property At 2301 North Meridian Avenue, And Authorizing The Miami-Dade County Property Appraiser's Office To Grant This Tax Exemption For The City's Portion Of Ad Valorem Property Taxes For Qualifying Improvements To The Subject Property Following Substantial Completion Of The Project And Compliance With Certain Conditions. (Planning) C7 J A Resolution Approving A Federal Equitable Sharing Agreement With The United States Department Of Justice And The United States Department Of The Treasury, And Authorizing The Mayor And The City Clerk To Execute The Agreement. (Police) C7K A Resolution Approving Further Month-To-Month Extensions Of The Following Agreements Between The City And, Respectively: 1) Ash britt, Inc.; 2) Ceres Environmental Services, Inc.; 3) Phillips And Jordan, Inc.; And 4) Crowdergulf Joint Ventures, Inc. (Collectively, The "Contractors"), For Disaster Recovery Services; With Said Extensions Commencing As Of February 1, 2014, And Terminable By The City, For Convenience And Without Cause, Upon Thirty (30) Days Prior Written Notice To The Contractors. (Public Works) C7L A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute GMP Amendment No. 3 To The Pre-Construction Services Agreement With The Weitz Company, Dated May 14, 2012, For The South Pointe Park Pier Project, In The Amount Of $47,588, With Funding From The South Pointe Capital Fund 389. (Capital Improvement Projects) C?M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement With The Miami Herald For The Purpose Of Advertising City Events, Programs, And Facilities. (Tourism, Culture & Economic Development) C7N A Resolution Authorizing The Donation Of A Walk-In Refrigerator, In "As Is" Condition, To St. Patrick's Church For Use In Its Community Food Bank Program. (Housing & Community Development) 6 6 Commission Agenda, January 15, 2014 C7 -Resolutions (Continued) C70 A Resolution Approving And Authorizing The City Manager To Issue A Certification Of Consistency With The City's FY 2013-2017 Consolidated Plan To The Miami-Dade County Homeless Trust (Trust) For Their Application Of Funding Through The U.S. Department Of Housing And Urban Development's (HUD) Notice Of Funding Availability (NOFA) For The Continuum Of Care (CoC) Program -Funding Opportunity Number FR-5700-N-31 B; Further Authorizing The City Manager To Execute Any Subsequent Certifications Of Consistency With The City's Consolidated Plan For Renewal And New Applications Of Funding For The City's Homeless Services Program And For Douglas Gardens Community Mental Health Center Of Miami Beach, Inc., To Continue Providing Outreach, Housing And Supportive Services To Homeless Persons In Miami Beach. (Housing & Community Development) C7P A Resolution Authorizing The Issuance Of A Request For Proposals (RFP) For Investment Advisory Services; And Authorizing A Month-To-Month Extension To Cutwater Asset Management (F/KJA MB!A Municipal Investors Service Corporation Advisory Services) Agreement Until A New Contract Is Awarded And Executed. (Finance/Procurement) C7Q A Resolution Approving And Authorizing The City Manager To Participate In The National Joint Powers Alliance National 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) C7R A Resolution Approving And Authorizing The Following Actions With Regard To The City's Neighborhood Stabilization Program 1 (NSP1) Agreement Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 7 To The Subgrant Agreement Between The State Of Florida Department Of Economic Opportunity (DEO) And The City Modifying The Expiration Date Of The Subgrant Agreement From February 15, 2014 To August 15, 2014 Further Authorizing The City Manager Or His Designee To Take Such Actions, As May Be Required, With Regard To Preparing And Having The Mayor And City Clerk Execute Modifications (Housing & Community Development) C7S A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.6 To The Professional Services Agreement With Atkins North America, Inc. For Extended Construction Administration And Resident Project Representative Services, For A Period Of Up To Three (3) Months, For The South Pointe Park Pier Project In The Amount Of $81,000 With Previously Appropriated Funding From Fund 389, South Pointe Capital Fund. (Capital Improvement Projects) End of Consent Agenda 7 7 Commission Agenda, January 15, 2014 REGULAR AGENDA RS • Ordinances R5A 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 Deleting Section 42-92 Entitled "Penalty For Violation Of Division"; Providing For Repealer, Codification, Severability, And An Effective Date. 10:20 a.m. Second Reading Public Hearing (Sponsored by the Finance & Citywide Projects Committee) (Legislative Tracking: Police) (First Reading on December 11, 2013) R5B 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. 10:25 a.m. Second Reading Public Hearing (Sponsored by Finance & Citywide Projects Committee/Requested by Former Commissioner Gongora) (Legislative Tracking: Police) (First Reading on December 11, 2013) R5C Temporary Business Signs on Public Property An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 82, "Public Property," Article IV, "Uses In Public Rights-Of-Way," Division 6, "Prohibited Signs Over Public Property," Section 82-411, "Prohibited Signs Generally; Exemptions; Banners; Removal," To Permit The Placement Of Temporary Business Signs On City Rights-Of-Way During Public Construction Projects; Providing For Codification; Repealer; Severability And An Effective Date. 10:30 a.m. Second Reading Public Hearing (Sponsored by the Land Use & Development Committee/Requested by Administration) (Legislative Tracking: Planning Department) (First Reading on December 11, 2013) 8 8 Commission Agenda, January 15, 2014 R5-Ordinances (Continued) R5D 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, "Allowable Encroachments Within Required Yards," To Modify The Setbacks For Allowable Encroachments Including Driveways, Carports And Mechanical Equipment; And By Amending Section 142-1133, "Swimming Pools," 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; Repealer; Severability; And An Effective Date. 10:35 a.m. Second Reading Public Hearing (Sponsored by the Land Use & Development Committee/Requested by Former Commissioner Gongora) (Legislative Tracking: Planning Department) (Continued from December 11, 2013) R5E Single Family Development Regulations An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," By Amending The Criteria And Procedures For The Review And Approval Of Single-Family Residential Construction, By Replacing The Single-Family Residential Review Panel, By Clarifying And Amending The Standards And Procures For Reviewing New Construction And Additions In Single Family Districts, Including Modifications To Lot Coverage, Unit Size And Overall Height, By Clarifying The Below Flood Level Construction Requirements For Affected Properties In High Flood Zones, And By Clarifying Setback And Lot Coverage Requirements; Providing Codification; Repealer; Severability; And An Effective Date. 10:45 a.m. First Reading (Sponsored by the Planning Board) (Legislative Tracking: Planning Department) (Continued from December 11, 2013) R5F Architecturally Significant Single Family Home Retention Incentives 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 II, "District Regulations," Division 2, "Single-Family Residential Districts," By Revising The Standards And Review Requirements For New Construction, Additions And Modifications To Properties That Contain An Architecturally Significant Single Family Home Not Located Within A Designated Historic District; Providing For Repealer, Codification, Severability And An Effective Date. 11 :00 a.m. First Reading (Sponsored by the Land Use & Development Committee/Requested by Former Mayor Bower) (Legislative Tracking: Planning Department) (Continued form December 11, 2013) 9 9 Commission Agenda, January 15, 2014 RS ·Ordinances (Continued) R5G 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. 11:15 a.m. First Reading Public Hearing (Sponsored by the Land Use & Development Committee/Requested by City Commission) (Legislative Tracking: Planning Department) (Continued from December 11, 2013) R5H An Ordinance Amending Chapter 10 Of The Miami Beach City Code, Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including April 30, 2014; Providing For Repealer; Severability; Codification; And An Effective Date. 11 :30 a.m. Second Reading Public Hearing (Sponsored by Neighborhood/Community Affairs Committee) (legislative Tracking: Parks & Recreation) (First Reading on December 11, 2013) R51 Historic Designation An Ordinance Amending The Land Development Regulations Of The Miami Beach City Code; By Amending Section 118-593( e), Entitled "Delineation On Zoning Map" By Designating 42 Star Island Drive As A Local Historic Site To Be Known As "42 Star Island Local Historic Site," Located On Star Island, As More Particularly Described In The Ordinance; Providing That The City's Zoning Map Shall Be Amended To Include 42 Star Island As A Local Historic Site; Adopting The Designation Report Attached To The Staff Report As Appendix "A"; Providing For Inclusion In The Land Development Regulations Of The City Code; Repealer; Severability; And An Effective Date. First Reading (Sponsored by the Planning Board/Requested by MDPL) (legislative Tracking: Planning) R5J RM-2 Hotel Office Uses 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 II "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142-212, "Main Permitted Uses," To Expand The Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue; Providing For Repealer; Severability; Codification; And An Effective Date. First Reading (Sponsored by Vice-Mayor Deede Weithorn) (legislative Tracking: Planning) 10 10 Commission Agenda, January 15, 2014 R5 -Ordinances (Continued) R5K 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 The Definition Of "Substantial Improvement" To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Period; And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Building) R5L Height Restrictions Adjacent To Single Family Districts An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter 142, "Zoning Districts And Regulations," Article IV, "Supplementary District Regulations," Division 5, "Height Regulations," By Creating Section 142~1162, "Height Restrictions Adjacent To Single Family Zoning Districts," To Establish Maximum Height Regulations For Any Non-Single Family Property Located Within 150 Feet Of A Single Family Zoning District; Providing For Codification; Repealer; Severability; Applicability; And An Effective Date. First Reading (Sponsored by the Land Use & Development Committee/Requested by Former Commissioner Gongora) (Legislative Tracking: Planning) R5M Sidewalk Cafe Distance Separation Requirements An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 82, "Public Property," Article IV, "Uses In Public Rights-Of-Way," Division 5, "Sidewalk Cafes," Subdivision II, "Permit," Section 82~385, "Minimum Standards, Criteria, And Conditions For Operation Of Sidewalk Cafes," To Create A Required Distance Separation Of 100 Feet From Residential Districts And By Modifying The Operational Requirements Of Sidewalk Cafes; Providing For Repealer, Codification, Severability And An Effective Date. First Reading (Sponsored by the Land Use & Development Committee/Requested by Former Commissioner Gongora) (Legislative Tracking: Planning) R5N Mechanical Parking Systems An Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 130 "Off-Street Parking," Article II "Districts, Requirements," Section 130-38, "Mechanical And Robotic Parking Systems," By Modifying The Requirements For Mechanical Parking Devices And Robotic Parking Systems; Providing For Repealer; Codification; Severability And An Effective Date. First Reading (Sponsored by the Land Use & Development Committee) (Legislative Tracking: Planning) 11 11 Commission Agenda, January 15, 2014 RS-Ordinances (Continued) R50 MBERP For GSAF 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 (1 0) 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) R5P Fire And Police Pension Ordinance An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And Fire Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8 (FOP); Implementing Recommendations Of The Budget Advisory Committee, A Memorandum Of Understanding And Other Changes; Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of Liability; Use And Investment Of Fund"; "Service Record"; And Amending Section 66 Entitled "Service And Disability Benefits Generally"; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Date. First Reading (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) RSQ Talmudic University-RM-2 Heights 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 II, "District Regulations," Subdivision IV, "RM-2 -Residential Multifamily, Medium Intensity," Section 142- 217, "Area Requirements," To Modify The Requirements For Maximum Building Height And Maximum Number Of Stories Within The RM-2 District Along Alton Road Between Arthur Godfrey Road And West 34th Street; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) 12 12 Commission Agenda, January 15, 2014 R5-Ordinances (Continued) R5R 4000 Alton Road ~Talmudic University FLUM Amendment And Zoning Map Change 1. Talmudic Site ~ FLUM Change An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current ROS, "Recreation And Open Space," To The Future Land Use Category Of RM~2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date. First Reading (Sponsored by the Land Use and Development Committee) 2. Talmudic Site-Zoning Map Change An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Classification For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification GU, "Government Use District," To The Proposed Zoning Classification RM-2, "Residential Multi-Family Medium Intensity," Providing For Codification, Repealer, Severability And An Effective Date. First Reading (Sponsored by the Land Use and Development Committee) R5S An Ordinance Amending Chapter 2 Of The City Code, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees" To Streamline The City's Boards By Expanding The Powers, Duties And/Or Membership Of Certain Agencies, Boards And Committees And Abolishing Those That Are Superseded By The Enhanced Agencies, Boards, And Committees; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Sponsored By Commissioner Joy Malakoff) (Legislative Tracking: City Attorney's Office) R5T An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration," By Amending Article IV Entitled "Officers And Employees," By Amending Section 2-191 Entitled "Enumeration Of Organizational Units," By Creating The Office Of Communications, Office Of Budget And Performance Improvement, Information Technology Department, Procurement Department, Tourism, Culture And Economic Development Department, Planning Department, Office Of Housing And Community Development, And Office Of Capital Improvement Projects; Eliminating The Divisions Under Offices And Departments; And Further Providing Amendments To The Names Of Certain Departments And Offices; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Date. (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Human Resources) 13 13 Commission Agenda, January 15, 2014 R7 • Resolutions R7A A Resolution Setting The Dates For The 2014 City Commission Meetings. Joint City Commission & Redevelopment Agency (City Clerk's Office) (Continued from December 11, 2013) R7B 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 March 20, 2012, For Construction Management At Risk Services For The Par 3 Golf Course Project, In The Amount Of $4,227,898 Plus A Five Percent Owner's Contingency In The Amount Of $211 ,395; For A Total Amount Of $4,439,293 With Previously Appropriated Funding In The Amount Of $3,637,975 From Fund 388 -MDC COT lnterlocai- CDT/Resort Fund; $100,000 From Fund 429 -Stormwater LOC-Reso 2009-27076; $211,395 From Fund 388 -MDC COT lnterlocai-CDT/Resort Fund; And $489,923 From Fund 306 -Mid Beach Quality Of Life, Subject To Future Appropriation Through A Capital Budget Amendment To The Capital Budget For Fiscal Year 2013/14 To Be Presented At The January 15, 2014 Commission Meeting. (Capital Improvement Projects) (Deferred on December 11, 2013) R7C A Resolution Adopting The First Amendment To The General Fund, Enterprise Fund, Internal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013/14. 10:10 a.m. Public Hearing (Budget & Performance Improvement) R7D A Resolution Adopting The Second Amendment To The Capital Budget For Fiscal Year (FY) 2013/14. 10:15 a.m. Public Hearing (Budget & Performance Improvement) R7E A Resolution Setting Forth An Order [Granting Or Denying] An Appeal Request Filed By Patricia Fuller, Pertaining To A Decision Of The Design Review Board ("ORB") For The Property Located At 1 Washington Avenue-South Pointe Park (File No. 22977). 11:50 a.m. Public Hearing (Parks & Recreation/Planning/City Attorney's Office) (Continued from December 11, 2013) (Memorandum to be Submitted in Supplemental) R7F A Resolution Ratifying A Memorandum Of Understanding Between The City Of Miami Beach And The International Association Of Fire Fighters, (IAFF), Local 1510, Pertaining To Retirement Benefits, In Furtherance Of The 2012-2015 Collective Bargaining Agreement. (Human Resources) R7G A Resolution Consenting To The Appointment Of Maria Ruiz As The Director Of The Office Of Housing And Community Development For The City Of Miami Beach. (Human Resources) 14 14 Commission Agenda, January 15, 2014 R7 -Resolutions (Continued) R7H A Resolution Consenting To The Appointment Of Hernan D. Cardeno As The Director Of The Code Compliance Department For The City Of Miami Beach. (Human Resources) R71 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) R7 J A Resolution Consenting To The Appointment Of Thomas R. Mooney As The Acting Director Of The Planning Department For The City Of Miami Beach. (Human Resources) R7K A Resolution Approving And Authorizing The City Manager To Recapture And Reallocate $7 48,477 Of Community Development Block Grant (CDBG) Funds And $1,591,363 Of Home Investment Partnership (HOME) Funds; Amend The FY 2008 Through FY 2013 Action Plans; Issue A Notice Of Public Meeting On The Proposed Substantial Amendments To The City's FY 2008 Through FY 2013 Action Plans, To Include A Thirty (30) Day Public Comment Period; And Issue A Request For Proposals (RFP) For The Recaptured HOME Funds To Ensure Compliance With The United States Housing And Urban Development (HUD) Department's Rules And Regulations. (Housing & Community Development) R7L A Resolution Authorizing The City Of Miami Beach Parks And Recreation Department And Office Of Community Services To Move Forward With Occupying And Programming The Approximate 52,000 Square Feet Of City Owned Property Located At 8108-8140 Collins Avenue, Known As The Log Cabin Property Site By Relocating The Existing Fairway Park Teen Club In Conjunction With Immediate Programs Such As Family Group Conferencing Services Available Through The City's Office Of Community Services. (Parks & Recreation) R7M A Resolution Authorizing The City Manager To Accept A Settlement In The Amount Of $10,000.00 Toward The Late Charges Totaling $205,350.00 ("Production Sud Late Charges"), Which Were Found To Be Due And Owing To The City Pursuant To The City's Audit, In Connection With The Management Agreement ("Agreement") Between The City And Production Sud, Inc. ("Production Sud"), Relating To The Antiques And Collectibles Market For The Period From October 1, 2010 Through May 5, 2013 ("Production Sud Audit"); And Further Authorizing The City Manager To Waive The Remaining Balance Of The Production Sud Late Charges In The Total Sum Of $195,350.00. (Tourism, Culture & Economic Development) 15 15 Commission Agenda, January 15, 2014 R7 -Resolutions (Continued) R7N A Resolution Approving And Authorizing The City Manager To Utilize Contract No. ___ _ With For The Operation Of Turnkey Transit Services, In The Amount Of $ , And Waiving, By 5/7th Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City. (Public Works) (Memorandum to be Submitted in Supplemental) R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A1 Board And Committee Appointments-City Commission Appointments. (City Clerk's Office) R9A2 Nomination Of Henry Stolar For The Noise Working Group. (Requested by Commissioner Edward L. Tobin) R9B1 Or. Stanley Sutnick Citizen's Forum. (8:30a.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (1 :00 p.m.) R9C1 Mayor's Memorandum On The Miami Beach Convention Center District Project (MBCC Project). (Requested by Mayor Philip Levine) R9C2 Update On The Miami Beach Convention Center Project. {City Manager's Office) R90 Discuss The Creation Of A Beach For Disabled Residents And Visitors To Miami Beach And A Referral To The Disability Access Committee. (Commissioner Edward L. Tobin) R9E The Committee Of The Whole Will Meet On January 15, 2014 In The City Manager's Office Large Conference Room To Discuss The 2014 City Commission Meeting Dates. (City Clerk's Office) R9F Discussion Regarding Authorizing The City Of Miami Beach Parks And Recreation Department To Commence With The Planning Of A Skate Park On The Vacant Property Located Along Collins Avenue With A Northern Border Of 87th Street And A Southern Border Of 86th Street In Partnership With The City Of Surfside. (Parks & Recreation) 16 16 Commission Agenda, January 15, 2014 R9-New Business and Commission Requests (Continued) R9G Status Updates On Initiatives To Mitigate The Impacts Of Alton Road Construction Project. (City Manager's Office) R9H Discussion Regarding Additional 2014 Community Satisfaction Survey Questions For Nautilus Middle School. (City Manager's Office) R91 Presentation Of A Summary Of The Study/Studies Conducted To Determine What Is Needed To Enhance The Miami Beach Convention Center (MBCC). (Requested by Commissioner Micky Steinberg) R9J Follow Up Discussion Regarding The Noise For Le Trianon Condo. (Requested by Vice-Mayor Deede Weithorn) R9K Discussion Regarding The Petition Presented By The Residents At 1446 Ocean Drive, Relating To The Lack Of Enforcement Of Ordinance 2011-3718. (Requested by Commissioner Michael Grieco) 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, January 15, 2014, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. 17 17 Commission Agenda, January 15, 2014 Reports and Informational Items 1. Reports and Informational Items (see LTC 013-2014) 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 18 18 Commission Agenda, January 15, 2014 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive January 15,2014 Chairperson of the Board Philip Levine Member of the Board Michael Grieco Member of the Board Joy Malakoff Member of the Board Micky Steinberg 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), Setting The Dates For The Year 2014 Redevelopment Agency Meetings. Joint City Commission & Redevelopment Agency (City Clerk's Office) 19 19 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.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, AND ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 8:30 A.M. GENERALLY THE CITY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 8:30a.m. and 1:00 p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adjournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV, 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 later than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s) listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone 305-673-7 411, before 5:00 p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. F:\CLER\$ALL\LILIA\AGENDA\sutnick v22.doc 20 CITY CLERK'S OFFICE LOBBYIST LIST January 15, 2014 Commission Meeti Lobbyist's Name C7B Negotiate with lnktel for Amendment to Current Contract/RFP 022-2013ME Alexander Heckler J. Ricky Arriola/lnktel Government Serv. 03/12/2013 Diana Mendez J. Ricky Arriola/lnktel Government Serv. 03/14/2013 R5E Single Family Development Regulations Alfredo Gonzalez 1510 W. 25, LLC 09/05/2013 Kobi Karp Robert Zangrillo 02/04/2013 Carli Koshal Miriam Abrahams 01/111/2013 llija Mosscrop Joshua Gurwitz 04/23/2010 Wayne Pathman Robert Zangrillo 02/04/2013 David Sacks Bart Reines 06/12/2013 R51 Historic Designation-42 Star Island Local Historic Site Daniel Ciraldo MDPL, Inc. 05/07/2013 Kobi Karp Dr. Leonard Hochstein 12/4/2012 Michael Larkin Dr. Leonard Hochstein 12/4/2012 Kent H. Robbins MDPL 02/04/2013 R5N Mechanical Parking Systems Jeffrey Bercaw 120 Ocean Drive, LLC 02/06/2013 Monika Entin 120 Ocean Drive, LLC 01/14/2013 Kent H. Robbins 120 Ocean Drive, LLC 01/15/2013 R9C2 Update on the Miami Beach Convention Center Paul Diamond RobertS. Wennett 10/23/2012 Victor Diaz RobertS. Wennett 11/20/2012 F:\CLER\COMMON\2014\01152014\LOBBYIST LIST.Docx 21 Amount Disclosed No compensation No compensation $450 per hour Pending information $175 per hour $1,000 $500 per hour $400 per hour Not for profit $350 per hour $435 per hour Not for profit $575 per hour $31 0 per hour $475 per hour No compensation No compensation Lucia Dougherty Portman Holdings/CMC Group 04/05/2012 $700 per hour Pamela Friedlander RobertS. Wennett 03/21/2013 Not available Alfredo Gonzalez Portman Holdings 04/05/2012 $450 per hour Alexander Heckler Jonathan Kurry 04/30/2012 $300/400 per hour Marcelo Llorente Philip Goldfarb 12/5/2011 $7,500 per month Wayne Pathman CConnecMB 06/03/2012 $450 per hour Aaron Perry MB Chamber of Commerce 01/15/2013 No compensation David Rothenberg RobertS. Wennett 01/29/2013 Not applicable David Sacks CConnecMB 06/03/2012 $375 per hour Dan Tishman Robert S. Wennett 12/21/2012 No compensation ~~"'*'';:15': ~ R9C Update on the Miami Beach Convention Center Paul Diamond Robert S. Wennett 10/23/2012 No compensation F:\CLER\COMMON\2014\01152014\LOBBYIST LIST.Docx 22 "tJ )> Presentations and Awards will take place on the January 22, 2014 "Alternate" City Commission Meeting. 24 THIS PAGE INTENTIONALLY LEFT BLANK 25 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FOR AN INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD Item Summary/Recommendation: BACKGROUND The City is engaging in a process to develop a master plan for the Lincoln Road pedestrian retail destination is wholly owned by the City. The objective of this Request for Qualifications is to enter into a contract with a responsive and responsible contractor to undertake a master planning process for Lincoln Road improvements, including a facilities and infrastructure assessment, a historical overlay assessment, and a conceptual master plan, to ad 1 ress the following concerns: • The overall condition of many of Lincoln Road's structures, surfaces and systems are in poor condition and in general need of a refresh or replacement. Although $20 million in programmed over two years in the City's adopted Capital Improvement Program (FY 2014/15 and FY 2015/16) for upgrading the Lincoln Road venue, including its infrastructure, there is no master plan in place to provide an overall comprehensive plan or specifications for the use of the funds • There is a lack of information in the City regarding the existing infrastructure; including specifications for the pumps for the various water features and fountains, for the light fixtures, etc. The objective is to complete the master planning process for Lincoln Road improvements by FY 2014/15 when funding becomes available, the scope of which will cover the area from 17th Street to Lincoln Road South and from West Avenue to Collins Avenue, inclusive of Lincoln Lane, North Lincoln Lane, and side streets south to Lincoln Lane and north to Lincoln Road North. SCOPE OF SERVICES In general, the scope of services includes facilities and infrastructure assessment, a historical overlay assessment, and a conceptual master plan, all of which would interface to the City's Geographic Information System (GIS). The facilities and infrastructure assessment components will help the City determine the condition and required replacement cycles of both above and below ground facilities and infrastructure components of the Lincoln Road mall. The inclusion of these components in the master planning process will assure that identified deficiencies are included in future improvements, resulting in greater accuracy of capital resource requirements and predictability of future maintenance expenses. In addition, the scope would include coordination and integration of improvements with the City Center 9B Basis Of Design Report (BOOR) and any approved program for the Miami Beach Convention Center Renovation and Expansion project, as well as an evaluation of any impacts to the surrounding residential areas RECOMMENDATION APPROVE THE ISSUANCE OF THE RFQ Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 N/A OBPI Total Financial Impact Summary: C1t Clerk's Office Le islat1ve Trackin Alex Denis, ext. 7 490 Sign-Offs: A T:\AGENDA\2014\Ja \Procurement\RFQ 2014~050-SR-LINCOLN R MASTERPLANIISSU NCE SUMMARY-RFQ 050-2014-SR-lincoln Road /\1\IA/V\IBEACH 27 Account N/A Approved City Ma Agenda Item --=C'--.9.----'--'If-::- Date {-IS-/'{_ ~ MIAMI BEACH - City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City/ Commission FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FOR AN INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFP. BACKGROUND The City is engaging in a process to develop a master plan for the Lincoln Road pedestrian retail destination is wholly owned by the City. The objective of this Request for Qualifications is to enter into a contract with a responsive and responsible contractor to undertake a master planning process for Lincoln Road improvements, including facilities and infrastructure assessment, a historical overlay assessment, and a conceptual master plan, to address the following concerns: • The overall condition of many of Lincoln Road's structures, surfaces and systems are in poor condition and in general need of a refresh or replacement. Although $20 million in programmed over two years in the City's adopted Capital Improvement Program (FY 2014/15 and FY 2015/16) for upgrading the Lincoln Road venue, including its infrastructure, there is no master plan in place to provide an overall comprehensive plan or specifications for the use of the funds • There is a lack of information in the City regarding the existing infrastructure; including specifications for the pumps for the various water features and fountains, for the light fixtures, etc. The objective is to complete the master planning process for Lincoln Road improvements by FY 2014/15 when funding becomes available, the scope of which will cover the area from 17th Street to Lincoln Road South and from West Avenue to Collins Avenue inclusive of Lincoln Lane, North Lincoln Lane, and side streets south to Lincoln Lane and North to Lincoln Road North. SCOPE OF SERVICES Please Reference Section Ill in Attachment A: RFQ 2014-050-SR Solicitation for An Infrastructure Condition Assessment and Master Plan of the Lincoln Road Mall 28 City Commission Memorandum -RFQ Issuance for An lnfrastructure Condition Assessment and Master Plan of the Lincoln Road MaH January 15, 2014 Page 2of2 MINIMUM QUALIFICATIONS Please Reference Section II in Attachment A: RFQ 2014-050-SR Solicitation for An Infrastructure Condition Assessment and Master Plan of Lincoln Road. MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS Please Reference Section IV in Attachment A: RFQ 2014-050-SR Solicitation for An Infrastructure Condition Assessment and Master Plan of the Lincoln Road Mall EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION Please Reference Section V in Attachment A: RFQ 2014-050-SR Solicitation for An Infrastructure Condition Assessment and Master Plan of Lincoln Road. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of RFQ 2014-050-SR for An Infrastructure Condition Assessment and Master Plan of Lincoln Road. JLM/KGB/AD Attachment A: RFQ 2014-050-SR Solicitation for An Infrastructure Condition Assessment and Master Plan of Lincoln Road. T:\AGENDA\2014\January\Procurement\RFQ 2014-050-SR -LINCOLN ROAD MALL INFRASTRUCTURE CONDITION ASSESSMENT AND MASTERPLANIISSUANCE MEMO-RFQ 050-2014-SR-Lincoln Road Master Plan.docx 29 REQUEST FOR QUALIFICATIONS (RFQ) FOR AN INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD RFQ 2014-050-SR BID ISSUANCE DATE: THURSDAY, JANUARY 16, 2014 RFQ DUE DATE AND TIME: TUESDAY, FEBRUARY 18, 2014 BY 3:00PM ISSUED BY: /\AIA/V\1 BEACH Sandra M. Rico, Senior Procurement Specialist DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x 6230 I srico@miamibeachfl.gov 30 CITY OF MIAMI BEACH DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive -Third Floor Miami Beach, Florida 33139 Tel: 305-673-7490 I Fox: 786-394-4404 I www.miomibeachH.gov j~ALAMIBE c SOLICITATION SUMMARY Solicitation No. Solicitation Title: Basic Description of the Scope of Work: RFQ 2014-050-SR Infrastructure Condition Assessment and Master Plan of Lincoln Road The City is engaging in a process to develop a master plan for the Lincoln Road pedestrian retail destination is wholly owned by the City. The objective of this Request for Qualifications is to enter into a contract with a responsive and responsible contractor to undertake a master planning process for Lincoln Road improvements, including a facilities and infrastructure assessment, a historical overlay assessment, and a conceptual master plan, to address the following concerns: • The overall condition of many of Lincoln Road's structures, surfaces and systems are in poor condition and in general need of a refresh or replacement. Although $20 million in programmed over two years in the City's adopted Capital Improvement Program (FY 2014/15 and FY 2015/16) for upgrading the Lincoln Road venue, including its infrastructure, there is no master plan in place to provide an overall comprehensive plan or specifications for the use of the funds • There is a lack of information in the City regarding the existing infrastructure; including specifications for the pumps for the various water features and fountains, for the light fixtures, etc. The objective is to complete the master planning process for Lincoln Road improvements by FY 2014/15 when funding becomes available, the scope of which wlll cover the area from 17th Street to Lincoln Road South and from West Avenue to Collins Avenue, inclusive of Lincoln Lane, North Lincoln Lane, and side streets south to Lincoln Lane and north to Lincoln Road North. The master planning process will include facilities and infrastructure assessment, a historical overlay assessment, and a conceptual master plan, all of which would interface to the City's Geographic Information System (GIS). The facilities and infrastructure assessment components will help the City determine the condition and required replacement cycles of both above and below ground facilities and infrastructure components of Lincoln Road. The inclusion of these components in the master planning process will assure that identified deficiencies are included in future improvements, resulting in greater accuracy of capital resource requirements and predictability of future maintenance expenses. In addition, the scope would include coordination and integration of improvements with the City Center 9B Basis Of Design Report (BODR) and any approved program for the Miami Beach Convention Center Renovation and Expansion project, as well as an evaluation of any impacts to the 21 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ Ml!\!v\1 BEACH 31 surrounding residential areas. Solicitation Issuance Date: Thursday, January 16th, 2014 Pre-Proposal Conference: Date: Monday, January 28, 2014@ 10:00 AM D Meeting is Mandatory.* Location: ~ Meeting is not mandatory, but strongly City Manager's Large Conference Room encouraged. Miami Beach City Hall, 4th Floor 1700 Convention Center Drive D No Pre-Proposal Conference will be held. Miami Beach, FL 33139 * Bids received from proposers who have not Dial-in Instructions: • Dial the Telephone Number: 888-270-9936 attended the Mandatory Pre-Bid Conference will not be considered. • Enter the Meeting Number: 1142644 and then press the pound (#) key Last Day for Receipt of Questions: Friday, February 7th, 2014@ 3:00 PM Proposal Due Date & Time: Tuesday, February 18th, 2014@ 2:00PM Proposal Opening Date and Time: Immediately following the above due time or as close as feasibly possible. Formal Proposal Submittal Location: Procurement Management De~artment City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33039 Procurement Contact Information: Sandra M. Rico Senior Procurement Specialist Phone: 305.673.7000 ext. 6230 E-mail: srico@miamibeachfl.gov 3 1 RFO 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD G tv\lf\lv\1 BEACH 32 PROPOSAL SUBMITTAL CHECKLIST Proposal Submittal to Include the Following: Sealed Package: No. of Copies of Proposal to be submitted: TAB 1-Bid Tender Form TAB 2 -Bid Certification, Questionnaire & Affidavits Note: all documents must be signed prior to submittal. Submit Proposal in opaque, sealed envelope or container clearly marked on the exterior with the following information: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 1 -Original Signed Bid Proposal 3 -Copies of Bid Proposal 1 -Electronic Copy (CD or USB Drive} of Bid Proposal NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com 41 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD <e /v\I,AJv~l BEACH 33 MIAMI BEACH RFQ 2014-050-SR FOR AN INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD 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 ............................................... . 7 13 13 14 15 17 18 Appendices............................................................ 23 Appendix A-Proposal Certification, Questionnaire & Requirements Affidavit Appendix B-Sample Contract and Related Terms and Conditions 51 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD G I~V\IA.MI BEACH 34 DEPARTMENT OF PROCUREMENT MANAGEMENT /V\IAIV\ BE CITY OF MIAMI BEACH 1700 Convention Center Drive-Third Floor Miami Beach, Florida 33139 Tel: 305-673-7490 I Fox: 786-394-4404 I www.miamibeachfl.gov RFQ No.: RFQ 2014-050-SR RFQ TITLE: INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN THE LINCOLN ROAD NOTICE OF NO RESPONSE If not submitting a Proposal at this time, please detach this sheet from the RFQ documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _Not responding due to workload issues _Not responding due to minimum qualifications requirements _ Not responding due to scope of services _ Not responding due to project's size and/or complexity _OTHER (Please specify)----------------- Note: Failure to respond, either by not submitting a proposal Qf this completed form, may result in your company being removed from the City's bid list We do ___ do not. ___ want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title:--------------- Company: ____________________________ _ Feedback The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor. including information on requirements, timelines, and solicitation forms. 6 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD (9 •"'/ BEACH 35 SECTION I ·OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND The City is engaging in a process to develop a master plan for the Lincoln Road pedestrian retail destination is wholly owned by the City. The objective of this Request for Qualifications is to enter into a contract with a responsive and responsible contractor to undertake a master planning process for Lincoln Road improvements, including a facilities and infrastructure assessment, a historical overlay assessment, and a conceptual master plan, to address the following concerns: • The overall condition of many of Lincoln Road's structures, surfaces and systems are in poor condition and in general need of a refresh or replacement. Although $20 million in programmed over two years in the City's adopted Capital Improvement Program (FY 2014/15 and FY 2015/16) for upgrading the Lincoln Road venue, including its infrastructure, there is no master plan in place to provide an overall comprehensive plan or specifications for the use of the funds • There is a lack of information in the City regarding the existing infrastructure; including specifications for the pumps for the various water features and fountains, for the light fixtures, etc. LINCOLN ROAD-AN HISTORICAL OVERVIEW In 1914, a year before the "Town of Miami Beach" was incorporated, Lincoln Road was conceived of and built by Carl Fisher (developer of the Indianapolis Speedway) to command the attention of America's industrial and social elite. Lincoln Road was destined to become "The Fifth Avenue of the South". Fisher, who was often referred to as "the Father of Miami Beach", specifically intended for the road to be the "high end" retail hinge of Miami Beach. Fisher's vision gave exceptional urbane credibility to the otherwise small and fiedgling seaside resort community built on a sandbar. It not only brought visitors seeking the warmth of the tropical sun but also wealthy new residents accustomed to the amenity of fine shopping and high profile promenading. As a result of Fisher's early and extraordinary marketing skills, Lincoln Road, from the 1920s through the 1940s, attracted premier retailers both large and small, including Bonwit Teller, Saks Fifth Avenue, Peck & Peck, Burdines, Wilma of New York, and Furs dein-bacher of the Waldorf Astoria, just to name a few. In addition, it graciously accommodated the glassy and glamorous showrooms for America's finest automobiles, including Cadillac, Fleetwood, LaSalle, Chrysler, and Lincoln -many of these showrooms have been restored and adaptively reused today. The finest grand theaters and movie houses also flocked to Lincoln Road, including the Beach Theater, Lincoln Theater, the Colony Theater, and later the Carib Theater. In February of 1941, LIFE Magazine, summarized Lincoln Road as follows: "Here in nine short blocks is an array of elegant shops which, in miniature, combines New York's Fifth Avenue, Chicago's Michigan Boulevard, London's once-blessed Bond Street and Paris' once-precious Rue de Ia Paix. Its wide walkways are lined with the windows of world-famous establishments .... " During the 'teens' and 1920s, the architecture of the Road was characterized by the splendors and richness of the Mediterranean Revival style, as may still be seen today in the Community Church built by Fisher in 1921, at the corner of Drexel Avenue, and the fully recreated Bonwit Teller store, today the home of Victoria's Secret, at the corner of Jefferson Avenue. Following the Great Hurricane of 1926, which destroyed much of the City's architecture, as well as the Great Market Crash of 1929, the style of Miami Beach's architecture swung in a more modern and affordable direction, which would later become known as "Art Deco". This new style reflected the hopes and aspirations of changing times and technological advancement in combination with the modern interpretation of ancient aesthetic values. It was a Depression era architecture of great optimism and high spirit, as may be seen in the fully restored Lincoln Theater Building, at the corner of Pennsylvania Avenue, and the streamlined Sterling Building, located between Jefferson and Michigan Avenues. In the decade immediately following World War II, however, the direction of development and design in Miami Beach swung once again in a new direction. Two fabulous new hotels, the Fontainebleau and the Eden Roc, both designed by the brilliant architect, Morris Lapidus, recalibrated the definition of modern hospitality and resort amenity to create what became known as full service "American Plan" hotels. These grand new hostelries included their own high end retail shops, restaurants, cafes, and theaters, as well as lavish landscaped grounds for promenading. Suddenly, there was no need for guests to leave their hotels to shop and promenade on Lincoln Road-the lavish new hotels provided it all, plus the beach. In the 1950s Lincoln Road went into steep decline. Many of the major retailers closed their doors and the Road became a shadow of its former self, desperate for a reprieve. And so in 1957, the City forefathers and surviving Lincoln Road merchants sought the guidance and wisdom of none other than architect, Morris Lapidus, to retrieve and expand upon the earlier vision of Carl Fisher for the "Fifth Avenue of the South". In 1959, Mr. Lapidus proposed a plan to close eight blocks of Lincoln Road to vehicular traffic in 71 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD lb. -BEACH 36 order to create one of the nation's first open pedestrian retail malls. In justifying his proposal, Morris rightly proclaimed, "/designed Lincoln Road for people; a car never bought anything." Mr. Lapidus further stated, '·Jt would become the showcase of the We stem world ... one that might in itself attract over three million visitor-shoppers a year". And so when Lincoln Road reopened on November 27, 1960, it was transformed (albeit with modest budget), replacing the original asphalt traffic lanes with "sparkling fountains, long sweeps of greenery, flowers, trees, and a series of spectacular exhibits': not to mention Morris Lapidus' iconic black and white piano- key striping. But the direction of both technology and American travel trends continued to evolve dramatically after the World War, causing the Road to falter once again in the 1970s. The advent of the Boeing 707 Jetliner late in the 1950s ushered in the hugely impactful new "Jet Age". As jet travel became safe, affordable, and convenient, American travelers largely abandoned Florida's tropical resorts for the more distant but now easily accessible shores of the Mediterranean as well as Acapulco, to mention but a few new destinations. The fine shops and pleasant promenade of Lincoln Road alone could, no longer, compete. During the 1970s, the 1980s, and into the early 1990s, much of South Florida's economy languished in a deep economic slowdown. Then, on May 14, 1979, the Keeper of the National Register, in Washington, D.C., listed the Miami Beach Architectural District (affectionately known today as the "Art Deco District") on the National Register of Historic Places, inclusive of Lincoln Road, bringing new national focus to the seaside community built on a sandbar. By 1992, the City of Miami Beach created the locally designated Flamingo Park Historic District, also inclusive of Lincoln Road. This ensured the first legal protection of historic structures on Lincoln Road from wholesale demolition, which would later include the protection of Morris Lapidus' iconic mall structures and features as well. As high end retailers were leaving the Road during this 70s and 80s, two contrasting things began to happen. While many of the vacant stores were re-occupied by steel gated electronics and souvenir shops with garish lights and bawdy advertising others were acquired and occupied by local artists and art galleries who moved in to try to sustain and foster pedestrian activity and cultural vitality on the Road. The most preeminent of the art groups was the Art Center South Florida (ACSF), which purchased three Lincoln Road properties in 1984 to create affordable studio and gallery spaces for young artists (ACSF still owns and operates two of these properties - a great cultural asset to the Road). These artists and the few remaining long time retail merchants who were able to hang on, were the true heroes who carried Lincoln Road through its darkest decades. So great had become the decline of Lincoln Road during this period that in 1984 a bond issue was put on the ballot to reopen the Road to four lanes of traffic plus two parking lanes. Fortuitously, the bond issue failed at the polls but consideration of reopening the Road to traffic persisted beyond 1992, even as the Flamingo Park Historic District was expanded northward to embrace and protect eight blocks of the Road from wholesale demolition. While the reopening of Lincoln Road to vehicular traffic seems almost inconceivable today, this fate was largely averted by the formation of the Lincoln Road Task Force, in 1992, an offshoot of the Miami Beach (Community) Development Corporation, with a view toward enhancing the Road for commercial and cultural development. The keen focus of the Task Force triggered the creation of its successor entity, the Lincoln Road Partnership (a partnership between the Lincoln Road merchants/property owners/cultural institutions/local citizens, and the City) with the same goal in mind. Two years later, as result of the work of the Partnership, the City provided $11.7 million in construction funds for enhancing the Road along with the creation of a special tax assessment district of affected Lincoln Road properties to raise an additional $4.5 million in funding, for a total of $16.2 million for design services and appropriate new construction. A design competition for the Lincoln Road "renovation project" resulted in the selection of lead architect, Ben Wood of Miami (designer of Bayside), in 1995, who brought on board with him Hiroshi Hara of Tokyo, to design expanded shade canopy structures in the spirit of Lapidus; landscape architect, Martha Schwartz of Cambridge, Mass., to dramatically enhance the landscape and natural tree canopy of the Road, and; Carlos Zapata, architect from Miami, to further develop and enhance a pedestrian friendly modern design palette conducive to relaxed shopping, promenading, dining out-of-doors, and people watching. The philosophy of Wood's team was to preserve as much of Morris Lapidus' 1959 vision as possible while proceeding even further with pedestrian amenities, new infrastructure, fountains, and landscaping well beyond what Lapidus was able to do with his very limited 1959 budget. Simultaneously, the City strongly encouraged the intelligent adaptive reuse and detailed restoration of Lincoln Road's extraordinary collection of original architecture which spanned six decades and several major architectural styles, along with the creation of extraordinary new infill architecture such as the Regal Cinema and 1111 Lincoln Road building. The cumulative result of these decisive mid-1990s actions, when viewed over the past seventeen years, has been nothing short of breath-taking, placing Lincoln Road on the leading edge of pedestrian retail/dining/promenading/cultural venues worldwide, and bringing back a quality of retail investment and architectural design to the Road that had not been seen for four decades. The most recent major examples of this revitalization and resurgence include the reopening of the 11 00 Block of Lincoln Road for pedestrians only and the creation of a highly unique "urban glade", incorporating native Florida Cypress trees in fresh water pools stocked with 81 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD G J\1\LA./1/d BEACH 37 live fish, all set amidst the expansion of Morris Lapidus' black and white 'piano key' striping across the breadth of the former Road. In parallel to this public investment is the private investment in the design of the new 1111 Lincoln Road garage and commercial building by internationally acclaimed Swiss architects, Herzog & de Meuron, designers of the "Birds Nest" arena for the Beijing Olympics. Adjacent to the opposite end of Lincoln Road was the simultaneous design and construction of the New World Center, commissioned by the New World Symphony, and Pennsylvania Avenue Garage, commissioned by the City and both designed by renowned American architect, Frank Gehry Partners of Los Angeles. In October of 2013, the Historic Preservation Board approved the City's proposal to redevelop the Euclid Avenue street end, between Lincoln Lane South and Lincoln Road (immediately south of the "Euclid Oval") as a fully landscaped enhanced pedestrian expansion of the main Road. This project was designed to better distribute heavy pedestrians loads on the main Road by providing a very high level of public amenity conveniently accessed by foot or by vehicle drop off. The unique design builds upon Morris Lapidus' 1959 open air mall vision. Time and history have proven that the urban success of Lincoln Road is highly dependent upon creating and maintaining a critical balance of energizing uses -retail, outdoor cafes, fine dining, cultural amenity, and joyful promenading along a tree shaded corridors, in tandem with exceptional adaptive reuse and restoration of historic structures simultaneous with the creation of brilliant new design at a world class level. If any one of these decisive factors is undervalued or undermined the Road could once again slip back into commercial and cultural decline as witnessed in the 1950s and the 1970s, 80s, and early 90s. Source: W. Cary Assistant Director-Planning Department October 29, 2013 B. SOLICITATION TIMETABLE The tentative schedule for this Solicitation is as follows: Solicitation Issued Pre-Proposal Meeting Deadline for Receipt of Questions Proposals Due Evaluation Committee Review Tentative Commission Approval Authorizing Negotiations Contract Negotiations C. PROPOSAL SUBMISSION DUE DATE January 16, 2014 January 28, 2014 @ 10:00 AM February 7, 2014 February 18, 2014 TBD TBD TBD An original and five (5) copies of complete Proposals, and one electronic copy (CD or flash drive), must be received no later than 3:00p.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 RFQ number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFQ, 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. 91 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD (9. ;\;\I/\.MI BEACH 38 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. 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 City 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 E. CONTACT INFORMATION Contact: Sandra M. Rico Telephone: 305-673-7000 ext. 6230 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 RFQ timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFQ 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 RFQ. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFQ or in any written addendum to this RFQ. 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 by the City Manager who may recommend to the City Commission the proposer(s) slhe 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. 10 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ i\;\IA:\1\I BEACH 39 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 and 1) the Mayor and City Commissioners and their respective staff; or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members, is prohibited. 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. 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 RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any Proposals received as a result of this RFQ. 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 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 andfor condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). 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 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. 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 properly 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, 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 andfor project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 11 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ ;\/\!MV\1 BEACH 40 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. 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 (10%) 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 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. W. CONE OF SILENCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. X. DEBARMENT ORDINANCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). Y. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. 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. 121 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD tn ........ BEACH 41 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. 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, at 305-673-7000, Extension 2984. 88. 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 Proposer shall have completed no less than three (3) projects of similar size, scope, and volume within the last seven (7) years For joint ventures or team proposals, proposals must include a prime proposer. Prime proposer must demonstrate prior working experience with each team firm. SECTION Ill-SCOPE OF SERVICES Undertake a master planning process for Lincoln Road improvements so that it is complete by FY 2014/15 when funding becomes available, the scope of which will cover the area from 17th Street to Lincoln Road South and from West Avenue to Collins Avenue, inclusive of Lincoln Lane, North Lincoln Lane, and side streets south to Lincoln Lane and north to Lincoln Road North. The master planning process will include facilities and infrastructure assessment, a historical overlay assessment, and a conceptual master plan, all of which would interface to the City's Geographic Information System {GIS}. The facilities and infrastructure assessment components will help the City determine the condition and required replacement cycles of both above and below ground facilities and infrastructure components of the Lincoln Road mall. The inclusion of these ccmponents in the master planning process will assure that identified deficiencies are included in future improvements, resulting in greater accuracy of capital resource requirements and predictability of future maintenance expenses. In addition, the scope would include coordination and integration of improvements with the City Center 98 Basis Of Design Report (BOOR) {see attached map) and any approved program for the Miami Beach Convention Center Renovation and Expansion project, as well as an evaluation of any impacts to the surrounding residential areas. Following City Commission selection of the Proposer, the selected Proposer will work with the City Commission and well as solicit input through community outreach with property owners and community members to develop the master plan component of the project. The master plan must include the following: 1. Infrastructure Assessment and Condition report, including; a. Infrastructure Assessment. Evaluation of existing infrastructure (above and underground) of each major infrastructure system on the mall, to include lighting, electrical, drainage, irrigation, utilities, etc., including a projection of remaining useful life expectancy and replacement cost estimates. b. Condition Assessment. Evaluation of the condition of each major component on the mall, to include historical features, artwork, hardscape surfaces, water features, wayfinding signage, ADA accessibility, etc .. c. Recommendations to improve the condition of each of these assessed components and to minimize future maintenance needs (For example: alternative treatments for the "piano keys" -black and white stripes along the middle surface of Lincoln Road -are anticipated to be recommended) 2. Master Plan. The Master Plan shall address in detail, at a minimum, the following elements. a. Vision. b. Conservation of Historical Elements. c. Infrastructure Improvements to address the findings of the Condition and Infrastructure Assessment, including prioritized replacement schedules and specifications for all major systems and equipment. 131 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ce NilANd BEACH 42 d. Conceptual Land Use Plan, including dining zones, open space and park elements, e. Accessibility Plan, including vehicular and pedestrian circulation and access to/from surrounding areas and parking zones, bicycle accessibility and storage, and ADA accessibility requirements. Future public transit access points should be addressed. f. Aestlletic Standards I Design Guidelines for all hardscape, streetscape, lighting, wayfinding signage, outdoor furniture, etc. g. Environmental Sustainability Standards. h. Conceptual plans, diagrams, and illustrative details that incorporate all Master Plan elements. 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 Tab 1.1: Cover Page and Table of Contents Tab 1.2: Executive Summary. Provide a brief summary of no more than two pages describing the basic services offered, experience and qualifications of the Proposer, staff, sub Proposers or sub consultants and any other relevant information. Tab 1.3: Response to Section ll -Minimum Qualifications & Requirements. 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 or tile inability or denial expressed in a proposal to offer solutions or an explanation to the requirements of this section may result in proposal rejection or in deductions of the allocation of points by Evaluation Committee members under the evaluation criteria. Proposals not deemed to be in compliance with the minimum qualification requirements shall not be further considered. TAB2 • erience & Qualifications Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in providing the services detailed herein. Tab 2.1: Firm History & Prior Experience: Submit detailed information regarding the firm's history and relevant experience, including but not limited to: • Documentable, proven track record of providing the scope of services similar as identified in this solicitation. • Experience in providing similar scope of services to public sector agencies Tab 2.2: Qualifications of Proposer Team: Provide an organizational chart of all personnel and consultants to be used for this project 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 Tab 2.3: Financial Capacity:. The prospective Provider shall pay Dun & Bradstreet (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://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 In addition to the SQR, the City reserves the right to require additional information to determine financial capability including latest annual reviewed/audited financial statements with the auditor's notes 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 team member involved in the co-venture must submit financial statements as indicated above. Tab 2.4: Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 141 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD G ;\;\1/\Mi BEACH 43 TAB3 Scope of Services Utilizing the following guiding principles, provide a detailed response detailing the proposed scope of services for each of the elements, as detailed in Section Ill, of the 1) Condition and Infrastructure Assessment; and 2) Master Plan. Guiding Principles: 1. Maintain historical integrity of Lincoln Road infrastructure 2. Maximize the return on every public dollar invested in public infrastructure and facilities. 3. Minimize the economic, health, safety and environmental risks to our community in making those investments. TAB3 • proach and Methodolo Tab 3.1: Submit detailed information on approach and methodology to data collection, community input and public information, project development, project timeline, and any other factor that may impact the successful completion of each project that may result. Tab 3.2: Submit a detailed project construction phasing plan. SECTION V-EVALUATION I SELECTION PROCESS 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in this Solicitation. If further information is desired, Proposers may be requested to make additional written submissions and/or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process. 2. 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. 3. 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). Step 1 -Qualitative Criteria Maximum Points Proposer Experience and Qualifications Scope of Services Approach and Methodology 35 35 30 TOTAL AVAILABLE STEP 1 POINTS 100 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) Miami Beach-Based Vendor Veterans and State-Certified Service-Disabled Veteran Business Enterprises 5 5 TOTAL AVAILABLE STEP 2 POINTS 10 151 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ('9 J\1\L.i\MI BEACH 44 Method of Award. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Low Aggregate Score 3 7 8 Final Ranking** 1 2 3 • Step 2 Points calculated by Department of Procurement Management. .. 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. Balance of Page Intentionally Left Blank 161 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD (,& MIAlld BEACH 45 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. 171 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD & -BEACH 46 SECTION VII-GENERAL CONDITIONS 1. 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 oonditions 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, 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 offer{s) submitted in response to this solicitation. b, Proposer /Contractor/Offeror-Any individual, firm, or corporation submitting a proposal for this Project acting directy 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 M1ami 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 10% or more of the outstanding capital stock in 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 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 not 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 satsfied 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 personnel, residents, industry experts and other individuals whose purpose is to evaluate the proposals received in response to this RFQ 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 reoommendation 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. 0. Successful Proposer -shall mean the Proposer (s) recommended for award. p, q, r. S. 3. 4. 5. 6. 7. 8. 9. Term Applicant -shall mean an individual, partnership, or oorporation, which 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 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 oondilions, 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 serv1ces, 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 VendOr'$ 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 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. Proposers 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 rnust 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. 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 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 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 ilem(s) offered and furnished. 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. EQUIVALENTS. If a proposer offers makes of equipment or brands of 181 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD <9 tV\If\MI BEACH 47 supplies other than those specified in the Proposal specifie<Jtions, he must so indicate in his proposal Specific article(s) of equipmenVsupplies 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 1ndie<Jte ANY deviation from the specifie<Jtions as listed in the Proposal. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed confomnance with specifie<Jtions, 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 specifie<Jtions. 12. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are infomnational 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 fomnally 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 priority" under the emergency conditions noted above. 14. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not confomning 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, specifie<Jtions, and technical information, 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. Proposer s 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 del1ver reqUired samples, or to cleany 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 spec~ied (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 nomnal working hours of the City using Department. Monday through Friday, 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 Managemenl (DPM) 1700 Convention Center 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 for 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 negligence or willful misconduct of the City. 21. If any equipment or supplies supplied to the City are found to be defective, or do not confomn 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 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 perfomnance of the contract including its use by the City of M1ami 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, services, 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 til is 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, 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 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. 191 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD e i•/\l,~,i\'~.: BEACH 48 29. ANTI-DISCRIMINATION. The proposer certifies that helshe 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, infomration 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 City of Miami Beach property to deliver materials or perform work or services as a result of the Proposal, the proposer will assume the lull 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 insunance 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 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 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 noUce 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 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 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 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 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 Managets written recommendation to the City Commission, as same is set forth and 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 to file a t1mely not1ce 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 OR AFTER SAID DEADLINE. 40 Any interpretation of the Proposal, including, Without limitation, responses to questions and request for clalification(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 govem 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 clalifications concerning the Proposal shall be submitted in writing to the Department of Procurement Management (DPM) 1700 Convention Center Drive, Miami Beach, Fl33139 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 constnued 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 source of supply. In these instances, the City may also require material infomration from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts betNeen information provided by the source of supply and the infomration 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 I he successful proposer is in force, re¥iew 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. lnrespective of the proposer 's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement temnination procedures if the City detemrines that the successful proposer no longer possesses the financial support, equipment, and organization which would have been necessary dunng the proposal evaluation period in order to comply with the demonstration of competency required under this subsection. 20 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ Ml ;\[v\1 BEACH 49 51. DETERMINATION OF AWARD. Unless otheiWise 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 otheiWise 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 the prior written consent of the City. 53 LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, pennits, 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 go~ernment or non-profit agency. 55. SPOT MARKET PURCHASES. It 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 the items from state or other governmental ccntract, or on an as-needed basis through the City's spot market purchase pro~isions. 56. ELIMINATION FROM CONSIDERATION. This proposal shall not be awanced 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 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 est1mates 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 presentaUon 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 proposers 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 ocntract resulting from collusive proposalding may be tenminated for cause. 60. DISPUTES. In the event of a conflict between the Proposal documents, the oncer 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 precE!{Jence: then 63. The Proposal; then 64. The proposer's proposal in response to the Proposal. 65. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act. any person requiring an acocmmodation at the Proposal openmg 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 infiuencing 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 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 e~ent 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 resolvoo. 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 C1ty 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 otheiWise 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 work and/or services then remaining to be perfonned by giving written notice to the proposer of such termination, which shall become effective upon receipt by the proposer of the written tennination not1ce. 71. In that event, the City shall compensate the successful proposer in accordance with the term of the contract for all work and/or se!Vices 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 accordance with this subsection 1.57. 74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, tenninate the work and/or services then remaining to be perfonned, at any time, by giving written notice to the successful proposer of such tenmination, which shall become effecti¥e 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 tenminatE!{J by the City as pro¥ided in this subsection, the City shall compensate the successful proposer in accordance with the tenns of the contract for all and without cause and/or any resulting liability to the City, work and/or se!Vices actually perfonmed 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 21 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ i\'\i !'\/v',,i BEACH 50 the successful proposer expected to eam 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 ot relating to or resulting from the perfonnance 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 invesUgate 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 successful Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise pro~ided by the successful Proposer shall in no way limit the responsibility to indemnify, keep and sa~e hannless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or tennination 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 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 and letters of withdrawal received after contract award will NOT be considered. 78. EXCEPTIONS TO PROPOSAL. Proposer s 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 are 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. Proposer s are hereby notified that all Proposal including, without limitation, any and all infomnation 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 perfomn 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 otherwise pro~ided 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 transfer. at no cost, to the public agency all public records in possession of the contractor upon temnination 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. 221 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD lp /v\1/lJv\1 BEACH 51 APPENDIX A Proposal Certification, Questionnaire & Requirements Affidavit RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 52 Solicitation No: 2014-050-SR Solicitation Title: Infrastructure Condition Assessment and Master Plan of Lincoln Road Procurement Contact: Telephone Number: I E-mail Address: Sandra M. Rico (305) 673-7000 X 6230 srico@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements. and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: I No of Years in Business Locally: I No. of Employees: OTHER NAME{S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS CITY STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. 53 2. Miami Beach Based (Local) Vendor. Is proposer a Miami Beach based firm? 3. C::J 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 2011-37 47, 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. Proposer shall stJI:lmit at least tR:ree (~) references for whom the proposer has completed work similar in size and nat1:1re as the work referenced in solicitation. Additionally, Proposer sho~:~l9 pFOvi9e referense with the Contrastor Client S~;~rvey provi9ed as an attachment to the solicitation, and req1:1est that your reference s1:1bmil tl=le completed s1:1rvey to directly to the contracting officer named in tl=le solicitation. In order to be considered, surveys must be sent to tl=le Proc~o~rement Di'lisien directly lay the reference. A minim~;~m of three (3) references are req~;~ired. THIS SECTION IS SUPERCEDED BY REFERENCE REQUIREMENTS ESTABLISHED IN SECTION Ill. SUBMITTAL REQUIREMENT: Proposer shall s~;~bmit a minim1:1m of three (3) references, incltJding the following information: 1) firm Name, 2) Contact lnc:livid1:1al Name & Title, 3) Mdress, 4) Telephone, a) Contact's Email and 6) Narrative on Scope of Services Provided. Additionally, eacl=l reference sho1:1ld s1:1bmit Contrastor Client Survey inclw:Jed in tl=le solicitation directl•r to the City. Proposer may st~l:lmit a99itional references and ask that additional references st~bmit client s~;~p,reys 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 nonjperfor7ance by any public sector agency? c=J YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 251 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD e fvA1i.J\f\A BEACH 54 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 confiict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachft.gov/procurement/. 10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfi.gov/procurementl. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005- 3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners. as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A B. 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 Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? c=J YES c=J NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit S!Jouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave 261 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PUIN OF LINCOLN ROAD to -/1.1\ 'BEACH 55 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/procuremenU. 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. 287017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 --- Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 . . If additional confirmation of addendum IS required, subm1t under separate cover . 271 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ /1/\!/\\f'.' BEACH 56 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 RFQ, 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 RFQ, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFQ are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFQ is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFQ, 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 RFQ, 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 RFQ, 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. 28J RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ltl -BEACH 57 PROPOSER CERTIFICATION I hereby certify that I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this ITN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the 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: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA On this _day of , 20_, personally appeared before me who County of ) slated 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: ______ _ 291 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD e BEACH 58 APPENDIX B MIAMI BEACH Sample Contract and Related Terms and Conditions & Forms RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Mlaml Beach, Florida 33139 30 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD e ,I BEACH 59 NOTE: THE SAMPLE CONTRACT, TERMS AND CONDITIONS ARE BEING REVIEWED AND FINALIZED WITH THE LEGAL DEPARTMENT. 60 A. TT ACHMENl Cll'f CENTER 98 1 I 0~ NO!I'9' ~1 rr I .l 61 THIS PAGE INTENTIONALLY LEFT BLANK 62 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Transvalue, Inc. Pursuant To Invitation To Bid (ITB) No. 2014-002 For Armored Car Services. orted: Supporting Data (Surveys, Environmental Scan, etc.): Issue: I Shall the City Commission approve the award of Contract? Item Summary/Recommendation: The purpose of this item is to approve a contract for armored car services pursuant to ITB 2014-002- MF. The services are necessary to protect the City of Miami Beach (the "City") monies in transit from Parking, Parks and Finance locations throughout the City in route to City's bank for deposit. 13 vendors were notified and downloaded the solicitation. Two (2) responses were received in response to the solicitation. After review of bids received, the City recommends award to the lowest responsive, responsible bidder, Transvalue, Inc. RECOMMENDATION Award contract to Transvalue, Inc., the lowest responsive, responsible bidder, for an initial term of three years, with three one-year optional renewals, as stipulated in the ITB. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 $7,000.00 Parking Department Account No. 480-0462-000325 ~ 2 $6,000.00 Parking Department Account No. 142-6976-000325 3 $6,000.00 Parking Department Account No. 463-1990-000325 4 $24,000.00 Parking Department Account No. 480-0463-000325 5 $4,680.00 Finance Department Account No. 011-0362-000343 OBPI 6 $2,340.00 Miami Beach Golf Club Account No. 011-0970- 000343 7 $2,340.00 Normandy Shores Golf Club Account No. 011-0975- 000343 Total $52,360.00 Financial Impact Summary: The annual cost associated with armored car services to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted above are the FY 2014 budget amounts approved by Commission. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext # 6641 MIAMI BEACH 63 er AGENDA ITEM _C._:Z._B----,;-;:- DATE /-/5-/CJ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the C~y clm_~.,;on Jimmy L. Morales, City Manager ~ FROM: DATE: January 15, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWA D A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2014-002 FOR ARM RED CAR SERVICES ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Strengthen internal controls. FUNDING The annual cost associated with Armored Car Services is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted below are the FY 2014 budget amounts approved by Commission. $7,000.00 $6,000.00 $6,000.00 $24,000.00 $4,680.00 $2,340.00 $2,340.00 $52,360.00 Parking Department Account No. 480-0462-000325 Parking Department Account No. 142-6976-000325 Parking Department Account No. 463-1990-000325 Parking Department Account No. 480-0463-000325 Finance Department Account No. 011-0362-000343 Miami Beach Golf Club Account No. 011-0970-000343 Normandy Shores Golf Club Account No. 011-0975-000343 Total Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-002 is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide armored car services to protect the City of Miami Beach (the "City") property and monies in transport from one location to another for the Parking, Parks and Finance Departments. The contract(s) entered into with the successful bidder(s) shall remain in effect for three (3) years. The price offered by the Bidder in its Bid Proposal shall be fixed for the original three (3) year term. The City, through its City Manager, shall have the option to renew this contract for an additional three (3) one-year periods on a year-to-year basis. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the applicable CPI-U index. 64 Commission Memorandum ITB 2014-002 Armored Car Services January 15, 2014 Pago 12 ITB PROCESS ITB No. 2014-002, was issued on October 11, 2013, with a bid opening date of November 6, 2013. A total of four (4) addendums were issued, to answer to questions submitted by prospective bidders, thus postponing the bid opening date to November 17, 2013. The Public Group issued bid notices and nine (9) prospective bidders accessed the advertised solicitation. Additionally, the Department of Procurement Management sent the ITB document to four (4) firms. The notices resulted in the receipt of the following two (2) bids: • Transvalue, Inc. • Loomis Armored US, LLC Brinks and Dunbar submitted "No Bid" responses due to some of the City's requirement stated within the ITB, including same day delivery of collected monies to the City's bank. Loomis Armored US, LLC's bid, aside from being significantly higher than the bid from Transvalue, was deemed non-responsive due to a list of contract exceptions submitted by Loomis, including pricing and rate adjustments language and contract terms that did not comply with the bid requirements. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. Veterans and local preferences were considered during the tabulation of the bids received. Please note that neither veteran nor local preference was applied to any of the bidders. The sole responsive bid received from Transvalue, Inc. was deemed responsive to the bid requirements. In determining responsiveness and responsibility of the sole responsive bidder, the Department of Procurement Management verified the following: • Minimum Requirements Transvalue, Inc. possesses a Class "8" Security Agency License in the State of Florida for a three (3) year period, owns at least 10 vehicles and employs more than 20 employees. • Financial Capacity D&B Report was obtained indicating Transvalue, Inc. has a low supplier evaluation risk rating. • Past Performance Transvalue has provided armored car services to the City for the past four (4) years. All three (3) Departments serviced by Transvalue have provided positive feedback regarding Transvalue's performance under the current contract. Other references contacted provided a positive review. 65 Commission Memorandum ITB 2014-002 Armored Car Services January 15, 2014 Pago 13 DPM benchmarked the price received from Transvalue, Inc. with pricing offered to Miami- Dade County by Dunbar pursuant to contract 6092-0/14. The following table shows the comparison: Transvalue Dunbar Item Description ITS 2014-002 MD County 1 Cost per pick-up Monday-Friday $17.00 $18.05 Cost per pickup (After Hours, 2 Weekend and Holidays $17.00 Not available Pricing received from Transvalue, Inc. in response to the ITB and estimated annual amounts is included in Appendix A. Based on the above, it is recommended that Transvalue be awarded the contract. Transvalue. Inc. TransValue, Inc. was founded in 1992 in Miami. The company has satisfactorily provided the City of Miami Beach armored car services since 2009. Their customers include both private and government agencies, including Global Spectrum (Miami Beach Convention Center}, Office of Veterans Affairs, Broward County and the Federal Reserve Bank among others. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to Transvalue, Inc. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract pursuant to Invitation to Bid (ITB) No. 2014-002 for Armored Car Services to Transvalue, Inc. in the amount of $52,360. T:IAGENDA\2014\January\ITB 2014-002-MF Armored Car Services -MEMO.doc 66 en ........ APPENDIX A-TABULA TED RESULTS ITB-2014-002 AMORED CAR SERVICES Item Description 1 Cost per pick-up Monday-Friday Cost per pickup (After Hours, 2 Weekend and Holidays 3 One time set-up cost if any 12"x16" tamper evident bag 4 (indicate cost if any) Total1-4 Quantities shown are estimated. Annual Estimated Pick-ups 2,460 680 1 1,000 TRANSVALUE, INC. LOOMIS ARMORED US U/M Unit cost Total Unit cost Total each $17.00 $41,820.00 $55.00 $135,300.00 each $17.00 $11,560.00 $49.00 $33,320.00 each $0.00 $0.00 $0.00 $0.00 each $0.32 $320.00 $0.60 $600.00 $53,700.00 $169,220.00 THIS PAGE INTENTIONALLY LEFT BLANK 68 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract Pursuant to Invitation to Bid (ITB) No. 014-2013-TC for the Demolition of the Normand Shores Park Buildin . Key Intended Outcome Supported: Ensure quality and timely delivery of capital projects Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or "good." Issue: J Shall the City Commission award the contract? Item Summary/Recommendation: As part of the FY 09/10 Capital Budget, the Parks and Recreation Department was approved funding in the amount of $135,500 to replace the existing playground that was beyond repair at the Normandy Shores Park. The funding request proposed the complete replacement of the playground, safety surface, new fencing, furniture, fixture, and equipment. Prior to replacement of existing structures, it is necessary to complete the demolition work, the removal of demolition materials and disposal of materials and related work on the existing structures. To achieve the desired scope, Invitation to Bid (ITB) 014-2013-TC was issued on May 22, 2013, with an opening date of June 13, 2013. The solicitation was advertised and notices were released to prospective bidders, of which 12 downloaded the solicitation. Bids were received from three (3) bidders. After staffs review of the bids received, LCN Group, Inc. (LCN) was initially deemed the lowest responsive, responsible bidder. On July 17, 2013, the Commission approved award to LCN as the lowest and best bidder, pursuant to ITB 014-2013-TC. Since City Commission approval of the award to LCN, staff has been attempting secure the required surety bonds from LCN. At the request of LCN, on September 13, 2013, the City issued a two (2) week extension to LCN Group, Inc. to be able to secure the required surety bonds. To date, LCN has not responded to the City's request for the surety bands or an update on the process. Accordingly, an December 20th, 2013, the City issued a Notice of Termination of Contract Execution Proceedings to LCN Group, Inc. (Attachment "A") due to their inability to obtain the required surety bonds. Contract execution proceedings have been therefore terminated. Award is now being recommended to the second lowest, responsive, and responsible bidder to the ITB, Chin Diesel, lnc.(Chin). Chin has agreed to hold the pricing submitted in their response to the ITB. RECOMMENDATION Due to the default of the first lowest, responsive, and responsible bidder, LCN Group, Inc., the Administration recommends the award of the contract to Chin Diesel, Inc., the second lowest, responsive, and responsible bidder pursuant to Invitation to Bid (ITB) 014-2013-TC, for the demolition of the Normandy Shores Park Building, in the amount of $45,232; plus approve a project contingency of 10% for a not-to-exceed grand total of $49,756; further authorizing the Administration to engage in value enqineering to further reduce the cost and time for completion of said project. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: OBPI Amount 1 $42,932 2 $4,542 fA ~ 3 $2,300 f--' ~ Total $49,756 Financial Impact Summary: N/A MIAMI BEACH Account 302-2019-069357 {Construction Fund) 302-2019-069358 {Contingencies Fund) 302-2019-000674 (Architect & Engineering Fund) 69 er lition -Summary.doc AGENDA ITEM _C_;?t:..__C. __ DATE /-IS"-/C( MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov TO: COMMISSrMORANDUM Mayor Philip Levine and Members f the City mmission FROM: Jimmy L. Morales, City Manager rr---...... DATE: January 15, 2014 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 0 4-2013TC, FOR THE DEMOLITION OF THE NORMANDY SHORES PARK BUILDING. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure quality and timely delivery of capital projects. FUNDING $42,932 302-2019-069357 (Construction Fund) $4,542 302-2019-069358 (Contingencies Fund) ------:-'-$_2-'-, 3_00~ 302-2019-00067 4 (Architect & Engineering Fund) $49,756 Total BACKGROUND As part of the FY 09/1 0 Capital Budget, the Parks and Recreation Department was approved funding in the amount of $135,500 to replace the existing playground that was beyond repair at the Normandy Shores Park. The funding request proposed the complete replacement of the playground, safety surface, new fencing, furniture, fixture, and equipment. During project development, the Parks & Recreation Department worked internally to develop a second phase of the park's revitalization, which included a new recreation building/activity pavilion/restroom with storage space, similar to the one built in Fairway Park. A water access/fishing dock and the new playground with shade and safety surfacing was also included. In January 2012, the Parks and Recreation Department met with Commissioner Jorge Exposito and Normandy Shores HOA Projects Committee Chair Mark Wojak to present the second phase concept and gain initial feedback. Mr. Wojak agreed to take the concept to the Normandy Shores HOA board for their comments. On February 14, 2012, Mr. Wojak recommended that in lieu of the water access concept, the residents on Normandy Shores would prefer a more open green space park which included the demolition of the existing storage building/restroom that is in very poor condition. This restroom is currently utilized by tennis players and a replacement is not included in this project, however, there is a public restroom in the Normandy Shores Golf Club across the street. In addition, a vita course/ fitness circuit similar to the one installed in Lummus Park, park furnishings such as benches, trash 70 Commission Memorandum -ITB 014-2013TC-Demolition of the Normandy Shores Park Building July 17, 2013 Page 2 receptacles etc., new fencing, and landscaping were part of the recommendations provided by the residents. On July 17, 2013, the Commission approved award to LCN Group, Inc. as the lowest and best bidder. After the initial Award Recommendation Approval at the July 17, 2013 Commission Meeting, The City Administration began the process of executing a contract with LCN Group. After several weeks of communication regarding the execution of the contract, LCN Group expressed that they required additional time to secure the required surety bonds. On September 13 1h, 2013, LCN Group was issued a two week extension by City Administration to submit acceptable surety bonds as required by the ITS. LCN Group was unable to secure said surety bonds within the allotted timeframe. Based on the aforementioned, the City has exercised its right to terminate its proceedings to execute a contract due to their inability to secure the appropriate required Payment and Performance Bonds. On December 201h, 2013, the City issued a Notice of Termination of Contract Execution Proceedings to LCN Group, Inc. (Attachment "A"). The City Manager is recommending in moving forward to award this Contract to the second lowest and best bidder, Chin Diesel, Inc. SCOPE OF SERVICES The Scope of Services remains unchanged. Demolition and removal of the Normandy Shores Park Building shall include the following services: • The Contractor is responsible for contacting utility companies to retire the necessary utilities (natural gas, water, and/or electricity) prior to demolition. • Demolition and removal of structures shall include removal of the entire identified structure(s) and contents to the construction limits. • All concrete floor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and underground improvements associated with the structure shall be removed as noted. • Fences shall remain, unless otherwise instructed to remove them. • Cap all building sewer connections at existing wye locations. • Develop an optional asbestos and lead paint abatement report. • Removal of any identified underground storage tanks. • Provide temporary erosion and sediment control on each respective property prior to the start of demolition operations for the full duration of the project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs the Contractor shall take corrective action immediately. • Grading, backfill, sodding, and return to grade shall be performed as follows: • All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum density of the backfill material used as determined by ASTM designation D-698. The top 71 Commission Memorandum -ITB 014-2013TC-Demolition of the Nonnandy Shores Park Building July 17, 2013 Page3 six (6) inches of backfill shall be made with soil suitable far growth of grass and graded to natural grade of surrounding undisturbed earth. • Final grading shall insure adequate drainage offsite and nat permit pending of water. All filled and disturbed ground shall be smoothed for mowing. • The Contractor shall import clean fill as necessary to establfsh proper surface grades but the Contractor may cut and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved by the City. • In the event previously unknown hazardous materials are discovered by the Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and immediately notify the City Project Manager; • All demolition materials and debris shall be removed from the work concurrently with progress of work. Contractor shall not allow mud and debris from vehicle transporting demolition materials to litter any streets or highways. Contractor shall clean any such mud or debris at its sale expense. The City will vigorously enforce all requirements relating to clean-up of debris, dirt, mud, and demolition materials from the site and an streets, highways, and adjacent properties. Cleanup shall follow immediately after and at the same rate as construction and shall not be delayed until entire project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the Contractor in connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures, equipment, etc. shall be removed and the area left in a neat and presentable condition. If at any time during performance of work by Contractor the City's Project Manager determines that cleanup is nat being accomplished, the City's representative may direct, in writing, no additional work can be accomplished without meeting certain requirements. If so directed, no claim for additional time will be allowed. The Contractor is to provide extra care during performance of work by Contractor to ensure that no rock, base stone, string, stakes, or any ather construction material is left in the water main or irrigation lines. At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed to enter the water main or irrigation systems. • Contractor shall make every effort to locate and identify all underground pipe lines, cables, and conduits by contacting the Florida One Call System and the owners of underground utilities, by prospecting or otherwise, in advance of trench or excavation operations. Contractor will be required to relocate the utility or work around it at no cost to the City. It will be the responsibility of the Contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation. Contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the underground or above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any and all claims or judgments whenever made as a result of the contractor's actions. If additional or unexpected utility conflicts occur, the Contractor shall be responsible for coordinating with the affected utility company to resolve the conflict and maintain progress on the project. No time extensions will be granted for associated delays. • Contractor shall maintain and enforce all necessary and adequate safety precautions for the protection of life and property on all work performed. Contractor shall also comply with all regulatory agencies requirements for safety and use extreme caution to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project area. Barricades, safety screening, or 72 Commission Memorandum-ITB 014-2013TC-Demolition of the Nonnandy Shores Park Building July 17, 2013 Page4 other acceptable methods shall be used as needed to keep the public out of danger and to safely divert them around the project area. • Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall be observed. Contractor shall take or cause to be taken such safety and health measures, additional to those herein required, as the contractor may deem necessary or desirable. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. The contractor shall promptly furnish the Local Public Agency with reports concerning these matters. Contractor shall indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. • Inspection by Department of Building Development Services for final permit shall be requested by the Contractor within ten ( 1 0) days of completion of demolition of each separate site. Inspection to finalize demolition permit must be requested by Contractor upon completion of demolition and site clean-up. ITB PROCESS Invitation to Bid (ITB) 014-2013TC was issued on May 22, 2013, with an opening date of June 13, 2013. The pre-bid conference was held on May 30, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Bidnet issued bid notices to 31 and 276 prospective bidders respectively of which 10 and 2 accessed the advertised solicitation respectively. In addition, 148 vendors were notified via email, which resulted in the receipt of the following three (3) proposals: • Cast Development, LLC • Chin Diesel, Inc. • LCN Group, Inc. The following table provides the proposed total base bid prices of the three (3) responsive bids: LCN Group, Inc. Chin Diesel, Inc. Cast Development, LLC $34,875 $45,232 $46,047 After staff's review of the bids received, LCN Group, Inc. had been deemed the lowest responsive, responsible bidder. Unfortunately, due to their inability to secure the required surety bonds, the City Manager is recommending moving forward with contract execution proceedings with the second lowest, responsive, and responsible bidder, Chin Diesel, Inc. 73 Commission Memorandum-ITB 014-2013TC-Demolition of the Normandy Shores Park Building July 17, 2013 Page5 Founded in 2001, Chin Diesel, Inc. is a Miami Dade County Licensed Contractor with a Certificate of Competency specializing in demolition services that also possesses extensive knowledge and field experience throughout South Florida. Notable clients include Miami Dade County, the City of Miami, and the City of Pompano Beach, exemplifying their experience with public agencies. In determining responsiveness and responsibility of the second lowest bidder, the Department of Procurement Management verified the following: • Minimum Requirements Chin Diesel, Inc. possesses a Certificate of Competency in Miami Dade County (#11 BS00435) specializing in demolition services and is current in their requirements to all agencies. They maintain a fleet of five (5) dump trucks as well as maintaining various pieces of heavy equipment used during demolition services. • Past Performance Chin Diesel, Inc. has provided demolition services to the City of Miami, the City of Pompano Beach, and Miami Dade County for the past two (2) years and have proven their ability to handle a wide range of project complexities, ranging from residence demolitions, to intricate marine structures. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. As a result, the City Manager recommends to the Mayor and City Commission to award the construction contract to Chin Diesel, Inc. as the second lowest responsive, responsible bidder due to the default of the lowest, responsive, and responsible bidder, LCN Group, Inc. Furthermore, the City Manager authorizes the Administration to engage in value engineering to further reduce the cost and time for completion of said project. CONCLUSION The Administration recommends the award of the contract to Chin Diesel, Inc., the second lowest responsive, responsible bidder pursuant to Invitation to Bid (ITS) 014-2013TC, for the demolition of the Normandy Shores Park Building, due to the default of the lowest, responsible, and responsive bidder, LCN Group, Inc. in the amount of $45,232; plus approve a project contingency of 10% for a not-to-exceed grand total of $49,756; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. ATTACHMENTS • Attaiment A: Notice of Termination of Contract Execution Proceeding Regarding ITB No. 13-014TC, Demolition of the Normandy Shore Park Building. JLM/MT/K /JRIAD T:\AGENDA\2 3\.July 17\Procurement\ITB 014-2013TC-Normandy Shores Parl< Building Demolition-MEMO.docx 74 ~ - COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS RFQ No. 2014-087-SR FOR CITYWIDE DEMOLITION SERVICES Item Summary/Recommendation: The City of Miami Beach does not currently have an approved list of contractors to perform demolition services when they are required. Although historically these services have been used infrequently, there are several properties throughout the City that are in various stages of the "Unsafe Structures Board" (County) process, which could result in a declaration that the properties are unsafe and, therefore, in need of demolition. Many properties have been derelict and abandoned for some time. Neighborhood groups have long encouraged the City to utilize more aggressive methods to force owners to bring heavily cited properties into compliance. These properties are not only unsightly and dangerous, but they also attract crime and negatively impact property values throughout City neighborhoods. The intent of this RFP is to pre-qualify multiple contractors to provide demolition services. Once the contractors have executed an agreement with the City, the City Administration will then issue Invitations to Quote (ITQ) to the pre-qualified contractors to receive quotes for specific projects as their needs become apparent. The anticipated typical scope of work shall consist of providing the safest demolition possible, resolve all engineering, utility and other challenges related to all demolition services, and to perform all work, or other operations required for the fulfillment of each project. The work shall be complete, and all work, materials, and services not expressly indicated, or called for in each project's scope of work, which may be necessary for the completion and proper performance of the work, in good faith shall be the responsibility of the contractor(s) selected. The contractor{s) shall also be responsible for maintaining the demolition site in a clean and safe condition both before and after their work is performed, and are also charged with providing all required forms of insurance with the City as a third party insured. It is important to note that property owners have a myriad of legal protections available to them, and that these demolition services will be utilized only in the most extreme cases after all other efforts and legal remedies have been exhausted. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFQ for Demolition Services for the Building Department. RECOMMENDATION APPROVE THE ISSUANCE OF THE RFQ Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 N/A N/A OBPI Total ~~~--~~~~~~~~~~~~~~~~~~~~~~=-~-; Financial Impact Summary: $250,000 WAS APPROVED IN THE 2013/2014 FISCAL YEAR AS AN ENHANCEMENT THAT MUST RECEIVE FINAL APPROVAL BY THE CITY COMMISSION BEFORE BEING TRANSFERREDTO THE DEPARTMENT. City Clerk's Office Legislative Tracking: Stephen Scott, Ext. 6824 Sign-Offs: {\ Def.kJJJ,ment DireNiPr I As~~t City Matfiger I City ~ffl<J.Q&r I AD~ MVF \if-" I J~(_U I KGB M} I JL_M/ ~., " T:\AGENDA\2014\January 15\Procurement\ISSUAN~ S~MMARY-RF -DEMO SVCS FOR BUILDING ~T.docx MIA/\1\IBEACH 75 . Agenda Item Date MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members DATE: January 15, 2014 SUBJECT: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) No. 2014~087SR FOR CITYWIDE DEMOLITION SERVICES ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFQ. BACKGROUND The City of Miami Beach does not currently have an approved list of contractors to perform demolition services when they are required. Although historically these services have been used infrequently, there are several properties throughout the City that are in various stages of the "Unsafe Structures Board" (County) process, which could result in a declaration that the properties are unsafe and therefore in need of demolition. Many properties have been derelict and abandoned for some time. Neighborhood groups have long encouraged the City to utilize more aggressive methods to force owners to bring heavily cited properties into compliance. These properties are not only unsightly and dangerous, but they also attract crime and negatively impact property values throughout entire neighborhoods. The intent of this RFP is to pre-qualify multiple contractors to provide demolition services. Once the contractors have executed an agreement with the City, the City Administration will then issue Invitations to Quote (ITQ) to those contractors to receive quotes for specific projects as their needs become apparent. The anticipated typical scope of work shall consist of providing the safest demolition possible, resolve all engineering, utility and other challenges related to all demolition services, and to perform all work, or other operations required for the fulfillment of each project. The work shall be complete, and all work, materials, and services not expressly indicated, or called for in each project's scope of work, which may be necessary for the completion and proper performance of the work, in good faith shall be the responsibility of the contractor(s) selected. The contractor(s) shall also be responsible for maintaining the demolition site in a clean and safe condition both before and after their work is performed, and are also charged with providing all required forms of insurance with the City as a third party insured. It is important to note that property owners have a myriad of legal protections available to them, and that these services will be utilized only in the most extreme cases after all other efforts and legal remedies have been exhausted. 76 City Commission Memorandum -RFQ Demolition Services January 15, 2014 Page 2of2 SCOPE OF SERVICES Please Reference Section Ill, RFQ 2014-087SR for Citywide Demolition Services, included in Attachment A. MINIMUM QUALIFICATIONS Please Reference Section II, RFQ 2014-087SR for Citywide Demolition Services, included in Attachment A. MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS Please Reference Section IV, RFQ 2014-087SR for Citywide Demolition Services, included in Attachment A. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION Please Reference Section V, RFQ 2014-087SR for Citywide Demolition Services, included in Attachment A. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of RFQ 2014-087SR for Citywide Demolition Services. ATTACHMENTS • Attach~nt A: RFQ 2014-087SR for Citywide Demolition Services. SS/MVF/AD/K~/JJ/JLM T:IAGENDA\2014\December 11\Procurement\ISSUANCE MEMO -RFQ-DEMO SVCS FOR BLDG DEPT.Docx 77 REQUEST FOR QUALIFICATIONS FOR CITYWIDE DEMOLITION SERVICES RFQ 2014-087SR BID ISSUANCE DATE: FRIDAY, JANUARY 17, 2014 RFQ DUE DATE AND TIME: WEDNESDAY, FEBRUARY 19,2014 BY 3:00PM ISSUED BY: /v~!A/V\i BEACH Sandra M. Rico, Senior Procurement Specialist DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x 6230 I srico@miamibeachfl.gov 78 Section I Section II Section Ill Section IV Section V Section VI Section VII Section VIII MfAMiBEACH RFQ 2014-087SR FOR CITYWIDE DEMOLITION SERVICES TABLE OF CONTENTS Overview & Proposal Procedures .................... "" .... .. Minimum Qualifications Requirements .................... . Scope of Services .................................................. . Proposal Format ................................................... . Evaluation/Selection Process .................................. . Special Terms & Conditions: Insurance ........................ . General Conditions ............................................... . 5 9 9 12 13 15 16 Appendices............................................................ 21 Appendix A-Proposal Certification, Questionnaire & Requirements Affidavit Appendix B-Sample Contract and Related Terms and Conditions 79 CITY OF MIAMI BEACH DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive-Third Floor Miami Beach, Florida 33139 Tel: 305-673-7490 I Fax: 786-394-4404 I www.miamibeachll.gov tAl A;V\1 BEACr-! PUBLIC NOTICE Sealed proposals, as detailed herein, will be received until3:00 PM on, FEBRUARY 14, 2014, at the above listed address. 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 SUBMITIING 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 PubUcPurchase for automatic notification of bid 0pportunities and document fulfillment, including the issuance of any addendum to this RFQ. This system allows vendors to register online and receive notification of new bids, addendums and awards. Registration is available through www.publicpurchase.com. Any prospective proposer who has received this RFQ by any means other than through PubficPurchase must register immediately with PubficPurchase to assure receipt of any addendum issued to this RFQ. Prospective proposers are solely responsible for assuring they have received any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. Proposers are hereby advised that this RFQ is subject to the following ordinances/resolutions, which may be found on the City of Miami Beach website: www.miamibeachfl.gov/procurement. • CONE OF SILENCE ................................................................... .. • PROTEST PROCEDURES ......................................................... . • DEBARMENT PROCEEDINGS .................................................... .. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES ................. . • CAMPAIGN CONTRIBUTIONS BY VENDORS ............................... . • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES ..................................................................................... . • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS .................................. .. CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT................................................ .... CITY CODE SECTIONS 2-407 THROUGH 2-410 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS... . CITY CODE SECTION 2-372 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE" DISABLED VETERAN BUSINESS ENTERPRISES..................... CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE................................................ CITY CODE SECTION 70-300 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 RFQ due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or comment submitted in response to this RFQ. 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, Sandra M. Rico Senior Procurement Specialist Department of Procurement Management 31 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES ~ i\1\Lt.Jv'd BEACH 80 CITY OF MIAMI BEACH DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive-Third Floor Miami Beach, Florida 33139 Tel: 305-673-7490 I Fax: 786-394-4404 I www.miamibeachll goy RFQ No.: RFQ 2014-087SR RFQ TITLE: CITYWIDE DEMOLITION SERVICES NOTICE OF NO RESPONSE If not submitting a Proposal at this time, please detach this sheet from the RFQ documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S} CHECKED AND/OR INDICATED: _ Not responding due to workload issues _Not responding due to minimum qualifications requirements _Not responding due to scope of services _ Not responding due to project's size and/or complexity _OTHER. (Please specify)----------------- Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company being removed from the City's bid list. We do do not ___ want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title:--------------- Company: __________________________ _ Feedback The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including infomnation on requirements, timelines, and solicitation forms. 41 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES (;e /\~lANd BEACH 81 SECTION I • OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND The City of Miami Beach is issuing a Request for Qualifications for Citywide Demolition Services to meet the City's demolition needs on an as-needed basis. Contractors that are deemed as qualified pursuant to the minimum requirements set forth in this Solicitation shall be placed in a pool for as-needed services. As such, the City may, from time to time, issue Invitations to Quote (ITQ) to the pool of pre-qualified demolition contractors and shall be given an opportunity to quote future projects as they present themselves. Successful Contractors shall provide all labor, materials, equipment, supplies, insurance, fuels, permits, retirement of utilities and any other items necessary to complete the demolition work, the removal of demolition materials and disposal of materials and related work for these future projects. The City retains the right to utilize the resulting contracts in a manner that serves the best interests of the City. As such, the City may decide to utilize other procurement methods for future projects when applicable. This contract shall not serve as a guarantee of future work for those contractors deemed to be prequalified pursuant to this Solicitation process. B. SOLICITATION TIMETABLE The tentative schedule for this Solicitation is as follows: Solicitation Issued January 17, 2014 Pre-Proposal Meeting January 29, 2014@ 10:00 AM Deadline for Receipt of Questions February 7, 2014 Proposals Due January 19, 2014 Evaluation Committee Review TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations TBD C. PROPOSAL SUBMISSION DUE DATE An original and five (5} copies of complete Proposals, and one electronic copy (CD or fiash drive), must be received no later than 3:00p.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 RFQ number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFQ, 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. 51 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES BEACH 82 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 City 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 E. CONTACT INFORMATION Contact: Sandra M. Rico Telephone: 305-673-7000 ext 6230 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@miamibeachH.gov, no later than the date specified in the RFQ timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFQ 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 RFQ. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFQ or in any written addendum to this RFQ. 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 by the City Manager who may recommend to the City Commission the proposer(s) s/he deems to be in the best interest of the City 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 and 1) the Mayor and City Commissioners and their respective staff; or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members, is prohibited. 61 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES ~ /v\IA/V\1 BEACH 83 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. 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 RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any Proposals received as a result of this RFQ. 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 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). 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 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. 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, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 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. 7 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES e f,,\!/\/V\1 BEACH 84 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 (10%) 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 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. W. CONE OF SILENCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. X. DEBARMENT ORDINANCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). Y. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. 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. 81 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES @ !v\1.4/v\1 BEACH 85 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, at 305-673-7000, Extension 2984. 88. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anytlling of monetary value to any official, employee, or agent of the City, for the purpose of infiuencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. SECTION II-MINIMUM QUALIFICATIONS & REQUIREMENTS Proposers must submit evidence of all certifications and licenses requested with their proposal submittal or within three (3) days of written request by the City. 1. Firm must be a licensed General Contractor in the State of Florida. 2. Firm must possess a Miami-Dade County Demolition Certificate of Competency 3. Firm must have successfully completed at least three (3) projects of similar scope to the services being solicited, and each not less than $10,000.00 in volume. These projects must have been completed within the last five (5) years. At a minimum, the proposer must submit the following information for these projects for verification purposes: • Name of Client • Project title and Description • Point of Contact to include full name, phone number, and an email address • Volume of Project • Date of Completion SECTION Ill-SCOPE OF SERVICES The work required under this contract resulting from future Invitations to Quote {ITQ) is skilled demolition services, meeting the following minimum specifications. The future work shall consist of furnishing all labor, materials, permits, licenses, supervision, and equipment required to demolish a building or building structures and appurtenant, to include debris removal/disposal, dumping/lipping fees, and final site leveling/grading and grass seeding, as required. Appurtenant structures shall include all slabs, steps, porches, walkway slabs to main structure, fences, asphalt pavement parkways and driveways (including limerock base) and the like. Demolition described, shall include wood and/or concrete roofs, frame stucco, and I or concrete block walls, reinforced concrete columns, foundations, beams, windows, doors, floors, all rough plumbing and electrical conduit, and concrete walks. Demolition and removal of structures for future projects shall also include, but shall not be limited to the following activities, as applicable: • PERMITS: Permits that may be required by the City include but shall not be limited to the following: o Plumbing Permit o Building Permit: for both Residential and Commercial Property o DERM Permit o Asbestos Permit, as required • The contractor shall be responsible for contacting Utilities to retire the necessary utilities (natural gas, water, and/or electricity) prior to demolition. • Demolition and removal of structures shall include removal of the entire identified structure(s) in each subsequent Invitation to Quote (ITQ) and contents to the construction limits. • All concrete fioor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and underground improvements associated with the structure shall be removed as noted in subsequent ITQs. Where walks that are designated to be removed come into contact with the sidewalk that is to remain, the contractor shall make a saw cut prior to starting removal. Care should be taken to see that sidewalks are not broken due to the demolition, and any adjacent sidewalks that are broken during the demolition shall be presumed to be due to the contractor's operations. All such designated damages shall be totally replaced by the contractor at no cost to the City and all such costs shall be borne solely by the Contractor. The City shall approve any and all repairs to its satisfaction. • Fences shall remain, unless otherwise instructed to remove them. 91 RFQ 2014-0B?SR CITYWIDE DEMOLITION SERVICES (9 /v\1/cJv'd BEACH 86 • Cap all building sewer connections at existing wye locations. Requires a Plumbing permit • Develop an optional asbestos and lead paint abatement report, in compliance with Federal, State, and Local Laws and Codes. • Removal of Underground Storage Tanks: Septic Tanks/Grease Traps must be thoroughly pumped out, the bottom broken, and filled in or removed from the premises. Permits and inspection are to be obtained as required. • Sediment Control: The Contractor shall provide temporary erosion and sediment control on each respective property prior to the start of demolition operations for each project. Sediment control shall be maintained for the full duration of each project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs the Contractor shall take corrective action immediately. • Grade and Backfill: Grading, backfill, sodding, and return to grade shall be performed as follows: o All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum density of the backfill material used as determined by ASTM designation D-698. The top six (6) inches of backfill shall be made with soil suitable for growth of grass and graded to natural grade of surrounding undisturbed earth. o Final grading shall ensure adequate drainage offsite and not permit ponding of water. All filled and disturbed ground shall be smoothed for mowing. o The Contractor shall import clean fill as necessary to establish proper surface grades but the Contractor may cut and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved by the City's landscape Architect. • Site Vegetation: All shrubbery and trees are to remain and disruption of vegetation will only be allowed in the immediate vicinity of the demolition. • Discovery of Hazardous Materials: In the event previously unknown hazardous materials are discovered by the Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and immediately notify the City project manager. • Clean-Up: All demolition materials and debris shall be removed from the work concurrently with progress of work. Contractor shall not allow mud and debris from vehicle transporting demolition materials to litter any streets or highways. Contractor shall clean-up any such mud or debris at its sole expense. The City will vigorously enforce all requirements relating to clean-up of debris, dirt, mud, and demolition materials from the site and on streets, highways, and adjacent properties. Cleanup shall follow immediately after and at the same rate as construction. Cleanup shall not be delayed until entire project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the contractor in connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures, equipment, etc., shall be removed and the area left in a neat and presentable condition. If at any time during performance of work by Contractor the City's representative determines that cleanup is not being accomplished, the City's representative may direct, in writing, no additional work can be accomplished without meeting certain requirements. If so directed, no claim for additional time will be allowed. The contractor is to provide extra care during performance of work by Contractor to ensure that no rock, base stone, string, stakes, or any other construction material is left in the water main or irrigation lines. At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed to enter the water main or irrigation systems. • Storage: Storage of salvage materials for sale on the work site is prohibited. Signs advertising salvage materials shall not be placed at the work site. • Street Closures: The Contractor shall not close any street or divert any traffic without prior written approval of the City. The Contractor shall adhere to the State of Florida D.O.T.'s uniform manual on traffic control for construction and maintenance work zones. It will be the sole responsibility of the contractor to make him/herself and his/her employees fully aware of these provisions, especially those applicable to the use of barricades, cones, signage, etc., to provide a safe working environment. • Public Right-of-Ways: Any use of the public right-of-way adjacent to the work site shall be consistent with the provisions established by the Florida Building Code as provisions must be made for the safe conduct of pedestrians on or near the site(s) 10 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES BEACH 87 • Project Superintendent The contractor shall have a superintendent or a responsible foreman on the project at all times when work is in progress. • Power: All power for lighting, operation of the contractor's plant or equipment, or for any other use by the contractor, shall be provided by the contractor's sole cost and expense. • Sanitary Facilities: The contractor shall furnish, install, and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and Local Government Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. • Utilities: The contractor shall make every effort to locate and identify all underground pipe lines, cables, and conduits by contacting the One Call System and the owners of underground utilities, by prospecting or otherwise, in advance of trench or excavation operations. Certain pipelines, water mains, gas lines, and other existing underground and above ground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the information made available to the City. The City does not guarantee the accuracy or completeness of such information. Service connections for gas, water, telephone services, sewers, underground electric and lines, and possibly other utilities are not shown on the plans. Any conflict with these utilities or any other utility not specified, as a pay item will be the responsibility of the contractor. The contractor will be required to relocate the utility or work around it at no cost to the City. It will be the responsibility of the contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation. Any delay or extra cost to the contractor caused by utility, pipe line, or other underground structures or obstructions not shown on the plans or found in different locations than those indicated shall not constitute a claim for additional work, additional payment, or damages. The contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the underground or above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any and all claims or judgments whenever made as a result of the contractor's actions. If additional or unexpected utility conflicts occur, the contractor shall be responsible for coordinating with the affected utility company to resolve the conflict and maintain progress on the project. No time extensions will be granted for associated delays. • Safety Precautions: The contractor shall maintain and enforce all necessary and adequate safety precautions for the protection of life and property on all work pertormed under the provisions of subsequent Invitations to Quote. The contractor shall also comply with all regulatory agencies requirements for safety. The contractor shall use extreme caution to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project area. Barricades. safety screening, or other acceptable methods shall be used as needed to keep the public out of danger and to safely divert them around the project area. The contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall be observed. The contractor shall take or cause to be taken such safety and health measures, additional to those herein required, as the contractor may deem necessary or desirable. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. The contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. The contractor shall promptly furnish the Local Public Agency with reports concerning these matters. The contractor shall indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. • Explosives: The use of explosives will not be permitted under the contract. • Final Inspection: Inspection by Department of Building Development Services for Final Inspection shall be requested by contractor within ten (10) days of completion of demolition of each separate site. Inspection to finalize demolition permit MUST be requested by Contractor upon completion of demolition and site clean·up. • Emergencies: Proposers shall be able to mobilize within 24 hours if requested by the city. 11 I RFQ 2014-.Q87SR CITYWIDE DEMOLITION SERVICES ~ MLAtv\1 BEACH 88 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 Tab 1.1: Cover Page and Table of Contents Tab 1.2: Executive Summary. Provide a brief summary of no more than two pages describing the basic services offered, experience and qualifications of the Proposer, staff, sub Proposers or sub consultants and any other relevant information. Tab 1.3: Provide a response to each of the requirements in Section II-Minimum Qualifications & Requirements. 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 or the inability or denial expressed in a proposal to offer solutions or an explanation to the requirements of this section may result in proposal rejection or in deductions of the allocation of points by Evaluation Committee members under the evaluation criteria. Proposals not deemed to be in compliance with the minimum qualification requirements by the Evaluation Committee shall not be further considered. TAB2 • erience & Qualifications Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in providing the services detailed herein. Tab 2.1: Firm History & Prior Experience: Submit detailed information regarding the firm's history and relevant experience, including but not limited to: • Documentable, proven track record of providing the scope of services similar as identified in this solicitation. • Experience in providing similar scope of services to public sector agencies Tab 2.2: Qualifications of Proposer Team: Provide an organizational chart of all personnel and consultants to be used for this project 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. Tab 2.3: Financial Capacity: DUN & BRADSTREET 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 :/fsu ppl ierportal .d nb.com/webapp/wcs/stores/servlet/Su ppl i erPortal? storeld= 11696 In addition to the SQR, the City reserves the right to require additional information to determine financial capability including latest annual reviewed/audited financial statements with the auditor's notes for each of their last two complete fiscal years within ten (1 0) 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 team member involved in the co-venture must submit financial statements as indicated above. Tab 2.4: Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. TAB3 " roach and Methodolo Tab 3.1: Proposer shall clearly address how they will comply with the requirements of this RFQ, including those requirements noted in Section Ill -Scope of Services. Tab 3.2: Submit detailed information on approach and methodology to project implementation, project timeline, and any other factor that may impact the successful completion of each project that may result. Tab 3.3: Submit a detailed Customer Service Plan including how the Proposer deals with emergency requests. 121 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES BEACH 89 SECTION V-EVALUATION I SELECTION PROCESS 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in this Solicitation. If further information is desired, Proposers may be requested to make additional written submissions and/or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process. 2. 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). 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 Miami Beach-Based Vendor Veterans and State-Certified Service-Disabled Veteran Business Enterprises 10 5 5 TOTAL AVAILABLE STEP 2 POINTS 20 D&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 preparalion 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://supplierportal.d nb.com/webapp/wcs/stores/servlet/Su ppli erPortal ?storeld"'11696 In addition to the 0&8 information, the City may require proposers shall submit financial statements for each of their last two complete fiscal years within ten (1 0) 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 be developed in accordance with the following formula: 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) 0 131 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES e tv\iA.MiBEACH 90 Method of Award. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to ran kings in accordance with the example below: Proposer A Proposer B Proposer C 80 12 92 2 72 12 66 12 78 3 _ Low Aggregate Score 3 7 _ _ 8 Final Ranking** 1 2 3 • Step 2 Points calculated by Department of Procurement Management. ** 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. Balance of Page Intentionally Left Blank 14 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 91 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 3R° 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. 151 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES (9 !v~I,Lf!\1 BEACH 92 SECTION VII -GENERAL CONDITIONS 1. 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 of 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 offer(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 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 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a fimn. 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 tile provision of equal benefits to employees with domestic partner who do not 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 personnel, residents, industry experts and other individuals whose purpose is to evaluate the proposals received in response to this RFQ and who may make a non-binding recommendaUon 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. 0. Successful Proposer -shall mean the Proposer (s) recommended for award. 161 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 93 p. q. L s. 3. 4. 5. 6. 7. 8. 9. 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 detemnined by the City, on the basis of the following criteria: • Whether the proposer can perform the contract within the lime specified, witllout 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 -!:J 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 tile 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: \\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. Proposers 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 1n aocordance 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 praposal(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 resultin 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 U.L for the item(s) offered and furnished. 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. EQUIVALENTS. If a proposer offers makes of equipment or brands of <e MIP.Jv\! BEACH 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 manufacturers 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 nnarlled to indicate detailed confonmance 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 solicitaUon that before, during, and after a public emergency, disaster, hurricane, tornado. fiood. 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 detenmined 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 priority" under the emergency conditions noted above. 14. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not confonming to specifications, may be rejected and returned at the proposer 's expense. These items, as well as items not deliverBd 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 violaUon 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 infomnation, 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 rBtumed 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 mdicated, 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 nomnal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours arB Monday through Friday, excluding holidays, from 8:30A.M. to 5:00 P.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 171 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 94 Drive, Miami Beach, FL 33139.or facsimile: 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 for 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 negligence 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 defecl, and properly invoiced. 23. DISPUTES. In case of any doubt or difference of opinion as to Une items and/or services (as the case may be) to be furnished hereunder. lhe 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 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 tor. or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in Une perfomnance 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 1n the work. 26. OSHA. The proposer warrants to the City that any work, services. 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 brBach of contract. Any fines levied because of inadequacies to comply with this cond~ion shall be bome solely by the proposer. 27. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and oblgations 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 currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, aulhorizations, or certifications required by applicable laws or regulations in full force and effect during the tenm 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 Tenms and Conditions shall have precedence. G MIAMI BEACH 29. ANTI-DISCRIMINATION. ne proposer certifies that he/she is in compliance with the non-{liscnmination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons withoul regard to race, color. religion. sex or national origin. 30. AMERICAN WITH DISABILITIES ACT. To request lhis material in accessible format. sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participale in any city-sponsored proceeding, please contact 305-€04-2489 (voice}, 305-€73-7524 {fax} or 305-€73-7218 {TTY) five days in advance Ia 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 City of Miami Beach property to deliver materials or perform work or services as a result of the Proposal, the proposer will assume the 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 lhe 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 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 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 City, 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 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 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 Conditions. Special Conditions and/or Technical Specifications contained in this 11 must file a notice of protest in writing to the Procurement Director, with a copy to the City Clerk, at least ten (1 0) 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 h1s or her designee anytime until two (2) business days following the release of the City Manage~s written recommendation to the City Commission, as same is set forth and 18 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 95 released in the City Commission agenda packet. for award of the proposal in question in accondance with City of Miami Beach Ordinance No. 2002- 3344, which establishes procedures for proposal prolests and which can be found on the Procurement website. Failure to file a timely notice ol protest will constitute a waiver of proceedings. 39. CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS: If a proposer is in doubt as to lhe 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 clarifica~on(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 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 explanabons, 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-awand inspection of the proposer 's facility may be made prior to the award of contract 45. Proposals will only be considered from fimns which are regularly engaged in the business of providing the goods and/or services as described in lhis Proposal. 46. Proposers must be able to demonstrate a good record of pertormance for a reasonable period of time. and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily pertorm 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 praclices 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 source of supply. In these instances. the City may also require material infonnation from the source of supply regard1ng the quality, packaging, and characteristics of the products lo be supply to the City. Any material confiicts between infonmation 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 i~ force, review the successful proposer 's record of performance to ensure that lhe proposer is continuing to provide sufficient financial support. equipment. and organization as prescribed in this proposal. Irrespective of the proposer 's performance on oontracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures 1f the C1ty 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. ~ lv'\Lt:.JVd BEACH 51. DETERMINATION OF AWARD. Unless otherwise stated 1n the Special Conditions, The City Commission shall award the pruposal to the lowest and best proposer . In detenmining 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 pruposer 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 aorporation, without the prior written aonsent of the City. 53. LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses. penmits, 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-profrt 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. It 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 the 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 1n 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 pruvided. are for City guidance only. No guarantee is e~pressed 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 or proposals. "Related parties' means proposers or the principals thereof which have a direct or indirect ownership interest in another pruposer 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 pruposer for the same contract. Pruposal 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 proposalding may be tenminated 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. 191 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 96 65. REASONABLE ACCOMMODATION. In accordance with Ti~e II of the Americans with Disabilities Act, any person requiring an accommodation at the Proposal opening because of a disability must contact the Prucurement 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 punpose 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 pruposer . after such acceptance. the City may procure the items or services from ather sources and hold the pruposer responsible for any excess cost occasioned or incurred thereby. 68. TIE PROPOSALS. In accordance with Flolida 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 fonm 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 lie 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 Pruposal and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remain1ng to be perfonmed by giving written notice to the proposer of such termination, which shall become effective upon receipt by the proposer of the written tenmination notice. 71. In that event, the City shall compensate the successful proposer in accordance with the tenm of the contract for all work and/or services satisfactorily perfonmed 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 rel1eved 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 detenmined. 73. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to tenmination 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 tenminate the contract for cause in accordance with this subsection 1.57. 74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, tenminate 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 tenminated by the City as provided in this subsection, the City shall compensate the successful pruposer in accordance 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 profits that tp l'J\Lii,;Vd BEACH the successful proposer expected to earn on the balanced of the ccntract. 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 instnumentalities from any and all liability, losses or damages, including attorney's fees and ccsts of defense, which the City or its officers, employees, agen~ 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 subccntractors. 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, judgmen~. and attomey's fees which may be incurred thereon. The successful Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Proposer shall 1n 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. 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. 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 and letters of withdrawal received after contract award will NOT be considered. 78. EXCEPTIONS TO PROPOSAL Proposer s are strongly encouraged to 20 I RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 97 thoroughly review the specifications and all ccnditions set forth in this Proposal. Proposers who fail to satisfy the requirements in this Proposal, may be deemed non-responsive and receive no further ccnsideration. Should your proposed proposal not be able to meet one (1) or more of the requirements set forth in 1tlis Proposal and you are 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 hereby 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 ccmpliance 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 perfonm the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the reccrds 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 reccrds and transfer, at no ccst, to the public agency all public reccrds in possession of the ccntractor upon tenmination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public reccrds disclosure requirements. All records stored electronically must be provided to the public agency in a !annat that is compatible with the information technology systems of the public agency. BEACH APPENDIX A Proposal Certification, Questionnaire & Requirements Affidavit RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1 700 Convention Center Drive Miami Beach, Florida 33139 98 Solicitation No: 2014-0S?SR Solicitation Title: Citywide Demolition Services Procurement Contact: Telephone Number: Sandra M. Rico (305) 673-7000 X 6230 I E-mail Address: srico@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: I No of Years in Business Locally: I No. of Employees: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. 221 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES (9 lv\1;\Mi BEACH 99 2. Miami Beach Based (Local) Vendor. Is proposer a Miami Beach based firm? 3. c=J 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. Proposer shall submit at least three (J) references for wl:!om tl:!e proposer l:!as completeEl work similar in size an~ nature as tl:!o work roforoneoEl in solieitation. /\dditienally, Pro~eser she~:~ld provide reference with the Contraetor Client 19Hrvey ~roviEleEl as an attachment to tl:!e solicitation, aRE! request ll:!at your reference sutJmit the com~leted survey to directly to tl:!e centracting officer named in the solicitation. In order to be considered, surveys must be sent to the Procurement Di•Jision directly by the reference. ,A, minimt:Jm of three (J) references are rel:JuireEl. THIS SECTION IS SUPERCEDED BY REFERENCE REQUIREMENTS ESTABLISHED IN SECTION Ill. SUBMITTAL REQUIREMENT: Proposer sl:!all st:Jbmit a minimum ef three (J) referenees, including the fellewing information: 1) F"irm Name, 2) Contact lnElividHal Name & Title, J) AElElress, 4) Telepl:!one, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Additionally, each reference sheuld submit Centracter Client Survey inel~:~ded in the solicitation directly to the Citv. Proposer may st:Jbmit aElditional FOferences and ask ll:!at additional references submit client surveys as ap~lieable. 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to nonjperfor~ance by any public sector agency? c=J YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 231 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 100 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to lime, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement!. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005- 3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? c=J YES [=:J NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners• or to domestic partners of employees? c=J YES c::J NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health -- Sick Leave --- Family Medical Leave Bereavement Leave 241 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES (.e :V\!A.fv\i BEACH 101 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.miamibeachfi.gov/procurement/. 12. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from lime to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided ins. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's a-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm lniUal to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 . . If add111onal confirmation of addendum 1s required, submit under separate cover . 251 RFQ 2014-0B?SR CITYWIDE DEMOLITION SERVICES 102 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 RFQ, 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 RFQ, 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 RFO are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFQ is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investlgation 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 RFQ, 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 RFQ, 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 RFQ, 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. 261 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 103 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this ITN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the I TN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA On this ~day of , 20_, personally appeared before me who County of stated that (s)he is the of _____ , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of __ _ My Commission Expires: ______ _ 271 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 104 APPENDIX B MIAMI BEACH Sample Contract and Related Terms and Conditions & Forms RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 281 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 105 NOTE: THE SAMPLE CONTRACT, TERMS AND CONDITIONS ARE BEING REVIEWED AND FINALIZED WITH THE LEGAL DEPARTMENT. 291 RFQ 2014-087SR CITYWIDE DEMOLITION SERVICES 106 BEACH COMMISSION ITEM SUMMARY Condensed Title: REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTINE OPERATIONAL REQUIREMENTS K~lntended Outcome Supported: Strengthen Internal Controls; Maximize Efficient Delivery of Services Supporting Data (Surveys, Environmental Scan, etc.}: Item Summary/Recommendation: As is customary, many of the City's agreements resulting from competitive solicitations include renewal clauses that allow for the extension of contract terms for a certain number of renewal periods beyond the original contract term, as may be stipulated in the solicitation or resulting contract. The renewal periods allow the City to continue to acquire the necessary goods and services from reputable contractors at prices established through competitive solicitations. In its due diligence process for consideration of contract renewal options, the Administration has considered: cost considerations, including any increases to the CPI-U index by the Bureau of Labor Statistics indicating changes in the supply market pricing conditions, contractor performance and risk management considerations (e.g., insurance and bonds, as applicable). Additionally, the contract renewals are applicable to the contract period only and do not alter other terms and conditions of the contract or the scope of the procurement. Any changes to the scope of the original contract shall be presented under a separate item individually or require a new procurement process altogether. The purpose of this item is to request authority to renew the competitively solicited contracts for routine operational listed herein. The justification for renewing each is included with the contract information. RECOMMENDATION The Administration recommends that the Mayor and City Commission approve the extension of contract for routine operational requirements, awarded through competitive solicitations, with Control Communications, Inc. Advisory Board Recommendation: Financial Information· Source of Amount Account Funds: 1 See below. See below. c 2 .-.. ·-··-- 3 OBPI Total Financial Impact Summary: Various budget codes are contained in the referenced contract expenditures. All expenditures are contingent upon approved budgeted funds being available. City Clerk's Office Legislative Tracking: MIAMI BEACH 107 Manager AGENDA ITEM C!.,;(£ DATE /-a-I (( MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMIS ION MEMORANDUM TO: FROM: Jimmy L Morales City Manager n--z:::::=~~ ---- DATE: January 15, 2014 SUBJECT: REQUEST APPROVAL T EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTI E OPERATIONAL REQUIREMENTS ADMINISTRATION RECOMMENDATION Approve the recommendation. BACKGROUND As is customary, many of the City's agreements resulting from competitive solicitations include renewal clauses that allow for the extension of contract terms for a certain number of renewal periods beyond the original contract term, as may be stipulated in the solicitation or resulting contract. The renewal periods allow the City to continue to acquire the necessary goods and services from reputable contractors at prices established through competitive solicitations. In its due diligence process for consideration of contract renewal options, the Administration has considered: cost considerations, including any increases to the CPI-U index by the Bureau of Labor Statistics indicating changes in the supply market pricing conditions, contractor performance and risk management considerations (e.g., insurance and bonds, as applicable). Additionally, the contract renewals are applicable to the contract period only and do not alter other terms and conditions of the contract or the scope of the procurement. Any changes to the scope of the original contract shall be presented under a separate item individually or require a new procurement process altogether. The purpose of this item is to request authority to renew the competitively solicited contracts for routine operational requirements listed herein. The justification for renewing each is included with the contract information. • ""'' "'' ono on ono on"-""'''-"-""'""'"'n'"n"n•-•-• ono ono no-no-~ -onO ,, • o•· '"' ~·-~· ~·-0 o-•-• •••• -•• ; Contract Number: ! Renewal Period: . ITB-52-09/1 0 ......... -------··· -·-·---... ···--........... -·-·-·· ___ j ?/1§/?Q11throygh.2/16/201 ? ... . : Title: : j='_u_rchase And I nstallati()fl_ Qf .fir~ §.t.§ti().~. A.1~.r::!i.~.9 .$Y~!~t:n~- • Contractor: ''"""'""'""'""'""""-···~···-···-···-···"'""""'-...................... -...................... ,_,_,_,,,, ... ,.,_, ........................ j :_.9_Q~!r.9.1_.9.()!:l:IQ:I~~.i~9.~!g~-~-~-.1-~~=·-·---. ------------------- ; Brief Scope: ; The contract was awarded for the purchase, installation and maintenance of alerting systems for . : the City's four (4) fire stations and one {1) dispatch system at the Police Department. The ' , alerting system is the system that notifies the Fire Department units of a call for service that is : being dispatched from the Public Safety Communications Unit (PSCU). It consists of alerting : tones, bells, strobe lights and loud speakers throughout the four fire stations and the Fire Shop · : .. t.~?.!.?.~!.iY?.~~.YYhE?r1_r:I ~r:IU.fqr.~~ryig~ is disp~:~tc;hE?9: . __ ................................... _ ····--··········---·w···-···········-·-·-· ·-·--- : Best Interest Justification: : The City's Fire Rescue Department is working with the contractor to resolve technical issues : with the contractor's services related to the ongoing maintenance of the installed alerting i system. While the Fire Department is not fully satisfied with the current performance of the : alerting system, the issues are not solely related to the vendor's performance, but are impacted i_~Y:_!-~.~ ... ~~~.9-t.q.i~t~_rf?.g.~ th_E?_?.IE:lrtin_g .... ~Y~_tE:lrn_~ltb __ tb_~ .. City's computer~aided dispatc~ sx::;tem . 108 City of Miami Beach-Commission Memorandum 12 Contract Renewals for Routine Operational Requirements --maintalned-by a separate vendor. The current contract .. w.ith .. Co.ntroi.Commun.ica"fi.ons-re·q-uires ! that the vendor be provided time to address the current issues which have been significantly . • improved since official notice was given in writing to Control Communications. The Fire and Information Technology Departments are confident that the performance of the alerting system will be optimized and are recommending renewal of the maintenance system. Based on the , aforementioned the departments recommend that it is in the City's best interest to approve the ' · ~~~~~?I t~E~ ... 9f..!b~ ... C::C?r:'!rt:Jt::! tbr()~gh Fe~rlj9ry 16, 2.9.1§.:.... . . ............ ....... ......... ·········--··-· CONCLUSION The Administration recommends that the Mayor and City Commission approve the extension of contract for routine operational requirements, awarded through competitive solicitations, with Control Communications, Inc. JLM I KGB I AD T:\AGENDA\2014\January\Procurement\January 15 Contract Renewal Memo.docx 109 THIS PAGE INTENTIONALLY LEFT BLANK 110 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid (ITS) No.171-2013-TC, for the Pia round Fence at South Pointe Park. Key Intended Outcome Supported: Ensure well-maintained facilities Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or "good." Issue: I Shall the City Commission award the contract? Item Summary/Recommendation: The scope of work for this project consists of supplying and installing a 364 LF, 4-foot high aluminum fence with 3" diameter IPE hardwood top rail and E.N. plated aluminum 2" mesh panels in a 2"x 5/8" aluminum frame with two (2) ADA compliant 5'foot wide entry gates. Fencing must comply with current ASTM Standard #F2049-11 for playground fencing and must match the fence at the South Pointe Park Pier, however, height and mesh spacing may be changed in order to meet the safety standards. To achieve the desired scope, Invitation to Bid (ITB) 171-2013TC was issued on May 22, 2013, with an opening date of June 13, 2013. Bids were received from the following three (3) firms: • Guaranteed Fence Corp. • Mena Construction, Inc. • Tequesta Construction Services Group, Inc. After review of the bids received, Guaranteed Fence Corp. was deemed the lowest responsive, responsible bidder at a cost of $89,995. RECOMMENDATION The Administration recommends the award of the contract to Guaranteed Fence Corp., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 171-2013TC, for the playground fence at South Pointe Park, in the amount of $89,995; plus approve a project contingency of 10% for a not-to-exceed grand total of $98,995; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. Advisor Board Recommendation: On December 3, 2013, the Design Review Board (DRS) approved the design for the installation of the new fence. Financial Information: Source of Amount Funds: 1 $90,995 ~ofo~ 2 $8,000 Total $98,995 Financial Impact Summary: N/A MIAMI BEACH Account 389-2754-069357 (construction) 389-2754-000356 (contingency) 111 AGENDA ITEM DATE C;;J.F 1-IGLlj .· MIAMI BEACH City of Miami Beac:h, 1700 Conven!ion Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 171-013TC, FOR THE PLAYGROUND FENCE AT SOUTH POINTE PARK. ADMINISTRATION RECOMMENDATION Approve the award of contract KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $90,995 389-2754-069357 (Construction) $8,000 389-2754-000356 (Contingencies) -----:--'----'---- $98,995 Total BACKGROUND The playground, which is located in the northeastern quadrant of the park, is bordered to the east by the community building/concession facility, the elevated sidewalk to the north and west, and a busy pathway to the south. Due to its proximity and use of this sidewalk by bicyclists, Segway riders, rollerblade skaters, joggers, pedestrians walking dogs, etc., residents have expressed safety concerns. At the time the South Pointe Park design was being developed, a fence around the playground area was never requested or discussed by the City, the designers, the community, or the Design Review Board. The South Pointe Park Basis of Design Report (BOOR) makes no mention of fencing requirements as well. The BOOR does include the minutes of two community design workshops where the only community comments associated with the playground regarded the provision of shade and the cost of the playground. The playground, as presented in the South Pointe BOOR, did not include a fence; however, the seating and tables were built into the design for the playground area to provide for a safe and clearly defined environment for the children with integrated areas for parents to closely supervise their play. Based on a preliminary discussion with the Planning Department about the concept of the placement of a fence, they have confirmed that Design Review Board approval would be required. Further, any proposed fence design would be expected to be reflective of and compliment the other similar design elements (such as the handrails) in the park, including the use of similar materials, which is stainless steel. 112 .. Commission Memorandum-ITB 171-2013TC-Playground Fence at South Pointe Park July 17, 2013 Page 2 During the 2010 community meetings, several parents requested that a fence be installed as part of the new playground. However, no funding had been identified at that time for a fence, and in an effort to replace the existing playground equipment as expeditiously as possible; the project proceeded without a fence. Following the December 16, 2010, community meeting, the City received a letter from the South of Fifth Residents indicating their support for the installation of a fence around the playground. On November 2011, South Pointe Park had a new playground, shade system, and safety surface installed. This playground replaced the original playground installed during the construction of South Pointe Park due to problems with quality and safety. The City remains in litigation on that matter. The replacement cost for the playground equipment, safety surface and shade system was $275,000. On December 3, 2013, the Design Review Board (ORB) approved the design for the installation of the new fence. SCOPE OF SERVICES The work consists of supplying and installing a 364 LF, 4-foot high aluminum fence with 3" diameter IPE hardwood top rail and E.N. plated aluminum 2" mesh panels in a 2"x 5/8" aluminum frame with two (2) ADA compliant 5'foot wide entry gates. Fencing must comply with current ASTM Standard #F2049-11 for playground fencing and must match the fence at the South Pointe Park Pier, however, height and mesh spacing may be changed in order to meet the safety standards. ITB PROCESS Invitation to Bid {ITB) 171-2013TC was issued on May 22, 2013, with an opening date of June 13, 2013. The pre-bid conference was held on May 30, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Bidnet issued bid notices to 31 and 53 prospective bidders respectively of which 9 and 6 accessed the advertised solicitation respectively. In addition, 71 vendors were notified via email, which resulted in the receipt of the following three (3) bids: • Guaranteed Fence Corp. • Mena Construction, Inc. • Tequesta Construction Services Group, Inc. $89,995 $159,499.96 $159,667.00 Following the review of each bid received, Guaranteed Fence Corp. was deemed the lowest responsive, responsible bidder. Mena Construction, Inc. and Tequesta Construction Services Group, Inc., the second and third highest bidders were deemed nonresponsive for failing to submit omitted information that was requested by the Procurement Division within the stated deadlines. Founded in 2003, Guaranteed Fence Corp. is a licensed general contractor specializing in the production and installation of fencing products that also possess extensive knowledge and field experience throughout South Florida. Notable clients include the Miami-Dade Expressway Authority, Florida Department of Transportation, and the Cities of Hialeah, Miami Beach, and Pembroke Pines. 113 Commission Memorandum -/TB 171-2013TC-Playground Fence at South Pointe Park July 17, 2013 Page 3 CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. As a result, the City Manager recommends to the Mayor and City Commission to award the construction contract to Guaranteed Fence Corp. as the lowest responsive, responsible bidder and authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. CONCLUSION The Administration recommends the award of the contract to Guaranteed Fence Corp., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 171-2013TC, for the playground fence at South Pointe Park, in the amount of $89,995; plus approve a project contingency of 10% for a not-to-exceed grand total of $98,995; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said pram. JLM/MTtfcU/JRIAD T:\AGENDA\2013\July 17\Procurement\ITB 171-2013TC-South Pointe Park Fence-MEMO.docx 114 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 373-2013 For The Purchase Of Pol mer Water Meter Boxes And Covers. Key Intended Outcome Supported: Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): Issue: I Shall the City Commission approve the award of Contracts? Item Summary/Recommendation: The purpose of this item is to approve contracts for the purchase of polymer meter boxes and covers for the Public Works Department of the City of Miami Beach (the "City) pursuant to ITB 2013-373-MF. The polymer boxes and covers are needed to house and protect the water meters installed around the City's streets, sidewalks, and alleys, as well as private properties, and provide easy access for meter reading to Public Works personnel. 32 vendors were notified of the solicitation, with 15 vendors downloading the solicitation. Four (4) responses were received in response to the solicitation. After review of responses received, it is recommended that Ferguson Enterprises, Inc., the lowest responsive, responsible bidder be awarded the contract as the primary vendor and Fortiline, Inc., the second lowest responsive, responsible bidder be awarded the contract as the secondary vendor. RECOMMENDATION Award contract to Ferguson Enterprises, Inc., the lowest bidder, as primary vendor, and Fortiline, Inc., the second lowest bidder, as secondary vendor, for an initial term of three years, with three one-year optional renewals, as stipulated in the ITB. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 $15,000 Public Works Meter Services Account No. 425-0410- 000680 ~ 2 3 OBPI Total $15,000 Financial Impact Summary: The amount budgeted for Fiscal Year 2014 is $15,000. Future year expenditures will be based on approved budgeted amounts. Ci Clerk's Office Le islative Trackin Alex Denis, Director Ext# 6641 MIAMI BEACH 115 AGENDA ITEM DATE r e. ;;l G- 1-ll-/V MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION M MORANDUM TO: Mayor Philip Levine and Members of FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWAR CONTRACTS PURSUANT TO INVITATION TO BID (ITB) NO. 2013-373-MF FOR THE PUR HASE OF POLYMER WATER METER BOXES AND COVERS ADMINISTRATION RECOMMENDATION Approve the award of contracts. KEY INTENDED OUTCOME Maintain City's Infrastructure. FUNDING The amount budgeted for the purchase of polymer water meters boxes and covers for Fiscal Year 2014 is $15,000. Total contract amount is estimated at $45,000 for an initial term of three (3) years. Funding in the amount required will be provided from the following account: $15,000-Public Works Meter Services Account No. 425-0410-000680 Additional funding may be required due to increased need of services, subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). ANALYSIS The purpose of Invitation to Bid (ITB) No. 2013-373-MF was to establish a contract, by means of sealed bids, with a qualified firm(s), for the purchase and delivery of various sizes of polymer meter boxes and covers for the Public Works Department of the City of Miami Beach (the "City), on an as needed basis. The polymer boxes and covers are needed to house and protect the water meters installed around the City's streets, sidewalks, and alleys, as well as private properties, and provide easy access for meter reading to Public Works personnel. The contract(s) entered into with the successful bidder(s) shall remain in effect for three (3) years. The price offered by the Bidder in its Bid Proposal shall be fixed for the original three (3) year term of agreement. The City, through its City Manager, shall have the option to renew this contract for an additional three (3) one-year periods on a year-to-year basis. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the applicable CPI- U index. 116 ITB 2013-373-MF-Polymer Water Meter Boxes and Covers January 15, 2014 BID PROCESS Invitation to Bid (ITB) No. 2013-373, was issued on October 2, 2013 with a bid opening date of October 29, 2013. One (1) addendum was issued to provide additional information and to respond to questions submitted by the prospective bidders. Public Purchase issued bid notices to 32 prospective bidders, and a total of 15 companies downloaded the document. The notices resulted in the receipt of four (4) bids from the following companies: 1. Ferguson Enterprises, Inc. 2. Fortiline, Inc. 3. A&B Pipe and Supply, Inc. 4. HD Supply Waterworks, Ltd. The following table shows a summary of the results. A detailed tabulation is included in Appendix A. Company Name Total Bid Amount* Ferguson Enterprises, Inc. $77,897.50 Fortiline, Inc. $78,195.00 A&B Pipe and Supply, Inc. $89,128.20 HD Supply Waterworks, Ltd. $91,902.50 *Note: The bid amount is tabulated on the estimated quantities over the contract term indicated in the ITS by the requesting department. The current amount budgeted for Fiscal Year 2014 is $15,000. Future year expenditures will be based on approved budgeted amounts. Award is being recommended to Ferguson Enterprises, Inc., the lowest bidder, as primary vendor, and Fortiline, Inc., the second lowest bidder, as secondary vendor. Ferguson Enterprises. Inc. Ferguson is a distributor of residential and commercial plumbing supplies and underground water supplies, including Hubbel products and CDR below ground meter boxes specified by the ITB document. Their clients include the cities of Boca Raton, Sunrise, and Plantation, and Broward County among others. Fortiline, Inc. Fortiline, Inc., formerly Mainline Supply Co., is a wholesale underground utility supply company that has been in business for 16 years. Fortiline, Inc. has 34 branches in ten states, including a warehouse in West Palm Beach. They are an authorized distributor of Hubbel products, including the CDR polymer meter boxes and boxes specified by the ITB document. Their clients include City of Deerfield Beach, Broward County Utilities and City of Boynton Beach among others. CONCLUSION: Based on the aforementioned, the Administration recommends that the Mayor and City Commission award contracts to Ferguson Enterprises, Inc. as primary vendor, and Fortiline, Inc., as secondary vendor, pursuant to Invitation to bid (ITB) No. 2013-373-MF in the annual estimated amount of $15,000, for a total of $45,000 for a three year contract term. T:\AGENDA\2014\.Ianuary\ITB 373-2013 Purchase of Water Meters Boxes and Covers MEMO.doc 117 ~ ~ 00 Item 1 2 3 4 5 6 7 8 9 10 APPENDIX "A" -ITB 2013-373-MF TABULATED RESULTS FERGUSON ENTERPRISES INC. Description Qty UIM Unit cost Total Clean out sewer box traffic rated, CDR P/N WB04-1 015-H20 or equal 100 each $45.00 $4,500.00 Soild cover to read "sewer' bolt down, CDR PIN WC00-1 015-02-45Lps or equal 50 each $27.75 $1,387.50 Meter box, flared wall CDR PIN WB00-1118-12 or equal 250 each $39.00 $9,750.00 Solid cover, to read " water" CDR P/N WCOO-1118-02 or equal 325 each $25.00 $8,125.00 Meter Box, Flared wall CDR PIN WB00-1324-12 JH-20) or equal 150 each $64.40 $9,660.00 Meter Box, Flared wall CDR P/N WB00-1324-12 (H-20) or equal 225 each $35.60 $8,010.00 Meter Box, Flared Wall CDR P/N WB00-1730-12 or equal 200 each $79.00 $15,800.00 Solid cover, to read " water" CDR PIN WCOO-1730-02 or equal 275 each $53.40 $14,685.00 Meter Box, Flared Wall CDR P/N WB20-2436-18 or equal 10 each $265.00 $2,650.00 Soild Cover to read "Water" CDR P/N WC02-2436-03 or equal 15 each $222.00 $3,330.00 BID TOTAL -$77,897.§0_ FORTILINE INC. A&BPIPE HDSUPPLY WATERWORKS, LTD Unit Cost Total Unit Cost Total Unit Cost Total $46.00 $4,600.00 $38.61 $3,861.00 $46.90 $4,690.00 $29.90 $1,495.00 $20.00 $1,000.00 $31.45 $1,572.50 $39.00 $9,750.00 $43.35 $10,837.50 $42.20 $10,550.00 $26.00 $8,450.00 $25.74 $8,365.50 $31.75 $10,318.75 $63.90 $9,585.00 $66.32 $9,948.00 $74.00 $11 '100.00 $36.00 $8,100.00 $48.77 $10,973.25 $51.25 $11,531.25 $78.00 $15,600.00 $87.54 $17,508.00 $92.50 $18,500.00 $53.00 $14,575.00 $78.92 $21,703.00 $64.00 $17,600.00 $268.00 $2,680.00 $330.25 $3,302.50 $286.00 $2,860.00 $224.00 $3,360.00 $108.63 $1,629.45 $212.00 $3,180.00 $78,195.00 $89,128.20 $91,902.50 ------ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: REFERRAL TO THE PLANNING PROPOSED AMENDMENT TO T E LAND DEVELOPMENT REGULATIONS TO CREATE A CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) ORDINANCE ADMINISTRATION RECOMMENDATION Refer an Ordinance Amendment to the Planning Board for consideration and recommendation. BACKGROUND Over the last year, Neighborhood Resource Officers from the Police Department have begun to implement Crime Prevention Through Environmental Design (CPTED) principles in Public Projects, as well as in the North Beach area. A certified CPTED officer from the City's Police Department recently held a workshop with planning Department staff regarding the incorporation of CPTED principles into the Development Review Process for public and private development. ANALYSIS The Administration believes that it would be worthwhile to develop a CPTED Ordinance as part of the. Land Development Regulations (LOR's). Planning Department staff would take the lead in drafting the Ordinance, in consultation with the Police Department. The first step in this process would be to refer an Ordinance Amendment to the Planning Board for consideration. CONCLUSION The Administration recommends that the Mayor and the City Commission refer an Ordinance Ame~t to the Planning Board for consideration and recommendation. JLMtJMJtGL/TRM T:\AGENDA\2014\January\Referralto Planning Board-CPTED Ordinance.docx 120 Agenda Item C. f/ /1 Date /-IS: IV THIS PAGE INTENTIONALLY LEFT BLANK 121 tn MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochll.gov COMMISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: REFERRAL TO THE NEIGHBOR COD/COMMUNITY AFFAIRS COMMITTEE A REQUEST FROM THE NORTH BAY VILLAGE MAYOR TO DISCUSS NORTH BAY VILLAGE RESIDENTS' USE OF THE NORMANDY ISLE FACILITY. ADMINISTRATION RECOMMENDATION Refer the request to NCAC. BACKGROUND See the attached letter of request from Mayor Connie Leon-Kreps of North Bay Village to Mark Taxis, Assistant City Manager, to discuss the Village's use of the Normandy Isle Facility. rt- JLM/JMT/JR T:\AGENDA\2014\January15\Referral to NCAC North Bay Village use of Normandy Isle-MEMO.docx Agenda Item 122 Date CCfB 1-/S""--IY North Bay Village Administrative Offices 1666 Kennedy Causeway, Suite 300 North Bay Village, FL 33141 Tel: (305) 756-7171 Fax (305) 756-7722 Website: www.nbvillage.com October 15,2013 SENT Vl.4 EMAIL AND REGULAR MAIL Mr. Mark Taxis Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 RE: North Bay Villftge Residents Use of Normandy Facility Dear Mr. Taxis: It was a pleasure meeting you at the Miami Beach Town Hall Meeting last week. As discussed, the Village's residents would greatly benefit from the use of Miami Beach's Normandy facility, specifically the pool. Therefore, our Village administration would like to, at your convenience, discuss mutually convenient arrangements in order to facilitate our residents' use of the Normandy facility. We are very excited about this prospect and thank you in advance for your time and consideration. Please contact me or the Deputy Village Manager to set-up a meeting to further discuss this opportunity . . V ~o-1~~~ n-Kreps Mayor ofNorth Bay Village cc: The Honorable Mayor Matti Herrera Bower Deedc Weithorn, Commissioner Jimmy Morales, City Manager Frank Rollason, Village Manager Jenice Rosado, Deputy Village Manager Mayor Connie Leon-Kreps Vice Mayor Eddie Lim Commissioner Dr. Richard Chervony 123 Conunissioner Wendy Duvall Commissioner Jorge Gonmlez MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy L. Morales, City Manager Joy V. W. Malakoff, Commissioner December 30, 2013 DRB MEMORANDUM As we previously discussed, I would like to see the composition of the Design Review Board changed to a Board of Professionals. In order to accomplish this, I would request this matter be sent to the Land Use Committee, and thence to the Planning Board. I think the format of the Coral Gables Board might be a good one to model, so perhaps we could get a copy of their regulation. In addition, I would like to know the method they use for recusals for architects and planners whose own work in the City appears before their Board. Thank you for your attention to this request. JVWM V\le or& commmed to providing ~xceNenl publi(.' serv,;ce ond so'-·\, r,:') off v.J .. ;J hve, ~·vork, ond picy in our vibront, nopical, hi.s'-·'~ ~·~-~, .. ,, ... "."' . Agenda Item 124 Date eye. 1-IJ-/Y THIS PAGE INTENTIONALLY LEFT BLANK 125 MIAMI BEACH OFFICE OF THE /<AAYOR AND COMMISSION TO: FROM: DATE: Jimmy L. Morales, City Manager Joy Malakoff, Commissioner January 3, 2014 MEMORANDUM SUBJECT: Referral Item fortheJanuary 15,2014 Commission Meeting: Please place on the January 151h Commission agenda, a referral to the February 25'h, 2014 meeting of the Planning Board regarding a code amendment to the RM-3 Zoning District setback regulations for detached additions, also referred to as cabana structures, at oceanfront lots located in the Miami Beach Architectural District, and for ADA walkways and ramp structures in side yards. Please contact my office at ext. 71 06 if you have any questions. JVWM VVe ore corr:mdted to prov!Uiftg excel/em pubi:c >erv1ce c~d soley ro ell who live. wc1k. "Jnd piay 111 cc,: v1bront. I:op,r:oi. 0 ---·'-----·" Agenda Item 126 Date Cf/D 1-/s=-;q THIS PAGE INTENTIONALLY LEFT BLANK 127 C4 • Commission Committee Assignments C4E Referral To The February Planning Board Meeting-An Ordinance That Creates A New Height Category In The RM-2 Zoning District For Oceanfront Lots Located Within 150 Feet Of North Shore Open Space Park. (Requested by Commissioner Jonah Wolfson) Agenda Item C((E. 128 Date 1-!S"-I'f THIS PAGE INTENTIONALLY LEFT BLANK 129 e MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: N MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manager \ January 15, 2014 REFERRAL TO THE NEIGHBOR 000/COMMUNITY AFFAIRS COMMITTEE - A DISCUSSION REGARDING BEACHFRONT CONCESSION BUFFER ZONES ADMINISTRATION RECOMMENDATION Refer the matter to the Neighborhood/Community Affairs Committee for discussion. BACKGROUND Subject to receipt of the appropriate application, documentation and fees (if applicable), the City of Miami Beach (the "City") issues a beachfront concession letter agreement (the "Letter Agreement") to the upland owner of a beachfront property. The Letter Agreement authorizes the upland owner to operate a beachfront concession (the "Beachfront Concession") on the section of beach east of the upland property. The upland owner is typically a hotel or condominium. The Beachfront Concession may be operated directly by the upland owner and/or by a third party contractor hired by the upland owner (collectively, the "Concessionaire"). There are up to three uses which are authorized in conjunction with a Beachfront Concession. These uses are 1) beach equipment (chairs, umbrellas, etc.), 2) food and non-alcoholic beverages, and 3) water sports Get skis, etc.). Historically, upon issuing the Letter Agreement, the City has attached a Beachfront Concession layout (the "Site Plan"), attached hereto as "Attachment 1". The Site Plan specifies the dimensions and boundaries of the beachfront property and illustrates the concession area and buffer zones. Typically, the middle sixty percent (60%} of the beachfront property is the workable area (the "Concession Area") and a twenty percent (20%} area to the north of the Concession Area, and a twenty percent (20%) area to the south of the Concession Area, act as a buffer between adjacent properties (the "Buffer Zones"). The specific requirements regulating the use of the Buffer Zones are unclear and make enforcement difficult. The City is in the process of revising the Beachfront Concession Rules and Regulations, including the specific requirements regulating the use of the Buffer Zones. Until such time as said revisions are finalized, or unless directed otherwise by the Neighborhood/Community Affairs Committee, the City will allow Concessionaires to operate in a manner consistent with current practices. 130 Agenda Item C IfF Date 1-n--lf( Commission Memorandum -Beachfront Concession Buffer Zones January 15, 2014 Page 2of2 As such, Concessionaires will be allowed to place storage boxes and stacked chairs in the Buffer Zones. The stacked chairs must be in a direct line (east/west) with the storage boxes so as to minimize obstruction of view corridors. Beach equipment (chairs, umbrellas, etc.) will not be allowed to be placed in the Buffer Zones upon initial deployment in the morning. Concessionaires will be permitted to deploy beach equipment in the Buffer Zones throughout the day if the amount of equipment needed to meet demand does not fit within the Concession Area, or if a customer requests that the equipment be moved/placed in the Buffer Zone. The Administration seeks direction from the Neighborhood/Community Affairs Committee regarding this matter. In the meantime, the City will regulate the Buffer Zones as described above. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Neighborhood/Community Affairs Committee for discussion and further direction. 131 Attachment 1 BEACH FRONT CONCESSION LAYOUT NORTt-1 PRO~ERT'V UNI! ~ENSION . -r 2:0K BUFFER Zot.E In the space provided below draw the dimensions of the space you are proposing to use. Include the specific number of items and equipment as listed on . the Operational Plan. (See sample to the right) SOUTH PROPERTY L.INE EXTENSION ~NORTH PROPERTY LINE EXTENSION ~~" (I 20% BUFFER ZONE ~ () \:2 <( a.. 0 0 ~-\O:: \; 0:: <( w I z ........ :J Ia: \O w I z ~ <( \ww z () l=z cn-w ...J ::::> UJ C) U..a: _J 0 () <( Ow OJ ~~~ I a: w <( > (!) \:J! >-10 C) u 0::-z :::l::I: w \<( z C) 0:: \C) <( w UJUJ ~ ~:2 w 20% BUFFER ZONE --~ SOUTH PROPERTY LINE EXTENSION ----~- ____ __j_ Upland Owner Acknowledgement (please initial here) 132 I I I I I I ( I \ \ \ z <( \ \ w (.) \ I i 0 I I I I I ( \ \ I I I I J (/ THIS PAGE INTENTIONALLY LEFT BLANK 133 ('") 0') lt\ MIAMI BEACH CAPITAL IMPROVEMENT PROJECTS OFFICE COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager ..t---..~ DATE: January 15, 2014 SUBJECT: REPORT OF THE CAPIT L IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE MEETING OF OCT BER 14,2013 A meeting of the CIP Oversight Committee was held on Monday, October 14, 2013. The meeting was called to order at 5:49p.m. Please note: 1) Minutes herewith are not a full transcript of the meeting. Full audio and visual record of this meeting available online on the City's website: http://www. miamibeachff. qov/video/video. asp 2) Minutes reflect the order of the meeting according to the printed agenda. Items may have been taken out of order. Refer to the times at the right of the page for when the item was heard. 1. ATTENDANCE See attendance sheet copy attached. 2. ACCOMPLISHMENTS 3. a. Flamingo Park Football Field and Track Substantial Completion b. Surface Parking lot 13X (10th and Washington) Substantial Completion These items were included on the agenda, but never addressed. REVIEW AND ACCEPTANCE OF MINUTES Report of the Capital Improvement Oversight Committee Meeting of July 15, 2013 5:49p.m. • Dwight Kraai presented a handout to the Committee, with his concerns about information in the minutes of the July 15 meeting. A copy is included with the agenda package for the December 9 meeting, • Mr. Kraai asked again for a list of tidal values, as mentioned in item 3 of the July 15, 2013 minutes. Eric Carpenter, Director of Public Works, told the Committee that a list of tidal values was circulated to the Mayor and Commission, although not formally included in the minutes of the October 14, 2013 CIPOC meeting. Another copy will be provided to any committee member who requests it. Mr. Carpenter explained that all of the new drainage systems being designed conform to the 0.67 NAVD, and all the systems designed prior to the adoption of the new plan use the bay datum system, which is lower. • Mr. Kraai noted several discrepancies in the numbers used. Eric Carpenter replied that the City uses the interpretation of data that is provided by the South Florida Water Management District for rainfall events. Those numbers change frequently. Chairman Gross asked that the data used by SFWMD be brought to the next meeting, along with a copy of the table that shows tidal values. 135 Agenda Item c~ A Date /-/ s-1 V CIPOC MEETING MINUTES, October 14, 2013 Page 2 of4 • Mr. Kraai also requested information about emergency generators. Eric Carpenter provided information. There are five water booster stations, 23 sewer booster pump stations and 12 stormwater pump stations. Four of the five water booster stations have fixed generators. 12 of the 23 have permanent generators. The City has seven portable generators that can be used as needed. The City is looking into hiring a contracted service to provide portable generators for emergencies. Dwight Kraai asked that the information about the generators be put in writing and distributed to the Committee. • Saul Gross asked for a correction to the Committee's recommendation for the item on the 6 and 53 Street Restrooms. The correct delivery method selected is updated in the official minutes and is posted online. (Changes are noted in red}. MOTION: Acceptance of Report (Minutes) of the July 15, 2013 CIPOC Meeting MOVED: C. Cuervo 2nd: C. Jacobs PASSED: UNANIMOUS 4. PUBLIC COMMENTS 6:37 p.m. Ronald Starkman, representing the South of Fifth Neighborhood Association (SOFNA), had some concerns about the South Pointe Drive Median Project. The Committee advised him that his request could not be addressed at CIPOC, and that they should be taken to the Commission. An item is included in a future Commission agenda. 5. OLD BUSINESS I REQUESTED REPORTS a. Committee-requested information by Public Works Department This information was presented within the discussion of the minutes. See above. b. North Beach Neighborhoods Status Report: Normandy Isle Phase II Neighborhood Improvements 7:16p.m. Mattie Reyes, Senior Capital Project Coordinator noted that there are updates to the schedule that differ from the schedule published in the agenda packet. The Commission approved funding for lighting infill on Marseille Drive. The new dates, as a result of this additional scope of work are as follows: Advertise ITB January 2014 Commission March 2014 Status Report: Biscayne Point Neighborhood Improvements 7:25 p.m. Carla Dixon explained that the work in Biscayne Point Island and Stillwater Drive is now complete. The entrance feature to Biscayne Point Island is still under construction. The electrical panel for the pump station in Biscayne Beach has been installed and as of the meeting, the project team was waiting for FP&L to energize the panel. Punch list items and final completion are expected by the end of the year. As bump outs are installed in Biscayne Beach, there have been complaints from residents and property owners. The parking design resulted in a substantial loss of parking spaces. CIP Acting Director David Martinez and Assistant City Manager Mark Taxis met with property owners who have concerns about parking reductions. F:\CAPI\$aii\Comm. & CIPOC\CIPOC\2013\12-December\CIPOC October 14 Meeting Minutes.docx 136 CIPOC MEETING MINUTES, October 14, 2013 Page3of4 c. Middle Beach Neighborhoods Status Report: Central Bavshore Neighborhood Improvements 7:35 p.m. Project manager Olga Sanchez said that the first phase of the project is 70% complete, and work has begun on the second phase of the project, which includes additional drainage systems. The entire project is expected to be completed in the summer of 2014. Status Report: Lake Pancoast Neighborhood Improvements 7:37 p.m. Olga Sanchez explained that this project is 95% complete. Landscaping is almost complete. The second lift of asphalt is scheduled for the middle of November. Status on Lower North Bay Road Neighborhood Improvements Report included in agenda packet, but not discussed at the meeting. d. South Beach Neighborhoods Status Report: Venetian Island Neighborhood Improvement Project 7:18p.m. Mattie Reyes reported that the contractor has secured a staging site, so now the Public Works Department will issue the right of way permit. The encroachment removal process has been proceeding relatively smoothly. The utility relocates are underway. TECO has completed their work; FP&L is still working. The Second Notice to Proceed is expected to be issued by the end of this week. Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding Report included in agenda packet, but not discussed at the meeting. Status Report: S. Pointe Ph. Ill. IV & V Neighborhood Improvement Project 7:30p.m. Carla Dixon said that all infrastructure is installed and being tested. Permanent lighting is ready for inspection. David Martinez explained the contractor is having financial difficulty with respect to the South Pointe Ph. Ill, IV, V Project. This has resulted in a slow process of finalization. The trees installed by the landscaping subcontractor, for example, did not meet City standards and were rejected by the City. The Administration is working on solutions to close out this project. 6. COMMISSION ITEMS: a. Bayshore Neighborhood Right-of-Way Infrastructure Improvement Project 6:49p.m. The vote was to recommend that the Commission pass the resolution approving an amendment to the BOOR, which included additional scope as requested by the Homeowner Association, changing the roadway widths and modifying the parking on 40 Street. MOVED: C. Jacobs UNANIMOUS 2"d : R. Rabinowitz b. Flamingo Park Project 6:56 p.m. The vote was to authorize Amendment 5 to the Professional Services Agreement with Wolfberg Alvarez and Partners, to complete the remainder of design for Flamingo Park. MOVED: S. Kilroy UNANIMOUS. 2"d: E. Camargo F:\CAPI\$aii\Comm. & CIPOC\CIPOC\2013\12-December\CIPOC October 14 Meeting Minutes.docx 137 CIPOC MEETING MINUTES, October 14,2013 Page 4 of4 c. Collins Park Place Project 7:02 p.m. The vote was to recommend the issuance of an RFQ for a Construction Manager at Risk firm to provide pre-construction services and construction phase services via a guaranteed maximum price for the Collins Park Place Project. Saul Gross noted some discrepancies in the Commission item and asked that the language be clarified. He also pointed out that the City is not allowing flexibility on the number of years of experience of CM@Risk projects. Stacey Kilroy pointed out that the qualifications apply to the principal of the firm, and this is the spirit of intent that the City had traditionally followed. David Martinez advised the Committee that staff would discuss this further and make any necessary and recommended changes. Bert Cabanas explained that the core and shell of this building will be LEED (Silver) certified. MOVED: T. Trujillo UNANIMOUS 2"d: R. Rabinowitz d. Par 3 Golf Course Project 7:09 p.m. Authorization to approve a Guaranteed Maximum Price with QGS Construction, Inc. for pre-construction services for the Par 3 Golf Course Project. *THE COMMITTEE DID NOT VOTE ON THIS ITEM. 7. ADDITIONAL DISCUSSION 5:51p.m. Saul Gross requested a chart of the dollars spent or allocated by the City to date for stormwater drainage. The Office of CIP provided a first draft of the chart, identifying city projects. Staff has inquired with County and State construction entities to obtain information on those projects occurring within the city limits. Meeting Adjourned 7:40 p.m. Next CIPOC meeting is scheduled for Monday, December 9, 2013 at 5:30p.m. in Commission Chambers. However, meeting schedule may change. Official notification will be posted on the City Clerk Calendar, http://www.miamibeachfl.gov/calendar/cmbcalendar.aspx each month. Attachment: Attendance report Comments from Dwight Kraai Table of tidal values provided by Public Works Department ® F:\CAPI\$aii\Comm. & CIPOC\CIPOC\2013\12-December\CIPOC October 14 Meeting Minutes.docx 138 ~ w <0 ATTENDANCE REPORT FOR CIP OVERSIGHT COMMITTEE JANUARY THROUGH DECEMBER 2013 LAST NAME FIRST NAME Jan Feb 1 Gross Saul p N/M 2 Camargo Elizabeth p N/M 3 Cuervo Christina A N/M 4 Jacobs Cheryl N/A N/A 5 Kilroy Stacy p N/M 6 Kraai Dwight p N/M 7 Trujillo Tony p N/M 8 Ehrlich Brian p N/M 9 Rabinowitz Robert p N/M *February 4, 2013 Meeting Cancelled • •Left meeting before a quorum was established *September 9, 2013 Meeting Cancelled A: ABSENT P:PRESENT March p p p p A p p p p N/A: NOT APPOINTED I* NOT SERVING N/M: NO MEETING April May June July Sept Oct Nov Dec p p p p N/M p N/M p p p p N/M p N/M p p p A N/M p N/M p p p A N/M p N/M p A P** p N/M p N/M p p A p N/M p N/M p p A p N/M p N/M p A A p N/M p N/M p p A p N/M p N/M ---------No quo run Discipline Chair Architect Developer Citizen -at-Large Construction Engineer Capital Budget/Finance/ Developer Engineer Now getting away from some of the technical jargon, I would like to make some general comments. In the past couple of months I have had two meetings with the city administration, including the manager, Mr. Taxis and Mr. Carpenter. I have the impression that they are considering moving away from the past position, but I have not seen any concrete evidence of this. The problem is as long as the administration sticks with the past the inappropriate design values continue to be used in new projects. This is basically pouring money down a rat hole. The regions where improvements have been made will again flood in a few years. This is a distinct disservice to the public, and leads to a misunderstanding by the city commission. 140 r I EIGHBORHOOD TAILWATER CO DITIO 0. IN DESIGN UNDER CONSTRUCTION A v 0.7 0 0.6 0.5 0 0.4 A 0.3 T u 0.2 M 0.1 0 -0.1 141 THIS PAGE INTENTIONALLY LEFT BLANK 142 COMMISSION ITEM SUMMARY Condensed Title: I A Resolution authorizing the City Manager or his designee to apply for and accept two (2) grants. Key Intended Outcome Supported: 1) Enhance mobility throughout the City; and, 2) Reduce the number of homeless. Supporting Data: 1) 11% of residents use "Walking/Bicycling" as their primary mode of transportation citywide and 26% in South Beach and Belle Isle; and, 2) The City's efforts to "address homelessness" was a key driver for resident respondents in how they view the City as a place to live, view city government on meeting expectations and if they would recommend the City as a place to live; "A lot of homeless" was rated amongst the top five things that have a negative impact on the quality of life on Miami Beach. Based on the Census Count (January, 2012), the number of homeless in Miami Beach has decreased from 239 in FY 2004/05 to 106 in FY 2012/13. Item Summary/Recommendation: The Administration requests: 1) Approval to authorize the City Manager or his designee to submit a grant application to Miami-Dade County Metropolitan Planning Organization {MPO), Municipal Grant Program, for funding, in the approximate amount of $50,000 for a Feasibility Study for the Boardwalk!Beachwalk from 23rd -46th Street; and, 2) Retroactive approval to authorize the City Manager or his designee to submit a grant application to Miami-Dade County Homeless Trust, for funding, in the amount of $65,212 for the City's Homeless Outreach Program; 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 these 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 # Grant Name/Project Approx. Approximate Match of Grant Amount/Source Funds Amount fi Miami-Dade Metropolitan Planning $50,000 $10,000/FY 2013/14 Half Organization Municipal Grant Cent Transit Surtax 187- Program/Feasibility Study, 23-46th St. 0880-000312 ».... ~ ~w Miami-Dade County Homeless Trust/ $65,212 $16,500/ FY 2013/14 Homeless Outreach -Salaries REHCD Operating Budget Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Assistant City Manager MIAMI BEACH 144 AGENDA ITEM ---,-C_7--'A---=---- DATE /-()-ff( & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMIS ION MEMORANDUM TO: Mayor Philip Levine and Members the City ommission I FROM: DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APP OVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT APPLICATION TO MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION (MPO), MUNICIPAL GRANT PROGRAM, FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $50,000 FOR A FEASIBILITY STUDY FOR THE BOARDWALK/BEACHWALK FROM 23-64TH STREET; AND FURTHER, RETROACTIVELY APPROVING THE FOLLOWING: 2) SUBMITTAL OF A GRANT APPLICATION TO MIAMI-DADE COUNTY HOMELESS TRUST, FOR INCLUSION IN THE APPLICATION TO BE SUBMITTED BY THE MIAMI- DADE COUNTY CONTINUUM OF CARE FOR THE 2013/2014 U.S. HUD NOTICE OF FUNDING AVAILABILITY (NOFA) FOR THE CONTINUUM OF CARE PROGRAM, FOR FUNDING, IN THE AMOUNT OF $65,212, FOR THE CITY'S HOMELESS OUTREACH PROGRAM; 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. Aooroval to submit a grant aoolication to Miami-Dade Metropolitan Planning Organization {MPO), Municipal Grant Program, for funding, in the approximate amount of $50.000 for a Feasibilitv Study for the Boardwalk/Beachwalk from 23Rb- 641h Street The Miami-Dade Metropolitan Planning Organization (MPO) is the official planning agency and transportation policy-making organization for Miami-Dade County and is responsible for planning and managing funding for projects and programs that enhance the region's transportation network. The main focus of the MPO is to provide an integrated, multimodal transportation system that efficiently moves both people and goods throughout Miami-Dade County, thus enhancing the quality of life for both residents and visitors alike. 145 Commission Memorandum Page2 The Municipal Grant Program encourages Miami-Dade County municipalities to participate in a competitive program for funding for relevant transportation planning studies. The Administration intends to apply for Municipal Grant Program funds to conduct a Feasibility Study for multimodal transportation options for the Boardwalk/Beachwalk from 23rd Street to 46 1h Street. The grant program requires a 20% minimum local match of funds and the City has $10,000 available in matching funds for this project in FY 2013/14 Half Cent Transit Surtax 187-0880-000312. If awarded, the funding becomes available on July 1, 2014 and will expire on June 30, 2016. This project supports the key intended outcome to enhance mobility throughout the City. 2. Retroactive approval for submittal of a grant application to Miami-Dade County Homeless Trust. in the amount of $65,212, for the City's Homeless Outreach Program The U.S. Department of Housing and Urban Development (U.S. HUD) has issued a Notice of Funding Availability (NOFA) for its Continuum of Care Program which is the primary Federal funding source for homeless assistance programs. All current U.S. HUD funded projects with program funding expiring in calendar year 2014 must request renewal funding through this competitive process. The Miami-Dade County Homeless Trust serves as the Applicant for U.S. HUD NOFA funds on behalf of the Miami-Dade County Continuum of Care system (MDCoC). The MDCoC encompasses all of Miami-Dade County, including all municipalities. All local entitlement jurisdictions are part of the MDCoC, and the "Collaborative Application" will contain projects submitted by Project Applicants. The City has received these funds since 2003 to support the salaries of Homeless Outreach staff. As such, the Administration has applied for continuation of funding, in the amount of $65,212, through this collaborative application. A match of at least 25% is required, and matching funds in the amount of $16,500 are available from the Real Estate, Housing and Community Development Department FY 2013/14 Operating Budget. Due to the short turnaround time of this grant deadline, the Administration requests retroactive approval for this grant submittal for funding, in the approximate amount of $65,212 for the City's Homeless Outreach Program. This project supports the key intended outcome to reduce the number of homeless. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to take the following actions: 1) Submit a grant application to Miami-Dade Metropolitan Planning Organization (MPO), Municipal Grant Program, for funding, in the approximate amount of $50,000 for a Feasibility Study for the Boardwalk/Beachwalk from 23-64th Street; and further retroactively approving the following: 2) Submittal of an application to Miami-Dade County Homeless Trust, for inclusion in the application to be submitted by the Miami-Dade County Continuum of Care for the 2013/2014 U.S. HUD Notice of Funding Availability (NOFA) for the Continuum Of Care Program, for funding, in the amount of $65,212, for the City's Homeless Outreach Program; 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 146 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT APPLICATION TO MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION (MPO), MUNICIPAL GRANT PROGRAM, FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $50,000 FOR A FEASIBILITY STUDY FOR THE BOARDWALKJBEACHWALK FROM 23R 0 TO 64TH STREET; AND FURTHER, RETROACTIVELY APPROVING THE FOLLOWING: 2) SUBMITTAL OF A GRANT APPLICATION TO MIAMI-DADE COUNTY HOMELESS TRUST, FOR INCLUSION IN THE APPLICATION TO BE SUBMITTED BY THE MIAMI-DADE COUNTY CONTINUUM OF CARE FOR THE 201312014 U.S. HUD NOTICE OF FUNDING AVAILABILITY (NOFA) FOR THE CONTINUUM OF CARE PROGRAM, FOR FUNDING, IN THE AMOUNT OF $65,212, FOR THE CITY'S HOMELESS OUTREACH PROGRAM; 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 Miami-Dade Metropolitan Planning Organization (MPO) is the official planning agency and transportation policy-making organization for Miami-Dade County and is responsible for planning and managing funding for projects and programs that enhance the region's transportation network; and WHEREAS, the main focus of the MPO is to provide an integrated, multimodal transportation system that efficiently moves both people and goods throughout Miami- Dade County, thus, enhancing the quality of life for both residents and visitors alike; and WHEREAS, the Municipal Grant Program encourages Miami-Dade County municipalities to participate in a competitive program for funding for relevant transportation planning studies; and WHEREAS, the Administration intends to apply for Municipal Grant Program funds to conduct a Feasibili~ Study for multimodal transportation options for the BoardwalklBeachwalk from 23 Street to 461h Street; and WHEREAS, the grant program requires a 20% minimum local match of funds and the City has $10,000 available for this project in matching funds in FY 2013/14 Half Cent Transit Surtax 187-0880-000312; and WHEREAS, if awarded, the funding becomes available on July 1, 2014 and will expire on June 30, 2016 and this project supports the key intended outcome to enhance mobility throughout the City; and WHEREAS, approval is therefore requested to submit a grant application to the MPO, for funding, in the approximate amount of $50,000 for a Feasibility Study for the Boardwalk/Beachwalk from 23rd -641h Street; and 147 WHEREAS, the U.S. Department of Housing and Urban Development has issued a Notice of Funding Availability (NOFA) for its Continuum of Care Program which is the primary federal funding source for homeless assistance programs; and WHEREAS, all current U.S. HUD funded projects with program funding expiring in calendar year 2014 must request renewal funding through this competitive process and the Miami-Dade County Homeless Trust serves as the Applicant for U.S. HUD NOFA funds on behalf of the Miami-Dade County Continuum of Care system; and WHEREAS, the City has received these funds since 2003 to support the salaries of Homeless Outreach staff, and, as such, the Administration has applied for continuation of funding, in the amount of $65,212, through this collaborative application; and WHEREAS, matching funds of at least 25% of the total project cost are required, and matching funds in the amount of $16,500 are available from the Fiscal Year 2013/14 Real Estate, Housing and Community Development Department operating budget; and WHEREAS, this project supports the key intended outcome to reduce the number of homeless, and due to the short turnaround time of this grant deadline, the Administration requests retroactive approval for this grant submittal for funding, in the approximate amount of $65,212 for the City's Homeless Outreach Program. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and authorize the City Manager, or his designee, to take the following actions: 1) Submit a grant application to Miami-Dade Metropolitan Planning Organization (MPO), Municipal Grant Program, for funding, in the approximate amount of $50,000 for a Feasibility Study for the Boardwalk/Beachwalk from 23rd -641h Street; and further retroactively approving the following: 2) Submittal of an application to Miami-Dade County Homeless Trust, for inclusion in the application to be submitted by the Miami- Dade County Continuum of Care for the 2013/2014 U.S. HUD Notice of Funding Availability (NOFA) for the Continuum Of Care Program, for funding, in the approximate amount of $65,212, for the City's Homeless Outreach Program: 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 ___ ,, 2014 ATIEST: MAYOR CITY CLERK JLM/JW/JMH APPROVED AS TO FORM & LANGUAGE FOR EXECUTION (}~ Data 148 THIS PAGE INTENTIONALLY LEFT BLANK 149 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FL, AUTHORIZING NEGOTIATIONS FOR AN AMENDMENT TO THE CONTRACT WITH INKTEL DIRECT GOVERNMENT BPO SERVICES, INC. PURSUANT TO 2013-022-RFP-ME FOR CALL CENTER SERVICES, TO PROVIDE FOR SUCH SERVICES FOR THE BUILDING DEPARTMENT, CONSOLIDATING TWO EXISTING CONTRACTS INTO ONE, AND EXTENDING THE EXISTING AGREEMENT WITH INKTEL ON A MONTH TO MONTH BASIS UNTIL A CONTRACT AMENDMENT HAS BEEN EXECUTED Key Intended Outcome Supported: Improve Community Satisfaction With City Government. 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: This resolution authorizes the Building Department and the Procurement Division to commence negotiations of a contract amendment with lnktel, the call center currently utilized by the Finance, and Parking Departments and the Emergency Operations Center, as their call center, to include the Building Department, essentially consolidating two separate agreements into one. lnktel, by separate agreement, is also currently providing call center services to the Building Department. That agreement expires on February 27, 2014, and the contract amendment would allow the Building Department to receive these services pursuant to the newer agreement. In the event that more time is needed to conclude negotiations, this Resolution also authorizes the City to continue on a month to month basis under the expiring contract until those negotiations are concluded. Advisory Board Recommendation: I None. 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 Building Department has $145,000 budgeted for these services for fiscal year 2012/2014. islative Trackin t-tvf T:\AGENDA\2014\January15\lnkte1Reso- MIAMI BEACH 150 AGEN OA ITEM ~-C..~I_/3-:-:-- DATE /-/"f-f({ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMIS ION MEMORANDUM TO: Mayor Philip Levine and Members o the City C FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH INKTEL GOVERNMENT BPO SERVICES (INKTEL), FOR AN AMENDMENT TO INKTEL'S CURRENT CONTRACT WITH THE CITY, ENTERED INTO PURSUANT TO REQUEST FOR PROPOSALS NO. 022-2013ME AND DATED APRIL 26, 2013; SAID AMENDMENT FOR THE PURPOSE OF CONTINUING TO PROVIDE CALL CENTER SERVICES TO THE CITY'S BUILDING DEPARTMENT, AND CONSOLIDATING THE CURRENT TWO CURRENT CONTRACTS WITH INKTEL INTO ONE AGREEMENT; AND FURTHER AUTHORIZING THE EXTENSION OF THE CURRENT AGREEMENT WITH INKTEL WITH THE BUILDING DEPARTMENT (WHICH WILL EXPIRE ON FEBRUARY 27, 2014) ON A MONTH TO MONTH BASIS, PENDING THE CONCLUSION OF THOSE NEGOTIATIONS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Authorize the negotiation of an amendment to lnktel's current contract with the City pursuant to Request for Proposals No. 022-2013ME to provide call center services for the Building Department, and further authorize the City to enter into a month to month extension with lnktel to provide for call center services pursuant to the Building Department's current expiring agreement until such time as those negotiations are completed. FUNDING The Building Department has $145,000 in its FY 2013/2014 budget for these services. KEY INTENDED OUTCOME SUPPORTED Improve Community Satisfaction with City Government ANALYSIS Request For Proposals (RFP) No. 08-08/09 (the "Bid") was issued on December 15, 2008 to establish a contract(s), by means of sealed bids, for the supply and delivery of call center services to the Building Department, on an as needed basis. On January 29, 2009, the City Commission approved the award of contracts to lnktel Direct Government BPO Services, Inc. (lnktel). The contract was for a three {3) year period commencing on February 27, 2009, with the option to be extended for two (2) additional one (1) year periods. On November 14, 2012, the City Commission approved the exercise of the City's second 151 January 15, 2014 Commission Memorandum lnktel Authorization to Negotiate and Month to Month and final one year renewal option of the contract, which is set to expire on February 27, 2014. On April 26, 2013, the City entered into a separate contract with lnktel for citywide call center services pursuant to RFP 022-2013ME. This contract is for a period of three years from the date of its execution. The Building Department did not participate in the negotiation of that contract as lnktel was already providing its services to the Department. As its current contract with lnktel is set to expire on February 27, 2014, the Building Department would now like authorization to negotiate an amendment to the contract with lnktel pursuant to the more recent RFP 022-2013ME, so that lnktel can continue to provide call center services to the Building Department pursuant to this new agreement. The Building Department also seeks permission to extend its current expiring contract with lnktel on a month to month basis until such time as those negotiations are completed. CONCLUSION The Administration recommends that the Mayor and City Commission authorize the Administration to negotiate a contract amendment with lnktel for call center services for the Building Department pursuant to RFP 022-2013ME, and to allow for a month to month extension of the Building Department's current (expiring on February 27, 2014) agreement until negotiations are completed. JL~VF/S~ T:\AGEND\20 14\January\lnkteiNegotAuthMemo,doc 152 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH INKTEL GOVERNMENT BPO SERVICES (INKTEL), FOR AN AMENDMENT TO INKTEL'S CURRENT CONTRACT WITH THE CITY, ENTERED INTO PURSUANT TO REQUEST FOR PROPOSALS NO. 022- 2013ME AND DATED APRIL 26, 2013; SAID AMENDMENT FOR THE PURPOSE OF CONTINUING TO PROVIDE CALL CENTER SERVICES TO THE CITY'S BUILDING DEPARTMENT, AND CONSOLIDATING THE CURRENT TWO CURRENT CONTRACTS WITH INKTEL INTO ONE AGREEMENT; AUTHORIZING THE EXTENSION OF THE CURRENT AGREEMENT WITH INKTEL WITH THE BUILDING DEPARTMENT (WHICH WILL EXPIRE ON FEBRUARY 27, 2014), ON A MONTH TO MONTH BASIS, PENDING THE CONCLUSION OF THOSE NEGOTIATIONS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request For Proposals (RFP) No. 08-08/09 was issued on December 15, 2008, to establish a contract(s), by means of sealed bids, for the supply and delivery of call center services for the City's Building Department, on an as needed basis, from a source(s) that will give prompt and efficient customer service; and WHEREAS, on January 29, 2009, the City Commission approved the award of a contract to lnktel Direct Government BPO Services, Inc. for a three (3) year period, commencing on February 27, 2009, with the option to be extended for two (2) additional one (1) year periods; and WHEREAS, on November 14, 2012, the City Commission approved the exercise of the City's second and final one year renewal option of the contract, which is set to expire on February 27, 2014; and WHEREAS, on April 26, 2013, the City entered into a separate contract with lnktel for Citywide call center services, pursuant to RFP 022-2013ME; this contract is for a period of three (3) years from the date of execution; and WHEREAS, as the Building Department's contract with lnktel is set to expire on February 27, 2014, the City Administration recommends consolidating both the agreements under one contract and, therefore, requests authorization to negotiate an amendment to lnktel's April 26, 2013 agreement (executed pursuant to RFP 022- 2013ME) to include the call center services currently being provided to the Building Department; and, WHEREAS, the Building Department also seeks permission to enter into a month to month agreement with lnktel (under the January 29, 2009 contract, which will expire on February 27, 2014), until such time as negotiations for the requested amendment are completed. 153 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Administration to enter into negotiations with lnktel, for an amendment to lnktel's current contract with the City, entered into pursuant to Request for Proposals No. 022-2013ME and dated April 26, 2013; said amendment for the purpose of continuing to provide call center services to the City's Building Department and consolidating the current two contracts with lnktel into one agreement; authorizing the extension of the current agreement with lnktel with the Building Department (which will expire on February 27, 2014}, on a month to month basis, pending the conclusion of those negotiations; and further authorizing the Mayor and City Clerk to execute the amendment upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED THIS ___ DAY OF ____ 2014. ATTEST: CITY CLERK MAYOR T:\AGENDA\2014\January 15, 20141nkte1Call Center Services -RES02.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION &~-\L-;u-\?1 ~c~~ Daw 154 THIS PAGE INTENTIONALLY LEFT BLANK 155 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.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 Fundino 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, En vi ron mental 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 oood. 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 Funds: 390-2320-061357 lf2~tt3) 2 Total $403,261 Financial Impact Summary: islative Trackin Si n-Offs: nt Director Assistant City Manager MT T:\AGENOA\2014\J:muaryiF;amingo Park Master Plan- Park Parkwide Improvements-SUMMARY.doc mendment 5\Wolfberg Alvarez & Partners Am MIAMI BEACH 156 AGENDA ITEM __,.~_7;...._(_~ DATE l-1'5"-IV ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov N MEMORANDUM TO: Mayor Phillip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVIN 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. 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 (CDW). 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. 157 Commission Memorandum -Wolfberg Alvarez and Partners -Amendment No. 5-Flamingo Park January 15, 2014 Page 2 of2 The Football Field!Track renovation and the Handball Courts renovation scope of work were packaged as separate projects designed by other consultants. The Football Field!Track 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 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. 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\MnDM\MER T:\AGENDA\2014\January\Fiamingo Pari< Master Plan-WAP Amendment 5\Wolfberg Alvarez & Partners-Amendment No 5- Flamingo Park Parkwide Improvements-MEMO.doc 158 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.5 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN THE CITY 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. WHEREAS, on September 05, 2007, pursuant to Request for Qualifications (RFQ) No. 15-06/07, the Mayor and City Commission adopted Resolution No. 2007-26609, approving the execution of an Agreement with Wolfberg Alvarez and Partners (the Agreement) for Professional Architecture and Engineering Services for the Flamingo Park Project (Project); and WHEREAS, on December 27, 2010, Amendment No. 1 to the Agreement was executed, in the amount of $77,720, for additional architectural and engineering services associated with revisions to the Master Plan and Tennis Center; and WHEREAS, on March 20, 2012, Amendment No.2 to the Agreement 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 to the Agreement 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 to the Agreement 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 improvements, which consist 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; and WHEREAS, the services, as set forth in Amendment No. 5, are for the not-to-exceed amount of $403,261. 159 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, Authorize The Mayor And City Clerk To Execute Amendment No. 5 To The Professional Architectural And Engineering (A/E) Services Agreement Between The City 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. PASSED AND ADOPTED THIS ___ DAY OF ____ 2014. ATTEST: CITY CLERK MAYOR T:\AGENDA\2014\January\Fiamingo Park Master Plan-WAP Amend"'ent 5\Wolfberg Alvarez & Partners - Amendment No 5-Flamingo Park Parkwide Improvements· RESO.doc 160 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (-?,-\4 Date 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 __ , 2014, 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 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 Attachment -Wolfberg Alvarez Amendment No 5 161 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 Clerk ATTEST: Signature: Print Name I Title ATTACHMENTS: Schedule A-5 -Scope of AlE Services Page 2of3 Attachment -Wo/fberg Alvarez Amendment No 5 162 CITY OF MIAMI BEACH Mayor CONSULTANT: WOLFBERG ALVAREZ & PARTNERS Signature Print Name I Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 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 3 of3 Attachment -Wo/fberg Alvarez Amendment No 5 163 October 3, 2013 Ms. Matilde E. Reyes, R.A. Senior Project Coordinator Cily of Miami Beach Capital Improvements 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 1h, 20 II 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 II, the project will be broken out into two (2) phases !IS follows: PHASE l -PROJECf SPECIFIC SCOPE OF WORK • Baseball Field: Budget: $262,500.00 Lighting ($125,000.00}-The spo1ts lighting is deficient and requires upgrades. An analysis shall be performed to modifY, replace and/or upgrade the existing lighting fixtures. Due to budget constraints, as much of the existing infrastructure {raceways, wiring), including the concrete poles are to be retained. This task is to upgrade and may not result in ultimate desired perf01mance lighting. Batting Cages ($ included above)-Replace the existing batting cages with new chain link cages and screening. lnstnll new storm drainage in the area of the batting cages only. Renovate Restrooms ($65,000.00) -Renovate restrooms with new plumbing fixtures, new finishes, new lighting, patch exterior stucco and repaint exteriors. Include ns many non-structural accessibility upgrades as permitted by the budget. II 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, au analysis to determine if these requirements arc satisfied with the ex1stmg conditions and/or with the new accessible compliant configuration has not been performed. 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 that there arc conditions where it is "Technically Infeasible" due to existing structural conditions which -· . . ~· WOLFSERGALVAREZ.COM : : ~ ' ;,,I ,: 1 1. c 164 Flamingo Park Miscellaneous Projects City of Miumi Beach October 3, 2013 Page 2 of5 wot1ld affect the struC!llral integrity of the building or because af other physical constraints to satisfY Code requirements. Our Proposal includes services associated with interior, non structural scope of work only. It is predicated on the removal of total fixture counts as necessary to satisfy accessibility requirements. See attached 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 around stadium seating and replace with landscaping. • New Restrooms (replaces Softball field Restrooms): 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 Enhanced Pedestrian Ways: Budget: $1&1,000.00 Erect new park entry featnrcs to be located at Jefferson and ll 1h Street, 13 11' and Meridian and at 13 11' and Michigan Avenue. \VA shall prepare conceptual dcsign(s) for presentation to the City and prepare construction documents of selected scheme. It is intended that all three (3) fcahnes be the same. Enhance existing concrete pathways by enhancing directly adjacent landscaped areas (approximately I 0' on either side) nnd introducing pre-manufactured scaling and miscellaneous site fnrnitnre. New east-west concrete pedestrian pathway located in nm1hern 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 Feature; Bt1dget: $200,000.00 New interactive water feature (splash pad) located in the center of the park with seating, lmrdscnpc 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 D.O.H. 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 165 Flamingo Park Miscellaneous Projects City of Miami Beach October 3, 2013 Page 3 of 5 • New Tecnag~ Activity Area: Allowance: $50,000.00 Per the City's request, an allowrmce is included in this Proposal as the scope has not yet been defined. • Pnrk Wide Improvements: Budget: $2,195,000.00 Lighting Enhancements ($500,000.00) Provide park wide llgltting enhancements, pm1iculnrly in pedestrian pathways, inclt1ding electrical service and nntomated 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 enhy 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 n basis for design, an existing tree inventoty documenting lree species, size, caliper, condition and disposition to meet the City of Miami Beach and Miami-Dade County DER1vl 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 thai defines the location, variety, size quality and quantity of all proposed vegetation. The landscape plan will incorporate Florida-friendly design principles. Trrigation Improvements for approx.imate!y II acres ($475,000.00} The irrigation scope of services shall include assessing the existing condition of the ilTigation 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 pa1·k, community garden, area surrounding the running track, and area surrounding the restored Historic "Lodge" Building. Per meeting on I 0-03-13, the areas around the I'Unning 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 conse1vation equipment. It shall be designed lo meet the City of Miami Beach standard irrigation specifications. 3225 AVIATION AVE., SUITE 400 I MIAMI, FL 331331 V 305-666·54741 AA 0002416 EB 0002354 166 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 11 1h and 12 Streets and directly west ofthe New Boys' and Girls' Club Building (Sidewalk!T'een 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 thm-out the park (excluding the football field, existing parking Jot, and the Flamingo Park Tennis Center). While the specific scope of work is not determined nt this time, it is anticipnted 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 Avenue side, adjacent to 13th 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. Rccoustitute 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 mechanical upgmdes as necessary. The existing wood ramp is to be replaced with a permanent, code com1>liant ramp. No scope of work is included for the "shell" of the building. 3225 AVIATION AVE., SUITE 400 I MIAMI, FL 331331 V 305·666·54741 AA 0002416 EB 0002354 167 Plamingo Park Miscellaneous Projects City of Miami Beach October 3, 2013 Page 5 of5 QUALIFICATIONS n. As clarified in the meeting held at CIP's offices en 02/16/ll, P11blie Worl(9" Master Drainll:ge pregfftltt is-ttet-afl.¥ttneed ~oogh le itteol'pOffit~ their warl' iR this project It V.'fiS also neted thai the BOOR and the ean·espontling eor.strl'letien lmtiget do not coYer pnffi-wiee-tlminage-Hllpro·,.elt'lenls whieh aFe lirnileEI to the-ttFetHH:ljaeettHo the batttng ... eage,-as-ooted above. b. Per our meeting on I 0-03-13, the above-noted scope of work will be prepared by WA as two (2) separate plmses ami issued as two (2) separate sets of construction documents for permitting. The fees indicated in Schedule B for bidding and construction administration remain 11s a single project to be bui It at the same time. c. The previously prepared and approved flamingo Park Master Plan -Basis of Design Repo1t (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 bast-d on preliminary information available at the time. The actual construction costs will depend on the final scopes, site conditions, design and competitive market conditions. d. The recently revised General Conditions req11ire the Contractor to hold weekly construction meetings. It is our opinion that our attendance will suffice on a bi-weekly schedule for these projects. Accordingly, our Proposal reflects an 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 necessat)' please feel free to contact our office. ·ely, \ ·~rJ(.._ MarcL R. Morlotc, AlA Senidr 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 168 SCHEDULE B.l lNDlVlDUAL PROJECT FEE A LLOCATrON 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 particularly project and have an agreed-to fee reduction. lnasm\lch as certain tasks, predominantly Plamling, Bidding and Award and Construction Phase Services have to be performed 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 Prope11y Management: Lodge Renovation: Entrances and Pathways: Park Wide Improvements: Community Garden: Bike Path: fnteractive Water Feature (Splash Pad): Landscape and Irrigation: Grading and Drainage Improvements (Allowance): Teenage Activity Center (Allowance): 169 $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 $25,000.00 I __ , __ ~ ;t . ··1· ... ! I ~\ ;$ i ~ I I I ;t . 2 8 " .. ... ~ ' . ., -' ::0 1!: 0 ll ~· l~ .. !!! ; till! ill .. ::olf ~~~ .. ..• :!•+ !:'i• liS ~ii~ a"'~ <ro. ~;Eli ; r;;:g8 '"i' .,..,,. D ._ '*' ~~~~ ,'.-. ~~~ u it~ i '" ... , .... hN'I'o"' "h .. , ........... ; z 0 0 I . i ~ P- I i i I I l s·,~~· ;;!t:C! fl 1 tl ~·~~i .~~'"i ~~e :~ ; ··,~·2,1 f l ; \ 2 ;t 'il! ; a i I '"' t• -; ' ; : ! I I I I ~ !c ·~: ' ~ " 11 I ! , .. ' 3 ~' Ill "' ;:; ' ' ; ' ill• ~-... ~= ~~~~ ~-0::'!1 I I i !!!-..... ·~· -~-i--• lh I I 1_ , ~ I .: i ; 170 ,l .. i :'! ! ~~~ ; [N~ .. ~ ~ i I r ~ ~~' ~ 5' I ;; i ~ s; ;;~rs 5 !§ ;§ ~~~ ~ ·~ :~~~~ ' i = 3' ~ ~ ~' i«! ;! -t • -~ ~ J ~ i ! I ~ • i> a "' ... "' i a ~~ o., ; ,_ ~a ttl i !f~ ::a -w • 0 j!!!g~ 3i~! !!.! !"' <>l!ia.§ i ID~8j> li o:r;~ .. l! ~~ I ~5 iG .. -! ii ·~ "' ,, .. ' I ~t.: ~ ~ 171 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA APPROVING AN ADDITIONAL AMOUNT OF $170,667 TO COMPLETE THE LINCOLN ROAD MALL LANDSCAPING PROJECT Key Intended Outcome Supported: Maximize Miami Beach as a destination brand. Supporting Data (Surveys, Environmental Scan, etc.) Item Summa /Recommendation: On October 16, 2013, the City Commission adopted Resolution No. 2013-28399 authorizing the City Manager to award a contract for landscaping of the Lincoln Road Mall, from blocks 400 to 1000 to be completed in time for Art Basel -Miami Beach. On November 18, 2013, quotes were received in response to ITQ 2014-011-LR, issued pursuant to the City's contract for Ground Maintenance Services. The lowest responsive, responsible quote for all blocks of the scope of the project (blocks 400 - 1 000), received from Superior Landscape and Lawn Service, Inc. ("Superior"), totaled $466,667.00. Since only $296,000 had been previously approved and allocated for the project by the City Commission, only the most critical areas of the project, from the 400 to 600 blocks, totaling $189,013.50, was authorized to be completed prior to the commencement of the Art Basel - Miami Beach events. Accordingly, a purchase order (PO) was released to Superior for this portion of the work which has subsequently been completed. To complete the remaining blocks, from block 700 -1000, it is necessary to approve an additional $170,667. Upon approval of this item, a PO can be released to Superior for the remainder of the project. CONCLUSION It is recommended that the Mayor and City Commission approve the resolution approving an additional amount of $170,667 to com lete the Lincoln Road Malllandsca in ro·ect. Advisory Board Recommendation: Financial Information· Source of Amount Account Funds:/f 1 $170,667 168-9966-000312 ~ 2 Total $170,667 Financial Impact Summary: City Clerk's Office Legislative Tracking: MIAMI BEACH AGENDA ITEM __ C.._7_D-:-:-:- DATE /-}~-/({ 172 & MIAMI BEACH ""'="" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA APPROVING AN ADDITIONAL AMOUNT OF $170,667 TO COMPLETE THE LINCOLN ROAD MALL LANDSCAPING PROJECT. ADMINISTRATION RECOMMENDATION Approve Resolution KEY INTENDED OUTCOME SUPPORTED Maximize Miami Beach as a destination brand. FUNDING Account Code: BACKGROUND 168-9966-000312 $170,667.00 On October 16, 2013, the City Commission adopted Resolution No. 2013-28399 authorizing the City Manager to award a contract for landscaping of the Lincoln Road Mall, from blocks 400 to 1000 to be completed in time for Art Basel-Miami Beach. On November 18, 2013, quotes were received in response to ITQ 2014-011-LR, issued pursuant to the City's contract for Ground Maintenance Services. The lowest responsive, responsible quote for all blocks of the scope of the project (blocks 400 - 1 000), received from Superior Landscape and Lawn Service, Inc. ("Superior''), totaled $466,667.00. Since only $296,000 had been previously approved and allocated for the project by the City Commission, only the most critical areas of the project, from the 400 to 600 blocks, totaling $189,013.50, was authorized to be completed prior to the commencement of the Art Basel - Miami Beach events. Accordingly, a purchase order (PO) was released to Superior for this portion of the work which has subsequently been completed. To complete the remaining blocks, from block 700 -1000, it is necessary to approve an additional $170,667. Upon approval of this item, a PO can be released to Superior for the remainder of the project. CONCLUSION It is recommended that the Mayor and City Commission approve the resolution approving an addtional amount of $170,667 to complete the Lincoln Road Mall landscaping project. JM/MT/~JRIAD T:IAGEN~~tb14\Lincoln Road Mall Landscaping Appropriating Additional Funds.docx 173 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA APPROVING AN ADDITIONAL AMOUNT OF $170,667 TO COMPLETE THE LINCOLN ROAD MALL LANDSCAPING PROJECT WHEREAS, on October 16, 2013, the City Commission adopted Resolution No. 2013- 28399 authorizing the City Manager to award a contract for landscaping of the Lincoln Road Mall, from blocks 400 to 1000 to be completed in time for Art Basel-Miami Beach; and WHEREAS, on November 18, 2013, quotes were received in response to ITQ 2014-011- LR, issued pursuant to the City's contract for Ground Maintenance Services; and WHEREAS, since only $296,000 had been previously approved and allocated for the project by the City Commission, only the most critical areas of the project from the 400 to 600 blocks, totaling $189,013.50, was authorized to be completed prior to the commencement of the Art Basel-Miami Beach events; and WHEREAS, it is therefore necessary to approved an appropriation of an additional $170,667 in order to complete the 700 to 1000 blocks of the Lincoln Road Mall pursuant to ITQ 2014-011-LR; 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 approve funds in the amount of $170,667, to complete the landscaping of the Lincoln Road Mall. PASSED and ADOPTED this ___ day of January 15, 2014. ATTEST BY: RAFAEL E. GRANADO, CITY CLERK MAYOR PHILIP LEVINE 174 APPROVED AS TO FORM & LANGUAGE & Fn~ EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 175 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving a month-to-month extension of the City's current Agreement with Car Charging Group, Inc. (CCGI) for Electric Vehicle Charging Stations, at the 13th Street Garage, until a new contract is awarded and executed; with such extension to have been deemed to have commenced on October 3, 2013, and terminable without cause or liability to the City, upon written notice to CCGI; and a referral to the Finance and Citywide Projects Committee for discussion and direction on any next steps. Ke Intended Outcome Su orted: Improve parking availability. Item Summary/Recommendation: The availability of strategically placed charging stations throughout the City provides greater convenience and promotes the use of EVs. Benefits to the City include improved air quality, quieter and more livable streets, and decreased dependency on fossil fuels. In 2011, the City Commission approved the issuance of an RFP for EV Charging Stations, as a pilot program, at the 13th Street Garage. As a result, the City entered into a contract with CCGI. The Administration recommends the following actions: • A month-to-month extension of the City's current agreement with CCGI in order to maintain continuity of EV Charging Stations services at the 13th Street Garage to current users. This will extend the pilot program beyond one year; however, the agreement is terminable without cause and without liability to the City, upon written notice to CCGI. Also, the month-to-month extension shall terminate upon the award and execution of a new contract. • A referral of the item to the Finance and Citywide Projects Committee for discussion and direction on any next steps. The Administration recommends that the Mayor and City Commission approve a month-to- month extension of the City's current Agreement with CCGI until a new contract is awarded and executed; and a referral to the Finance and Citywide Projects Committee for discussion and direction on any next steps. Adviso Board Recommendation: The Transportation and Parking Committee endorsed the expansion of EV Charging Stations at their re ularl scheduled meetin , held on November 4, 2013. Source of Amount Funds: 1 N/A ~~ 2 3 OBPI Total Financial Impact Summary: T:\AGENDA\2014\January15\EVChargingStationsMonthToMonthReferraiFCWPC.sum.doc MIAMI BEACH 176 Account AGENDA ITEM DATE c. 7 E 1-!5"-JC{ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMI SION MEMORANDUM TO: Mayor Philip Levine and Members o the City FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP VING A MONTH-TO-MONTH EXTENSION OF THE CITY'S CURRENT AGREEMENT WITH CAR CHARGING GROUP, INC. (CCGI), FOR ELECTRIC VEHICLE CHARGING STATIONS AT THE 13TH STREET GARAGE, UNTIL A NEW CONTRACT IS AWARDED AND EXECUTED; WITH SUCH EXTENSION TO HAVE BEEN DEEMED TO HAVE COMMENCED ON OCTOBER 3, 2013, AND TERMINABLE WITHOUT CAUSE AND WITHOUT LIABILITY TO THE CITY, UPON WRITTEN NOTICE TO CCGI; AND A REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR DISCUSSION AND DIRECTION. ADMINISTRATION RECOMMENDATION Approve the month-to-month extension and refer to the Finance and Citywide Projects Committee for discussion and direction. BACKGROUND The City of Miami Beach Parking Department is dedicated to providing environmentally friendly service programs, including hybrid vehicle parking incentives, bicycle sharing, car sharing, and most recently a pilot program for electric vehicle (EV) charging stations at 13th Street and Collins Avenue Garage. The City's goals and objectives are to promote a vision to make electric vehicles a part of daily life for Miami Beach residents and visitors. The availability of strategically placed charging stations throughout the City provides a greater convenience and further promotes the use of EVs. Benefits to the City include improved air quality, quieter and more livable streets, and decreased dependency on fossil fuels. However. one of the inherent challenges for this technology to gain mainstream acceptance is analogous to the "chicken or the egg" conundrum. If EV charging stations are not readily available, the driving public is hesitant to invest in an EV due to "range anxiety'' resulting in trips that are in close proximity to only known EV charging stations points. The expansion of EV charging stations is necessary in order to establish a network of stations that will allow this technology to flourish. Electric Vehicle Charging Station -One Year Pilot Program Analysis In 2011, the City Commission approved the issuance of an RFP for Electric Vehicle Charging Stations, as a one (1) year pilot program, at the 13 1h Street and Collins Avenue Garage. As a result, the City entered into a contract for a pilot program for the installation, operation, and maintenance of self-service electric vehicle charging stations for public use in the 13th Street Garage with CCGI {Car Charging Group, Inc). CCGI is local to Miami Beach, with their headquarters located on Michigan Avenue. CCGI currently provides charging services in public 177 Commission Memorandum EV Charging Stations Month-to-Month Extension/Referral to Finance Committee January 15, 2014 Page 2 of2 facilities including municipalities, shopping malls, parking garages, multi-family residential and commercial properties in Florida as well as other states. Currently, two EV charging stations service four parking spaces in the garage. Utilization of this service has been slow-growing as it is commensurate with the level of electric vehicles currently on the road. Over the one year pilot program, the daily usage of the two EV Charging Stations ranged from a low of 2.6 KWH to a high of 10.8 KWH. Usage of the stations was fairly consistent with seasonality trends for parking usage in the garage. Overall, the average daily usage of the charging stations was 6.1 KWH. Over the last year, this technology is slowly gaining popularity. A number of manufacturers have released electric vehicles, including the Chevrolet Volt, Nissan Leaf, and BMW i3. In fact, Tesla, one of the leading EV manufacturers has opened venues on Lincoln Road and recently in Dadeland Mall. The Administration recommends the following actions: • A month-to-month extension of the City's current agreement with CCG I in order to maintain continuity of EV Charging Stations services at the 131h Street Garage to current users. This will extend the pilot program beyond one year; however, the agreement is terminable without cause and without liability to the City, upon written notice to CCGI. Also, the month-to-month extension shall terminate upon the execution of a new contract. • A referral of the item to the Finance and Citywide Projects Committee for a discussion and direction on any next steps. Transportation and Parking Committee The Transportation and Parking Committee endorsed the expansion of Electric Vehicle Charging Stations to other City parking facilities at their regularly scheduled meeting held on November 4, 2013. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission approve a month-to-month extension to Car Charging Group, Inc. (CCGI) until a new contract is awarded and executed; with such extension to have been deemed to have commenced on October 3, 2013, and terminable without cause or liabrnty to the City, upon written notice to CCGI; and a referral to the Finance and Citywide Projects Committee for discussion and direction on any next steps. JLM/PDW/SF C:\Documents and Settings\finapino\Local Settings\Temporary Internet Files\Content.Outlook\OH3TI33P\EVChargingStationsMonthtoMonthReferraiFCWPC cme.doc 178 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A MONTH-TO-MONTH EXTENSION OF THE CITY'S CURRENT AGREEMENT WITH CAR CHARGING GROUP, INC. (CCGI}, FOR ELECTRIC VEHICLE CHARGING STATIONS AT THE 13TH STREET GARAGE, UNTIL A NEW CONTRACT IS AWARDED AND EXECUTED; WITH SUCH EXTENSION TO HAVE BEEN DEEMED TO HAVE COMMENCED ON OCTOBER 3, 2013, AND TERMINABLE WITHOUT CAUSE AND WITHOUT LIABILITY TO THE CITY, UPON WRITTEN NOTICE TO CCGI; AND A REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR DISCUSSION. WHEREAS, the City of Miami Beach Parking Department is dedicated to providing environmentally friendly service programs, including hybrid vehicle parking incentives, bicycle sharing, car sharing and, most recently, a pilot program for electric vehicle (EV) charging stations at 13th Street and Collins Avenue Garage; and WHEREAS, the availability of strategically placed charging stations throughout the City provides a greater convenience and further promotes the use of EV's and benefits to the City include improved air quality, quieter and more livable streets, and decreased dependency on fossil fuels; and WHEREAS, in 2011, the City Commission approved the issuance of an RFP for Electric Vehicle Charging Stations, as a pilot program, at the 13th Street and Collins Avenue Garage; and WHEREAS, as a result of the RFP, the City entered into a contract for a pilot program for the installation, operation, and maintenance of self-service electric vehicle charging stations for public use in the 131h Street Garage with Car Charging Group, Inc. (CCGI); and WHEREAS, the expansion of electric vehicle charging stations is necessary in order to establish a network of stations that will allow this technology to flourish; and WHEREAS, the Transportation and Parking Committee, at its regularly scheduled meeting held on November 4, 2013, endorsed the expansion of electric vehicle charging station services to other City parking facilities; and WHEREAS, the Administration recommends approval of a month-to-month extension of the current Agreement with Car Charging Group, Inc. (CCGI) in order to have continuity of service for users at the 131h Street and Collins Avenue Garage, until such time as a new contract is awarded and entered into; with such extension to have been deemed to have commenced on October 3, 2013, and terminable without cause and without liability to the City, upon written notice to CCGI; and a referral to the City's Finance and Citywide Projects Committee (FCWPC) for discussion and direction regarding this initiative. 179 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve a month-to-month extension of the City's current agreement with Car Charging Group, Inc. (CCGI) until a new contract is awarded and executed; with such extension to have been deemed to have commenced on October 3, 2013, and terminable without cause and without liability to the City, upon written notice to CCGI; and a referral to the Finance and Citywide Projects Committee for discussion. PASSED AND ADOPTED this ___ day of ____ 2014. ATTEST: Rafael Granado, City Clerk Philip Levine, Mayor T:'AGENDA\20141January15\Parking\RFP for Electric Vehicle Charging Stations.res.doc 180 APPROVED AS TO FORM & LANGUAGE & Ff18. EXECUTION Data THIS PAGE INTENTIONALLY LEFT BLANK 181 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 Amend And Execute The Technical Service Support Agreement Between The City And Physic-Control, Inc. Key Intended Outcome Supported: Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: An automated external defibrillator (AED) and a LIFEPAK monitor/defibrillator are portable devices used by emergency medical personnel that monitor heart rhythm and, if needed, delivers an electric shock to the heart in an attempt to restore normal rhythm in cases such as sudden cardiac arrest. The Fire Department has used, as its standard, Physic-Control AEDs and LIFEPAK monitor/defibrillator equipment exclusively for over twenty-five years. Standardization on one system is necessary for training and for purposes of consistency. Currently, the existing units are serviced under a Technical Service Support Agreement, authorized by Resolution No. 2010-27387 at a total cost of $134,866.33 for (5) years of coverage. The remaining balance on the agreement through September 30, 2015 is $60,824.28. Adding the nine (9) recently acquired units to the Technical Service Support Agreement will increase the cost by $10,975.27 through the current contract expiration date of September 30, 2015, for a new total of $145,841.61. This item seeks approval to amend the Technical Service Support Agreement in order to add nine (9) recently acquired AEDs and LIFEPAK monitor/defibrillator units. Physic- Control, Inc., the manufacturer of LIFEPAK AED and monitor/defibrillator units, is the only source from which to obtain maintenance services for AED units and related items. The Administration recommends that the Mayor and City Commission adopt the attached resolution authorizing the City Manager and City Clerk to amend and execute the Technical Service Support Agreement between the City and Physio-Controllnc., adding coverage for nine (9) recently acquired AED and monitor/defibrillator units through the contract expiration date of September 30, 2015. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amount e 1 $10,975.27 011-1220-000325 2 I Total $10,975.27 Financial Impact Summary: Cit Clerk's Office Le islative Trackin Assistant KGB A\2014January15\Amend Technical Summary.doc anager Account er Agreement J MIAMI BEACH 182 AGENDA ITEM __ C_7L....L...F---;-; DATE /-/~/f MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION, OF THE CITY OF MIAMI BEACH, FLORIDA, AUTH RIZING THE CITY MANAGER AND CITY CLERK TO AMEND AND EXECUTE THE TECHNICAL SERVICE SUPPORT AGREEMENT BETWEEN THE CITY AND PHYSIO CONTROL, INC. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Increase community satisfaction with City government FUNDING Account No. 011-1220-000325-$10,975.27 BACKGROUND INFORMATION An automated external defibrillator (AED) and a LIFEPAK monitor/defibrillator are portable devices used by emergency medical personnel that monitor heart rhythm and, if needed, delivers an electric shock to the heart in an attempt to restore normal rhythm in cases such as sudden cardiac arrest. The Fire Department has used, as its standard, Physic-Control AEDs and LIFEPAK monitor/defibrillator equipment exclusively for over twenty-five years. Standardization on one system is necessary for training and for purposes of consistency. Currently, the existing units are serviced under a Technical Service Support Agreement, authorized by Resolution No. 2010-27387 at a total cost of $134,866.33 for (5) years of coverage. The remaining balance on the agreement through September 30, 2015 is $60,824.28. Adding the nine (9) recently acquired units to the Technical Service Support Agreement will increase the cost by $10,975.27 through the current contract expiration date of September 30, 2015, for a new total of $145,841.61. This item seeks approval to amend the Technical Service Support Agreement in order to add nine (9) recently acquired AEDs and LIFEPAK monitor/defibrillator units. Physic-Control, Inc., the manufacturer of LIFEPAK AED and monitor/defibrillator units, is the only source from which to obtain maintenance services for AED units and related items. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution authorizing the City Manager and City Clerk to amend and execute the Technical Service Support Agreement between the City and Physio-Controllnc., adding coverage for nine (9) recently acquired AED units through the contract expiration date of September 30, 2015. T:\AGENDA\2014\January15\Procurement\AmendTechnicaiServiceSupportAgreementPhysioControl-MEMO.doc 183 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE TECHNICAL SERVICE SUPPORT AGREEMENT BETWEEN THE CITY AND PHYSIC CONTROL, INC., TO ADD FOUR (4) LIFEPAK 15S AND FIVE (5) LIFEPAK 10005 DEFIBRILATORS TO THE MAINTENANCE CONTRACT, IN THE ADDITIONAL AMOUNT OF $10,975.27. WHEREAS, the Fire Department has used defibrillators/monitors and Automated External Defibrillators (AED's) manufactured by Physic-Control Inc., for over twenty-five years; and WHEREAS, Physic-Control Inc., continues to be the only source from which to obtain the LIFEPAK defibrillator/monitor family of products, including accessories, repair parts and upgrades, remanufactured devices and services; and WHEREAS, to protect the City from excessive maintenance costs, the City also entered into an annual Technical Service Support Agreement with Physio-Control Inc., the manufacturer for the past twenty years; and WHEREAS, the executed amendment extended the term of the Agreement until September 30, 2015, and included additional devices to the maintenance contract; and WHEREAS, on May 12, 2010, the Mayor and City Commission authorized, pursuant to Resolution No. 2010-27387, an amendment to the Technical Service Support Agreement with Physic-Control, Inc.; and WHEREAS, the City needs to amend the current Technical Service Support Agreement once again in order to add four (4) LIFEPAK 15s and five (5) LIFEPAK 1000s to the maintenance contract; and WHEREAS, the current cost of the five (5) year Agreement is $134,866.33, payable in annual installments through the Agreement expiration date of September 30, 2015; and WHEREAS, the additional equipment will increase the service support amount by $10,975.27, through the Agreement expiration date of September 30, 2015, to a new total of $145,841.61: NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager and City Clerk to execute an amendment to the Technical Service Support Agreement between the City and Physio-Control, Inc., adding coverage for an additional four (4) LIFEPAK 15s and five (5) LIFEPAK 1000s, in the amount of $10,975.27, for a new total Technical Service Support Agreement amount of $145,841.61. PASSED AND ADOPTED this ___ day of ____ 2014. ATTEST: Rafael Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2014\January15\Procurement1Amend Technical Service Support Agreement PhysioControl-RIJ5!88Q~D AS TO FORM & LANGUAGE & FOR EXECUTION 184 TECHNICAL SERVICE SUPPORT AGREEMENT ADDENDUM Contract Number: PB15B041 End User# 02760002 Bill To# 02760002 PHYSIO CONTROL CITY OF MIAMI BEACH FIRE & RESCUE CITY OF MIAMI BEACH FIRE & RESCUE 2300 PINE TREE DR MIAMI BEACH, FL 33140 2300 PINE TREE DR MIAMI BEACH, FL 33140 This Technical Service Support Agreement begins on 6/I/20 10 and expires on 9/30/2015. The designated Covered Equipment and/or Software is listed on Schedule A This Technical Service Agreement is subject to the Tenns and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Physio-Control's Data Management Support and Upgrade Service Tenns and Conditions, rev 7/99-l. Price of coverage specified on Schedule A is $145,841.61 per tenn, payable in Annual installments. This price represents an adjustment of $l0,975.27 based on this contract's previous price of $134,866.33 Special Tenns 15% DISCOUNT ON ALL ELECTRODES 15% DISCOUNT ON ACCESSORIES Accepted: Physio-Control, Inc. By: Title: Customer: By: Print: Date: Title: ------------------------------------------ Territory Rep: EA VV67 Miguel Rodriguez Phone: FAX: 800-772-3340 185 Date: Purchase Order Number: PB15B041 Customer Contact: Chief Francois Betancourt Phone: 305.673.7130 FAX: 305.673.7881 Reference Number: V67-1124 Printed: 12/27/2013 Addendum Page 1 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS Customer's signature on this Agreement or a valid purchase order referencing this Technical Service Support Agreement is required prior to Physic-Control's acceptance and performance of this Agreement. This Agreement covers only the equipment listed on Schedule A ("Covered Equipment"). These terms constitute the complete agreement between the parties and they shall govern over any other documents, including Customer's purchase order. These terms may not be revised in any manner without the prior written consent of Physio-Control. SERVICES. The Services pro11ided under this Agreement are set forth on Schedule A. Physic-Control strives, but does not guarantee, to return service calls within two (2) hours and to resolve service issues within twenty-four (24) hours. Following Services, Physic-Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. The following Services are available and further described as they relate to each specific Physic-Control device on Schedule B: "Repair Plus Service" or "Repair Only Service" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, subject to Exclusions (as set forth below). "Preventative Maintenance" or "Inspection Only Service" means inspection and adjustment to maintain Covered Equipment in satisfactory operating condition. Inspections include tests, measurements, and a thirty-point evaluation of Covered Equipment. Covered Equipment is properly calibrated, mechanical operations are checked and adjusted, if necessary, and output measurements are verified to function properly. Electrical safety checks are also performed in accordance with National Fire Protection Association (NFPA) guidelines. Preventative Maintenance and Inspection Only Service are subject to Exclusions. "Comprehensive Service" or "Repair & Inspect Service" means repairs, Battery Replacement Service, parts and labOr necessary to restore Covered Equipment to original specifications, and inspections to verify proper device calibration, mechanical operations and output measurements, electrical safety check in accordance with NFPA guidelines, and Updates (as set forth below), subject to Exclusions. "Battery Replacement Service" means replacement of batteries on a one-for-one, like-for-like basis, up to the number of batteries and/or devices listed in Schedule A Only batteries manufactured or distributed by Physio-Control are eligible for replacement. Battery replacement is available upon Customer notification to Physio-Control ofthe occurrence of: (i) battery failure as determined by Customer's performance testing and evaluaUon in accordance with the applicable Operating Instructions: or (ii) the end of the useful life of the battery as set forth in the applicable Operating Instructions. At the discretion of Physio-Control, battery replacement shall be effected by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio-Control Service Technician. Upon Customer's receipt of a replacement battery, the battery being replaced shall become the property of Physio-Control, and Customer must return the battery being replaced to Physio-Control for proper disposal. In the event that Physio-Control does not receive the battery being replaced. Physio-Control will invoice Customer the then-current rate for the replacement battery. "On-Site Service" means that a Physio-Control factory-trained technician will pro11ide Services at Customer's location. Services will be performed between 8:00am and 5:00pm local time, Monday through Friday, excluding holidays. Customer is to ensure Covered Equipment is available for Services at scheduled times. Some Services may not be completed On-Site. Physio-Control will cover travel and/or round-trip freight for Covered Equipment that must be sent to our designated facility for repair. "Ship-In Service" means that Services will be performed at Physio-Control's designated facility. Physio-Control will cover round-trip freight for Covered Equipment that is sent to our designated facility for Services. If Covered Equipment is not available when Services are scheduled or Customer requests services or goods not covered by this Agreement or outside of designated Services frequency or hours, Physio-Control will charge Customer for such services at 10% off Physic-Control's standard rates (including overtime, if appropriate) and applicable travel costs in addition to the contract price. Repair parts required for such repairs will be made available at 15% off the then-current list price. EXCLUSIONS. Unless otherwise specified. Services do not include the following Exclusions: l supply or repair of accessories or disposables repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, acts of God, and use of batteries, electrodes, or other products not distributed by Physio-Control [ case changes repair or replacement of items not originally distributed or installed by Physic-Control Upgrades, and installation of Upgrades battery maintenance, performance testing, evaluation, remo11al, and recycling LOANERS. If Covered Equipment must be removed from use to complete Services, Physio-Control will provide Customer with a loaner device, if one is available, until the Covered Equipment is returned. Customer assumes complete responsibility for the loaner 186 Reference Number: V67-1124 Printed: 12/27/2013 Addendum Page 2 of 10 and shall return the loaner at Customer's expense to Physio-Control in the same condition as received, upon the earlier of the return of the removed Covered Equipment or Physio-Control's request UPDATES. "Update" means a change to a device to enhance its current features, stability, or software. If Comprehensive Service or Repair & Inspect Service is designated for Covered Equipment on Schedule A, Physio-Control will install Updates at no additional cost. provided such Updates are installed at the time of regularly scheduled Services. Updates installed on Covered Equipment designated on Schedule A as Repair Plus Service, Repair Only Service, Preventative Maintenance Service, Inspection Only Service, or at a time other than regularly scheduled Comprehensive Service or Repair & Inspect Service, will be billed on a separate invoice at 20% off the then-current list price of the Update. For all Service plans, if parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then--current list price. UPGRADES. "Upgrade" means a major, standalone version of software or the addition of features or capabilities to a device. For all Service plans. Upgrades must be purchased separately and are not provided under this Agreement Upgrades are available at a rate of 17% off the then--current list price. PRICING. Pricing is set forth on the first page of this Agreement, or in the Quote and/or Invoice for the Services purchased. Prices do not indude taxes. Sales, service or use taxes will be invoiced in addition to the price of the goods and Services covered by this Agreement unless Physio-Control receives a copy of a valid exemption certificate. If the number or configuration of Covered Equipment changes during the Term, pricing shall be pro-rated accordingly. For Preventative Maintenance Service, Inspection Only Service, Comprehensive Service, and Repair & Inspect Service, no pricing deduction will be made for removal of Covered Equipment if preventative maintenance and inspection have already been performed during the Term and no further preventative maintenance and inspection are scheduled to occur. Discounts may not be combined with other special terms. discounts, and/or promotions. PAYMENT. Payment is due within thirty (30) days of invoice date. WARRANTY. Physic-Control warrants Services performed under this Agreement and repair/replacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date Services were performed or a repairfreplacement part was provided. Customer's sole remedy shall be reservicing the affected Covered Equipment and/or replacement of any part determined to be defective, without additional charge, provided Customer notifies Physic-Control of any allegedly defective condition within ten (10) calendar days of its discovery by Customer. Physic-Control makes no other warranties. express or implied, induding, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. TERM. The Term of this Agreement is set forth on the first page of this document, or in the Quote and/or Invoice for the Services purchased. This Agreement shall automatically renew unless terminated by either party with written notice thirty (30) days prior to the expiration of the then-current Term. Prices are subject to change upon renewal. TERMINATION. Either party may terminate this Agreement for material breach by the other party by providing thirty (30) days' written notice to the other party, and provided such breach is not cured within the notice period~ In addition, either party may terminate this Agreement at any time upon sixty (60) days' prior written notice to the other party. In the event of such early termination by Customer. Customer shall be responsible for the portion of the designated price which corresponds to the portion of the Term prior to the effective date of termination and the list-price cost of any preventative maintenance. inspections, or repairs rendered during the Term. DELAYS. Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its perfonmance resulting from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, tabor shortages, the requirements of any governmental authority, war, civil unrest. delays in manufacture, obtaining any required license or permit, and Physio-Controt's inability to obtain goods from its usual sources. Arly such delay shall not be considered a breach of Physic-Control's obligations and the performance dates shall be extended for the length of such delay. DEVICE INSPECTION BEFORE ACCEPTANCE. Any device that is not covered by either a Physio-Control Limited Warranty or a current Physio-Control Technical Service Support Agreement must be inspected and repaired (if necessary) to meet original specifications at then-current list prices prior to being covered under a Technical Service Support Agreement. Physic-Control reserves the right to refuse to support any device that has been remanufactured by a company other than Physio-Control. MISCELLANEOUS. (a) During the Term of this Agreement and for one (1) year following its expiration, without Physio-Control's prior written consent, Customer agrees to not to solicit or offer employment to anyone who is employed by Physic-Control to provide Services such as those described in this Agreement; (b) this Agreement, and any related obligation of other party, may not be assigned in whole or in part without the prior written consent of the other party: (c) this Agreement shall be governed by the taws of the State in which the Services are provided; (d) all costs and expenses incurred by the prevailing party related to the enforcement of its rights under this Agreement, including reasonable attorney's fees, shall be reimbursed by the other party. 187 Reference Number: V67-ll24 Printed: 12/27/2013 Addendum Page 3 of 10 PHYSIO·CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: PB15B041 Servicing Rep: District: Phone: FAX: Miguel Rodriguez, EA VV67 SOUTHEAST 800-772-3340 Equipment Location: CITY OF MIAMI BEACH FIRE &, 02760002 Scope Of Service Model LIFEPAKI)j) 1000 LIFEPAK®IOOO LIFEPAK®IOOO LIFEPAK®IOOO LIFEPAK1VIOOO Scope Of Service Model LIFEP AK® I 000 LIFEP AK® I 000 LIFEPAK® I 000 LIFEPAK®IOOO L!FEP AK® !000 Scope Of Service Model RESCUE 2300 PINE TREE DR MIAMI BEACH, FL 33140 On Site Comprehensive Coverage Ref. Effective Part Nwnber Serial Number Line Date 320371500229 41483268 46** 111/2014 320371500229 41483269 47** 111/2014 320371500229 41483270 48 .. 111/2014 320371500229 41483271 49** 1/1/2014 320371500229 41483272 so·· 1/1/2014 On Site Inspection Only-1 Inspection per Year:M-F/8-5 Ref. Effective Part Number Serial Number Line Date 320371500021 34983222 18** 10/1/2010 32037150002 I 34983223 19** 101112010 320371500021 34983224 20** 10/112010 320371500021 34983225 21** 1011/2010 320371500021 34983226 22 .. 1011/2010 On Site Repair and 1 On Site Inspection per Year:M-F/8-5 Ref. Effective Part Number Serial Nwnber Ljne Date VLP 12-02-007228 36999239 9 10/1/2010 Expiration Da(C 913012015 913012015 9/3012015 9/30/2015 9/30/2015 Expiration Date 9/30/2015 9/30/2015 9130/2015 9/3012015 913012015 Expiration Date 9/30/2015 Total Inspections Total Inspections 5 5 5 5 5 Total Inspections 5 LIFEPAK~ 12 UFEPAK~ 12 UFEPAK® 12 l.TFEPAK® 12 UFEPAK® 12 Lll'EPAK® 12 LIFEPAK® 12 LIFEPAK® 12 LIFEPAK® 12 UFEPAK® IS UFEPAK~ 15 VLP 12-02-007228 36999240 10 10/1/2010 10/17/2010 VLP 12-02-005985 34955176 11*' l0/JI2010 4/1/2013 2 VLP 12-02-005985 34955180 12** 10/l/20 10 9130/2015 5 VLP 12-02-003974 31485869 13** 10/1!20 10 913012015 5 VLP 12-02-003974 31485870 14 .. 10/112010 9/3012015 5 VLP 12-02-002379 13453048 15 .. 10/1/2010 9/30/2015 5 VLP 12-02-000741 12119146 16 .. 10/1/2010 9/30 12015 s VLP 12-02-000741 12119147 17** 10/l/2010 9/30/2015 5 VlS-2-001603 41257104 42'* 4/15/2014 9/30/2015 VIS-2-000051 40160124 43'* 1/112014 9/30/2015 Reference Number: V67-1124 Addendum Printed: 12/2712013 Page 4 of 10 188 LIFEPAK~· 15 V15-2-0011i03 41469439 44** 11112014 9/30/2015 LIFEPAK~ 15 V15-2-0011i03 41257160 45** 411 5!2014 9/30/2015 LIFEP AK~ 500 30 11790-000 I 13 13604947 23** 10/1/2010 9/30/20 I 5 LIFEPAK® 500 30 11790-000 I IJ 13802778 24*' 10/1/2010 913012015 LIFEPAK® 500 3011790-000113 13802779 25** 10/112010 913012015 LIFEPAK® 500 3011790-000113 13802781 26** 10/1/2010 9/3012015 LIFEPAK® 500 3011790-000113 13805762 27** 10/1/2010 913012015 LIFEPAK® 500 3011790-000113 13840902 28** 10/1/2010 9/30/2015 LIFEPAK® 500 3011790-000113 13840905 29** 10/1/2010 9/3012015 LIFEPAK® 500 3011790-000113 13840906 30** 10/1/2010 913012015 LIFEPAK® 500 3011790-000 I 13 13840908 31*" 10/1/2010 913012015 LIFEPAK® 500 3011790-000113 13840938 32** 101112010 913012015 LIFEPAK® 500 3011790-000113 13840939 33** 10/112010 9130/2015 LIFEP AK® 500 3011790-000113 13840940 34** 101112010 9/30/2015 LIFEPAK:E 500 3011790-000113 13840941 35** !Oil 12010 9/30/2015 Scope Of Service On Site Repair Only: M-F/8-5 Ref. Effective Expiration Model Part Number Serial Number Line Date Dale BA TIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433192 36** 10/1/2010 9r30/2015 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433193 37'* 10/1/2010 9/30/2015 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436370 38** 10/112010 9/30/2015 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436372 39** 10/1/2010 9/3012015 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436373 40** 101112010 9!30!2015 Scope Of Service POS LP15 On Site Repair and I Insp per Year:M-F/8-5 Ref. Effective Expiration Model Part Number Serial N wnber Line Date Date LIFEPAK:1l! 15 V15-2-000051 39054727 41** 8/29/2010 9/30/2015 LIFEPAK:1l! 15 Vl5-2-000051 38560013 3 6/1/2010 9130/2015 LIFEPAK!li; 15 Vl5-2-00005! 38560014 4 6/1/2010 9/30/2015 LIFEPAK!li; 15 Vl5-2-000051 38560018 5 6/1!2010 9130!2015 LIFEPAK® 15 VIS-2-000051 38560030 6 61112010 913012015 LIFEPAK® 15 VIS-2-000051 38560032 7 6/112010 9/3012015 LlFEPAK® 15 VIS-2-000051 38560033 8 61112010 913012015 LIFEPAK® 15 V15-2-000051 38537164 6/1/2010 9!3012015 LIFEPAK® 15 Vl5-2-000051 38553545 2 6/l/2010 9/3012015 •• Denotes an inventory line that has changed since the last contract revision or addendum. Reference Number: V67-1124 Printed: 12/27/2013 189 5 5 5 5 5 5 5 Total Inspections 0 0 0 () 0 Total Inspections 5 5 5 5 5 5 5 Addendum Page 5 of 10 MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: PB15B041 Additional Items Service Type Item Quantity Start Date CASE CHANGE LP12/15/20 CASE CHG 6-10 10 6/1/2010 •• Denotes an additional item line that has changed since the last contract revision or addendum. 190 Reference Number: V67-1124 Printed: 12/27/2013 End Date 9/30/2015 Addendum Page 6 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 12 Defibrillator/Monitor Repair Service includes: • Standard detachable hard paddle repairs. • Power Adapter repair/replacement • Replacement of faik-d internal coin cell batteries. • Preventative replacement of internal coin cell batteries up to the number of coin cell batteries listed in the Additional Items section ofSchcdulc A according to Physio-Control service specifications. • Battery Coverage • Replacement of four (4) Physio-Control FASTPAK®, FASTPAK 2, LIFEPAK SLA, LIFEPAK NiCd Battery every two years, or upon battery failure; OR • Replacement of three (3) LTFEPAK Li-ion Batteries every two years, or upon battery failure. LIFEPAK® 15 Monitor/Defibrillator Services LIFEPAK® 15 Monitor/Defibrillator Repair & Inspect Service · Inspections at intervals set forth on Schedule A · Parts and labor necessary to restore device to original specifications, subject to Exclusions · Standard detachable hard paddles repair or replacement · REDI-CHARGE® battery charger (Catalog# 11141-000115) repair or replacement of one for each LIFEP AK 15 Monitor/Detibrillator listed in Schedule A and as determined necessary by Physio-Control · Power Adapter repair or replacement · Battery Replacement Service o Replacement of three (3) LIFEPAK Lithium-ion batteries every two (2) years, or upon battery failure ·Updates instalkd at no additional cost, provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of30% off the then-current list price. LIFEPAK® 15 Monitor/Defibrillator Repair Only Service · Parts and labor necessary to restore device to original specifications, subject to Exclusions · Standard detachable hard paddles repair or replacement · REDI-CHARGE® battery charger (Catalog# 11141-000115) repair or replacement of one for each LlFEPAK 15 Monitor/Defibrillator listed in Schedule A and as determined necessary by Physio-Control · Power Adapter repair or replacement · Battery Replacement Service o Replacement of three (3) LIFEP AK Lithium-ion batteries every two (2) years, or upon battery failure · Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then-current list price. LIFEP AK@ 15 Monitor/Defibrillator Inspection Only Service · Inspections at intervals set forth on Schedule A · Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then-current list price. 191 Reference Number: V67-ll24 Printed: 12/27/2013 Addendum Page 7 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULES LTFEPAK® 500 AED R.:pair Service includes: • QUIK-COMBQTM Patient Simulators repair/replacement. • Replacement or repair ofPhysio-Control battery chargers on a one-for-one basis with the total number of LIFEPAK 500 AEDs listed on Schedule A, and as determined necessary by Physio-Control. • Battery Coverage o Replacement of up to one (I) UFEPAK 500 SLA Battery Pak every year for each LIFEPAK 500 AED listed on Schedule A, or upon battery failure; OR o Replacement of up to one (I) LJFEP AK 500 Li-S02 Battery Pak every five (5) years for each LIFEPAK 500 AED listed on Schedule A, or upon battery failure. 192 Reference Number: V67-ll24 Printed: 12/27/2013 Addendum Page 8 of 10 PHYSIO~CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULER UFEPAK® 1000 AED Inspection-Only with Battery Replacement Service includes: • Periodic inspections as set forth on Schedule A. • Updates installed a no additional cost provided such Updates are installed at the time of regularly scheduled service. If parts must be repla.:ed to accommodate installation of new software, such parts may be purchased at a rate of 50% less than the then-current list price. Updates installed at a time other than regularly scheduled service will be billed on a separate invoice at the then-current list price less 20%. • Battery Coverage o Replacement of up to one (I) LIFEPAK 1000 Rechargeable Battery Pak every two (2) years, or upon failure; OR o Replacement of up to one (I) LIFEPAK 1000 Li-ion Battery Pak every five (5) years for each LIFEPAK 1000 AED listed on Schedule A, or upon failure. 193 Reference Number: V67-1124 Printed: 12/27/2013 Addendum Page 9 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULEB LIFEP AK@ 1000 Automated External Defibrillator Services LIFEPAK@ 1000 AED Comprehensive Service • Preventative maintenance and inspections at intervals set forth on Schedule A • Parts and labor necessary to restore device to original specifications, subject to Exclusions • QUIK-COMBO® Patient Simulator repair or replacement of one for each LIFEPAK 1000 AED listed on Schedule A and as determined necessary by Physio-Control • LIFEPAK 1000 Defibrillator Battery Charger repair or replacement of one for each LIFEPAK 1000 AED listed on Schedule A and as determined necessary by Physio-Control • Battery Replacement Service o Replacement of up to one (1) LIFEP AK 1000 Defibrillator Rechargeable Battery Pak every two (2) years for each LIFEP AK 1000 AED listed on Schedule A, or upon battery failure; or o Replacement of up to one (1) LIFEPAK 1000 Defibrillator Lithium-ion Battery Pak every five (5) years for each LIFEP AK 1000 AED listed on Schedule A, or upon battery failure • Updates installed at no additional cost, provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of30% off the then-current list price. LIFEPAK@ 1000 AED Repair Plus Service • Parts and labor necessary to restore device to original specifications, subject to Exclusions • QUIK-COMBO® Patient Simulator repair or replacement of one for each LIFEPAK 1000 AED listed on Schedule A and as determined necessary by Physio-Control • LIFEP AK 1000 Defibrillator Battery Charger repair or replacement of one for each LIFEP AK 1000 AED listed on Schedule A and as determined necessary by Physio-Control • Battery Replacement Service o Replacement of up to one (1) LlFEPAK 1000 Defibrillator Rechargeable Battery Pak every two (2) years for each LIFEP AK 1000 AED listed on Schedule A, or upon battery failure; or o Replacement of up to one (1) LIFEPAK 1000 Defibrillator Lithium-ion Battery Pak every five (5) years for each LIFEP AK I 000 AED listed on Schedule A, or upon battery failure • Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. lf parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% ofi the then-current list price. LIFEPAK@ 1000 AED Preventative Maintenance Service • Preventative maintenance and inspections at intervals set forth on Schedule A • Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then-current list price. 194 Reference Number: V67-1124 Printed: 12/27/2013 Addendum Page 10 of 10 PHONE www.physio ·control.com November 18, 2013 Frank Betancourt, EMS Division Chief Miami Beach Fire Department, Rescue Division 2300 Pinetree Drive Miami Beach, FL 33140 Dear EMS Division Chief Betancourt: • In response to your recent request, I am writing to confirm that Physio-Control, Inc. is the sole source provider in your marketplace for: • New LIFEPA~ devices • Our factory refurbished line of RELI devices • LIFENE-r® Data Management Solutions • The LUCAS® Chest Compression System • Factory-authorized inspection and repair seNices which include repair parts, upgrades, inspections, and repairs Physio-Control does not utilize the seNices of any authorized resellers in the sale of these products and services in your marketplace. Best regards, Associate Contract Analyst Physio-Control, Inc. 11811 Willows Road NE Redmond, WA 98052-2003 195 I RESOLUTION NOj 2010--27387 A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF MIAMI BEACH, FLORIDA, FINOJ-NG-ANt) -DECLARING TKAl--l"HtSJS'-~ SOI;;E~CE--JJROCUREMENT PURSUANT-TO-SECTrO_N_ 2-361-{d) OF T.HE-GR"¥--C---90E.-AND AUTHORIZING THE CITY MANAGER AND THE Cln' CLERK TO AMEND AND EXECUTE THE TECHNICAL SERVIGE SUPPORT AGREEMENT BETWEEN THE CITY AND PHSYIO CONTROL, INC., -CURRENTLY SET TO EXPIRE ON SEPTEMBER 30,.2010; ALLOWING THE NEW TERM TO COMMENCE ON JUNE 1, ~010, AND END ON SEPTEMBER 30, 2015, IN THE ESTIMATED ANNUAL AMOUNT OF $26,974; ADDING COVERAGE FOR AN ADDITIONAl. TWO (2) UFEPAK 12 MONITOR/DEFIBRILLATORS THAT ARE NO L.ONGER UNDER WARRANTY, AND ONE (1) ADDITIONAL AUTOMArED EXTERNAL DEFIBRILLATOR (A-ED) NOT PREVIOUSLY COVERED IN THE AGREEMENT; AND FURTHER ADDING COVERAGE FOR EIGHT (8) LIFEPAK 15 MONITOR/DEFIBRILLATORS, OF WHICH THE FACTORY WARRANTY WILL EXPIRE IN JANUARY, 2011. WHEREAS, the Fire Department has used Physio Controi/Medtronic Defibrillators/Monitors and Automated External Defibrillators {AEO's) exclusively for the past twenty-five years; and WHEREAS, to protect the City from excessive maintenance costs, the AdmW1istration has entered into an annual Technical Service Support Agreement with the manufacturer for the past twenty years; and WHEREAS, the first annual installment on the ·proposed 5-year extension, is due in Octobef,. 201 0 for FY 2-011, and will cover an additional three (3) devices as well as ei_ght (8) Lifep'ak 15 Monitor/Defibrillators that will have the factory warranty expire during FY 201-0/2011; and · WHEREAS, this 5-year extension will provide cost certainty on subsequent annual installments through Fiscal Year 2014/2.015; and WHEREAS, Physic Control, Inc., a division of Medtrontc, Inc., is the only source from which to obtain the Lifepak defibrillator/monitor family of products, including accessories, repair parts and upgrades, remanufactured devices, and services in Florida; and WHEREAS, Physio Control, the manufacturer, is the only viabl~ entity that can maintain the above· mentioned defibrillator equipment and therefore, the Technical Service- Support Agreement with Physic Control is considered a sole sour-ce procurement pursuant to the City Code; and · WHEREAS, the .City Manager concurs with the Amendment to the Agreement NOW, THEREFORE, BE IT DULY R€SOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City COmmission adopt the attached resolution finding and declaring that this is a sole 196 SQUFCe -procurement purSuant to Sectk>n 2-367 (d) of the City Code, and authorize the City. Manager and City Clerk to amend and execute the Technical Service Agr.eement between the City and Physio Control, Inc., allowing the new term to eommence on June 1, 2010 and end on September 30, 2015, in the estimated annual amount of $26,974; adding coverage for an additional two (2) .Lifepak 12 monitor/defibrillators that are no longer under warranty, and one (1) additional automated external defibrillator {A€0) not previously mvered in the Agreement; and further add coverage for eight (8) Lifepak 15 . monitor/defibrillators, of which the factory warranty will expire in January, 2011. PASSED and ADOPTED this /6 tk day of _11t~a.;_~.:;.pf-----· 2010. ATTEST: CITY CLERK T:\AGENDA\201 0\May 12\Consent\Physio Control Reso.doc 197 APPROVED AS TO FORM & LANGUAGE . 6 FOREXECUilON .. ,'(~ ~ -J6-\ () ~~~~~~-Da~ · GOMMISSK>N llEM SUMMARY Condensed Title: A Resolution For The Sole Source Procurement Pursuant To Section 2-367{d) Of The City Code Authorizing The City Manager And City Clerk To Amend And Execute The Technical Service Support Agreement Between The City And Physio Control, Inc. · Key Intended Outcome Supported: Increase resident ratings of public safety services Supporting Data (Surveys, Environmental Scan, etc.): 96.8% of the residents responding to the 2009 Community Satisfaction Survey rated the Fire Department services as Excellent or Good; and 95.5% rated .EmerQencv Medical Response as Excellent or Good. Issue: · Shall the City Commission adopt the resolution? Item Summary/Recommendation: The Fire Department has used Physio Controi/MedtronicOefibrillators/Monitors and Automated -External Defibrillators (AED's) exclusively for the-past twenty-five years. To protect the City fr-om excessive maintenance costs, the Administration has entered into an annual Technical Service Support· Agre~ment with the manufacturer for the past twenty years. The first annual installment on the proposed 5-year extension, is due in October, 2010 for FY 2011, and will cover an additional three (3) devices as well as eight(B) Lifepak 15 Monitor/Defibrillators that will have the factory warranty_ expire during FY 2010-2011. This 5-year extension will provide cost certainty on subsequent annual installments thr-pugh Fiscal Year 2014/2015. Physio Control, Inc, a division of Medtronic, Inc., is the only source from which to obtain the Lifepak defibrillator/monitor family of produ<:ts, including accessories, repair parts and upgrades, remanufactured devices, and servie:es in Florida. The manufacturer, Physio Control, Inc., is the only viable entity that can maintain the above mentioned defibrillator ~quipment. Therefore, the Technical Service Support Agreement with Physlo Control is considered a sole source procurement pursuant to the City Code. ADOPT THE RESOLUTION . . Advisory Board Recommendation: IN/A Financial Information· Source of Amount Account Approved Funds: D 1 2 3 'OBPI Total :financial Impact Summary: The cost of this 5-year agreement is $134,866.33. payable in annual installments, with no payment due for the remainder of FY 2010. The initial annual installment of $26,974 due in October 2010for FY 2011, has been requested through the 2011 budgeting process for Account No. 011-1220-000325 Contract Maintenance Public Safety. Isla live Trackin · ment Director MIAMI B-EACH JMG 198 ~~genda Item ~ l ,Pate" S'-rz-to • MIAM1 BEAC.H City of Miami Beach, 1700 Convention Cenler Drive, Miomi Beoch, Florida 33139, www.miomibeachfl.gov COMMilTEE MEMORANDUM TO: Mayor Matti Sower and Members of the City-commission FROM: Jorge M. Gonzalez, City Manager DA~: May12,2010 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING AND DECLARING THAT THIS IS A SOLE SOURCE PROCUREMENT PURSUANT TO SECTION 2·367 (d) OF THE CITY CODE, AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO AMEND AND EXECUTE THE TECHNICAL SERVICE SUPPORT AGREEMENT BETWEEN THE CITY AND PHSYIO CONTROL, INC., CURRENTLY SET TO EXPIRE ON SEPTEMBER 30, 2010; ALLOWING THE NEW TERM TO COMMENCE ON JUNE 1, 2010, AND END ON SEPTEMBER 30, 2015,1N THE · ESTIMATED ANNUAL AMOUNT OF $26,974; ADDING COVERAGE FOR AN ADDITIONAL TWO (2) LIFEPAK 12 MONITOR/DEFIBRILLATORS THAT ARE NO LONGER UNDER WARRANTY. AND ONE (1) ADDITIONAL AUTOMATED -EXTERNAL DEFIBRILLATOR (AED) NOT PREVIOUSLY COVERED IN THE . AGREEMENT; AND-FURTH1:R ADDING COVERAGE FOR EIGHT (8) LIFEPAK 15 MONITOR/DEFIBRILLATORS, OF WHICH THE FACTORY WARRANTY WILL EXPIRE IN JANUARY, 2011. ADMINISTRATION RECOMMENDATION Adopt the. Resolution KEY INTENDED OUCOME SUPPORTED Increase resident ratings of public safety services FUNDING The cost of this 5-year agreement is $134,866.33, payable in annual installments, with no payment due for the remainder of FY 2010. The initial annual installment due in October 2.010 for FY 2011 has been requested through the 2011 budgeting process for Account No. 011-1220-000325 Contract Maintenance, Public Safety. ANALYSIS The Fire Department has used Physic Controi/Medtronic Deftbrillators/Monitprs and Automated External Defibrillators (AE.O's) exclusively for the past twenty-five years. To protect the City from excessive maintenance costs, the Administration has entered into an annual Technical Service Support Agreement with the manufacturer for the past twenty 199 years. The annual cost of the Technieal Service Agreement has averaged $25,200 over the past three (3) ftscal years, including $26,444 for the current fiscal year. · The first annual installment on the -proposed 5-year extension, is due in October, 2010 for FY 2011, and will cover an additional th~ (3) devices as well as eight {8) Lifepak 15 Monitor/Defibrillators that will have ttte factory warranty expire during FY 2010-2011. This 5- year extension will provide cost certainty on subsequent annual installments through Fiscal Year 2014/2015. · Physio Control, a division of MedtroniC, Inc., is the only source from which to obtain the lifepak defibrillator/monitor family of products, including accessories, repair parts and iJpgrades, remanufactured devices, and services in Florida. Physio Control does not utilize the services of any authorized dealers or distributors in the sale of its products in this market Physio Control, the manufacturer, is the only viable. entity that can maintain the above mentioned defibrillator equipment. Therefore, the Technical Service Support Agreement with Physio Control is considered a sore· source procurement pursuant to the City Code. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution finding and declaring that this is a sole source procurement pursuant to Section 2-367.(d) of the City Code, and authorize the City Manager and the CityCierktoamend and execute the Technical Service Support Agreement between the City and Physio Control, Inc., allowing the new term to commence on June 1, 2010, and end on September 20, 2015, in the estimated. annual amount of $26,974; adding coverage for an additional two (2) Lifepak 12 monitor/defibrillators that are no longer under warranty, and one (1) additional automated eKternal defibrillator (AED) not previously covered irn the Agreement; and further add coverage for eight (8) Lifepak 15 monitor/defibrillators, of which the factory warranty will expire in January, 2011. T:\AGENDA\20 1 0\May 12\Consent\Physlo Control Memo.doc 200 TECHNICAL SERVICE SUPPORT AGREEMENT Contract Number: End User# 02760002 CITY OF MIAMI BEACH FIRE & RESCUE 2300 PINE TREE DRIVE MIAMI BEACH, FL 33139 Bill To# 00095401 MIA1vli BEACH FIRE DEPT 1680 MERIDIAN AVE STE203 MIAMI BEACH, FL 33139 This Technical Service Support Agreement begins on 6/112010 and expires on 9/3012015. PHYSIO CONTROL The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Physio-Control's Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $134,866.33 per term, payable in Annual installments. Special Terms 10% DISCOUNT ON ACCESSORIES TillS CONTRACT ALSO INCLUDES REPAIR ONLY COVERAGE FOR LP15 BATTERY CHARGERS Accepted: Physic-Control, Inc. Customer: --~--~~----------------------------- By: 5f!L By~~ =Ti=tle=: =:a:-re.::J:~::,::~:ro:bJ====~==v•=ce...======= Print(TWG m~ _D_ate_: ----=OG=A-'-'() '-.:...;.r,h__;lf);___ _________________ Title: 6}¥ m ~ r14.~e r Date: t,/,( /wtv Territory Rep: EA VV57 Colon, Adalid APPROVED AS TO Phone: 8004421142 x24p!{)RM & LANGUAGE FAX: 800-772-3340 & F EXECUTION } I Purchase Order Number: Customer Contact: Chief Chris Parrino Phone: 305.673.7130 FAX: 305.673.7881 Reference Number: V57-2472 Printed: 6/4/2010 New Page 1 of 11 ... PHYSIO.CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDffiONS RENEWAL. TERMS Physic-Control, Inc.'s ("Physio.COntrol") ac:ceplance of CLJStomer's Technical Service Support Agreement is expressly conditioned on Customers assent to ltle terms set torth in this document and its attachments. Physic-Control agrees to fum ish the services ordered by Customer only on these terms, and Customer's acceptance of any portion ot the goods and seiVices covered by this document shall confirm their acceptance by Customer. These lerms ccnslilute the complete agreement between the parties and they shall govem. any confiicting or ambiguous terms on Customer's purchase order or on other documents submitted to Physio·Control by Customer. These terms may not be revised in any manner without the prior written consent of an officer of Physio-Contro!. REPAIR SERVICES If "Repaif" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered Equipment, aU· repair parts and materials required, all required Physic-Control service technician labor, and all related travel expenses. For offslte (ship-in) services, units will be retumed·to Customer by Physio·Control freight prepaid. INSPECTION SERVICES If 'Inspection" services are designated, subject to lhe Exclusions identified below, they shall include, for the designated Covered· Equipment, verification of proper instrument calibration, verification that instrument mechanical operations and output measurements are consistent with applicable product specifications, performance of an electrical safety check in accordance with National Fire a11d Protec~on Guidelines, all required Physic-Control service technician labor and all related travel e:xpenses. For offsile (ship-in) services, units will be returned to Customer by Physib-Control freight prepaid. DOCUMENTATION Following each Repair and/or Inspection, Physio·Control will provide Customer with a written report of actions taken or recommended and identltlcation of any materials replaced or recommended lor replacement. LOANERS If a Physic-Control product is designated as a unit of C011ered Equipment for Repair Services and needs to be removed from service to complete repairs, an appropriate Loaner unit wifl be provided, if available, until the removed unit is returned. Customer assumes complete responsibility for the Loaner and shall retum the Loaner to Physic-Control in the same condition as received, at Customer's expense, upon the earlier of the return of the removed unit or Physio·Control's request · EXCLUSIONS This Technical Sef\lice Support Agreement does not include: supply or repair of accessories or disposables (e.g., patient cables, recorder paper, etc.); repair ot damage caused by misuse. abuse, abnormal ope~ating conditions, operator errors, and/or acts of God; repairs to return an instrument to normal operating equipment at the time of initial service by Physic-Control under this Technical Service Support Agreement: case changes; repalr-or replacement of items not originally distributed or installed by Physic-Control; and e:xclusions.on Schedule 8 to this Technical Service Support Agreement, if IYlY, which apply to Covered Equipment SCHEDULE SERVICES Designated Repair and Inspections Services will be pertormed at the designated service frequency and during designated service hours except where service technicians are rendered unavailable due to mandatory training commitments, in which case Physic-Control will pr,ovida alternate coverage. Customer is to ensure Co11ered Equipment is available for Repair andfor Inspection at scheduled times. If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or if . Physic-Control· is requested to perform Repair or Inspection services not designated in this Technical Service Support Agreement (due to the nature of services selected, instruments iniiOI\Iad not being Covered Equipment, request being outside of designated service frequency or hours, or application of the ExcJusions); Customer shaft reimburse Physio-Contro! at Physio-Control's standard labor rates less 10% (including overtime, if appropriate), plus standard list prices for related parts and materials lass 15%, plus actlolal travel costs incurred. PAYMENT The cost of services performed by Physic-Control shall be payable by Customer within thirty (30} days of Customer's receipt of Physic-Control's Invoice (or such other terms as Physio·Control confirms to Customer in writing). In addition to the cost of services performed, Customer shall pay or reimburse Physic-Control for any ta:xes assessed Physio-Control. if the number or configuration of Covered Equipment is altered during the Term of this Technical Service Support Agreement, lhe price of Sef\lices shall be adjusted accordingly. Reference Number. V57-2472 Printed: 4128/2010 202 New Page 2 of 11 WARRANTY Physic-Control warrants Services performed under this Technical Service Support Agreement and replacement parts provided in perfo1111ing such Services against ctefects in material and workmanship for ninetY (90) days 1rom the data a Service was performed or a part was provided. Customer's sole remedy shall be reservicing the affected unit aild/or replacement of any part determined to be defective, without any additional Customer charge, provided Customer noUfies Physic-Control of any allegedly defective condition within ten (1 0) calendar days of its discovery by Customer. Physic-Control makes no other warranties. express or implied, including, without limitatian, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANO IN" NO EVENT SHALL PHYSIO-cONTROL BE UABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. fERMINATION Either party may terminate this Technical Service Support Agreement at any time upon sixtf (60) days prior written notice to the other, except that Physio-Control may terminate this Technical Service Support Agreement immediately upon Customer's failure to make timely payments for services rendered under this Technical Service Support Agreement. In the event of termination, Customer shall be obligated to reimburse Physic-Control for that portion of the designated price which corresponds to that portion of the Term and the scope of SeNices provided prior to the. effective data of termination. DELAYS Physio-Controt wfll not be liable for any loss or damage of any kind due to its fa~ure to perform or delays in its performance resulting. from any cause beyond its reasonable control, including, but not limited to, acts of God, tabor disputes, labor shortages, the reqoirements of any governmental authority, war, civil unrest, delays in manufacture, obtaiiling ar~y required license or permi~ and Physio-Control's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physic-Control's obligations. and the performance dates shall be extended for !he length of such delay. MISCELLANEOUS a) Customer agrees to not employ or offer employment to anyone performing Services on Physio-Control's behalf during the Tilffi! of this Technical Service Support Agreement or lor one (1) year following its expiration without Physio-Control's prior written consant b} This Technical Service Support Agreement, and any related obligation of other party, may not be assigned in whole or in part without the prior written consent of the other party. c) The rights and obligations of Physia·Control and Customer under this Technical Service Support Agreement shall be governed by the laws of the State in which the service Is provided. All costs and expenses incurred by the prevailing party related to the enforce111ent of· its rights under this document, including reasonable alto may's fses, shall be reimbursed by the other party . ................... .' ................................................................ END ................................................................................... . Reference Number: V57-2472 Princed: 4/28/20 !0 203 New Page 3 of ll Contract Number: Servicing Rep: District: Phone: FAX: PHYSIC-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Colon, Adalid, EA VV57 GULF COAST 8004421142 x2464 800-772-3340 Equipment Location: CITY OF MIAMI BEACH FIRE&, 02760002 Scope Of Service Model UFEPAK®IOOO UFEPAK®IOOO LIFEPAK®!OCO LIFEPAK®!OOO LIFEPAK®IOOO Scope Of Service Model UFEPAK® 12 LIFEPAK® 12 LIFEPAK® 12 LiFEPAK® 12 LlFEPAK® 12 LIFEPAK® 12 LIFEPAK® 12 LJFEPAK® 12 I:.lfEPAK® 12 LJFEPAK® 500 LIFEPAK® 500 LIFEPAK® 500 UPEPAK® 500 L!FEPAK® 500 LIFE~AK®500 LIFEPAK® 500 LIFEPAK® 500 LIFEPAK® 500 LIFEPAK® 500 l:.IFEPAK.® jOQ RESCUE 2300 PINE TREE DRlVE MIAl.\111 BEACH, FL 33139 On Site Inspection Only-1 Inspection per Year:M-F/8-5 Ref. Effective Expiration Part Number Serial Number Line Date Date 320371500021 34983222 18 10/1120 tO 9/3012015 321)371500021 34983223 19 101112010 9/3012015 320371500021 34983224 20 10/112010 9/3012015 320371500021 34983225 21 101112010 9/3012015 320371500021 3498322() 22 10/112010 9/3012015 On Site Repair and 1 On Site Inspection per Year:M-F/8-5 Ref. Effective Expiration P:!n: Number Serial Number Line Date Date VLPI2-0Hl07228 36999239 9 1011120 IO 9/3012015 VLP 12-02-007228 36999240 10 10/l/2010 9130!2015 VLP 12-02·005985 34955176 11 101112010 9/3012015 VLP12-02-005985 349551BO 12 101112010 913012015 VLP12-02-003974 31485869 13 101112010 9/3012015 VLP!l-02-003974 31485870 14 10/112010 9/3012015 VLP12-02-002379 13453048 15 J0/112010 9130/2015 VLPU-02-000741 12119"146 16 10/112010 9/3012015 VLP\2-02-000741 12\19147 17 10/112010 9/3012015 3011790-000113 !3604947 23 t0/11201 0 913012015 301 L 790-000 113 1380'2778 24 10/!12010 9/3012015 30 1 1790-000 l 13 13802779 25 10/112010 9/3012015 3011790-000113 13802781 26 101112010 913012015 3011790-000113 J38057G2 27 101112010 9r3012015 30[ 1790-000113 131!40902 28 10/l/2010 913012015 3011790-000113 13&40905 29 10/1/2010 9/3012015 3011790-000L13 13840906 30 !01112010 913012015 30117~0-000113 13840908 31 10/112010 -913012015 3011790-0001l3 13840938 32 1011/2010 913012015 30!1190-0001 13 13840939 33 10/l/2010 9130/20 !5 Reference Number: V57-2472 Printed: 4/28120 I 0 204 Total Inspections 5 5 5 5 5 Total Inspections s 5 5 5 5 5 5 5 5 s 5 5 New Page 4 of 11 LlFEPA K® 500 301:790-000113 1384094<) 34 10/112010 9/30/2015 5 L!FEPAK® 500 3011790-000113 13840941 35 10!112010 9!3012015 5 Scope Of Service On Site Repair Only: M-F/S-5 • Ref. Effective Expiration Total Model Part Number Seri.~1 Number Line Dale Date Inspections UA TIERY SUPPORT SYSTE.'vi 2 VBS$2-02-000009 30433192 36 10/l/20 10 9/3012015 0 BA TIERY SUPPORT SYSTEM 2 VBSS2-02-000009 3043319J 37 101112010 9/3012015 0 BA TIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436370 38 1011/2010 9/3012015 0 BATIERY SUPPORT SYSTEM 2 YBSS2-02-000009 30436372 39 10/l/2010 W3012015 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 3043()373 40 10/l/2010 9!3012015 0 Scope Of Service POS LP15 5 Year On Site Repair and 1 Insp per Year:M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Lioe Dale Date Inspections LIFEPAK® 15 Yl5-2-000051 38537164 6/112010 9/30!2015 5 LIFEPAK® 15 ¥15-2-000051 38553545 2 6/1/2010 9/3012015 5 LIFEPAK® 15 v 15-2-000051 38560013 3 611/2010 9!3012015 5 LIFEPAK® 15 Vl5-2-00005! 385600t4 4 61!12010 9/3012015 UFEPAK® 15 Yt5-2-000051 38560018 5 6/l/2010 913012015 s LIFEPAK® 15 YIS-2-000051 38560030 6 61112010 913012015 5 L!FEPAK® 15 YI5-2-0000SI 38560032 7 6/1/2010 9/30/20!5 5 LIFEPAK® 15 Y15-2-0000SI 38560033 8 611/2010 9/3012015 5 •• Denotes an inventory line tha: has clulnged since the last conrract revision or addendum. New Reference Number: V57-2472 Printed: 4/28120! 0 Page 5 of ll 205 Contract Number: Additional Items Service Type CASE CHANGE IVIEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Item Quantity Start Date LP12!15/20 CASE CHG 6-10 lO 6/1/2010 •• Oe11oles an additionaJ item line that has changed since the last contract revision or addendum. Reference Number: V57-2472 Printed: 4128/2010 206 End Date 9/3012015 New Page 6 of 11 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREElVIENT SCHEDULEB fNSPECTION ONLY SERVfCES · lf the cl!Stomer requests that repairs be made as determined necessary by the Physio·Conrrol Service Represenlati ve after completion of the inspection, such repairs will be made at Physio-Conrrol's !hen current labor rate less 10%. Pmts required for such repairs will be made available at 15% less than the then current list price for such parts. ·Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the service manual and to replace batteries that do not pass the conditions outlined under "Discarding/Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (:recycied). · ff customer provides evidence that a Pbysio·Conrrol Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Physio-Control shall replace said Physic-Control Banery Pak (like for like) i.e. FASTPAK for FASTPAK, FASTPAK2 for FASTPAK2. LIFEPAK SLA for LIFEPAK SLA, nr LIFEPAK NiCd for LIFEPAK NiCd, up to the maximum amounr of Physio·Conlrol Battery Paks as is specified on Schedule A, every twa years (including prior Support Plan periods). To assist in proper recycling nnd removal of low capacity batteries. replaced Battery Paks become the property of Pb.ysio-Control and must be returned at the time of exchange. · Only batteries manufactured by Physio-Contral are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement Physio-Control cannot guarantee the operation. safety and/or performance of our product when operating with a non-Physio-Contral battery. Repairs and inspections performed under thil Agreement meet original equipment manufacturer's product specifications only when operating with a Physic-Control battery. Any repairs, as determined by a Physio-Conr:rol Service Representative, resulting from the use of a non-Physio·Control battery. will be billed at our standard list prices for parts and labor, including actuu.l travel charges incurred. · Inspections are performed Monday thru Friday Sam to 5pm (ell.cluding holidays) Reference Number: V57-2472 Printed: 4/28/2010 207 New Page 7 of II PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULES L!FEPAK® 12 (LP 12) Defibrillator/Monitor lnciudes: Standard detachable hard paddle repairs LPl2 upgrade installed by Physio-Comrol Technical Services Representative at a rate of 17% less than the then current field-installed list price When listed in Equipment lnventpry, Schedule A, LP 12 Defibrillator/Monitor Includes: AC Power Adapter DC Power Adapter LP 12 Defibrillator/Monitor Excludes: Internal, stcrilizable and pediatric paddles Sp02 sensors and cabres Communication cables Therapy cables Patient cables PCMCIA modems Case changes Discounts wiH not be combined with other special terms, discounts, and/or promotions. Physio-Control FASTPAK®, FASTPAK 2, LlFEPAK SLA, and LIFEPAK NiCd Battery Battery maintenance, performance testing, ev:i.lu<J.tion, removill. recycling, and reptacemenc are the responsibility of the Customer, and should be performed-in accordance with the LP 12 Series Oper<lting Instructions section entitled Discarding/Recycling Batteries. Batteries replacement is available on a one-for-one basis, up to the number of devices listed in Equipment Inventory, Schedule A, upon the earlier of either {j) reported battery f:rilure as detennined by Customer's performance testing and evilluation in accordance with the LP 12 Operating Instructions section en tided Discarding/Recycling Bll.tteries, or (ii) upon completion of the second year of use. Replacement Battery Pale shall be like for like, i.e. FASTPAK for FASTPAK, FASTPAK 2 for FASTPAK 2, etc. During the Term of this Agreement replacement shall occur no more than four times per two year period, notwithstanding prior Support Plans. Battery replacernenc is dependent upon Customer's notice to Physic--Control of the existence of either of the conditions referenced [n (i) and (ii) above. At the discretion ofPhysio-Control, battery replacement shall be effected by sbipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio-Control Servil:e Teclwician. Upon Customer's receipt of replacement battery, the affected battery referenced above shall become the properey of Physic-Control, and must-be returned to Physio-Comrol' for proper disposcl-. In. the event that Physic--Control does not recei"lle the affected battery referenced above, Customer will be charged at the then· current rate_ for the replacement battery. Only batteries manufacrured by Physio-Control arc covered llnder this Ser-vice Agreement. Batteries not manufactured by Physio-Control are expressly excluded from coverage under this Se.."""lice Agreement Physic-Control does not guarantee the operation, safety, and/or performance of our product when operating with a baUcry not manufactured by Physio·ConrroL Repairs and inspections performed under this Agreement meet original equipment manufacturer's product SJICcifications only when operating with a battery manufactured by Physic-ControL Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a battery not manufactured by Physic-Control, wi!l be billed at Physic-Control's tben current standard list prices for parts and labor, including actual travel costs incurred. LlFEPAK 12 Software Updates If combined Repair and Inspection services are designated for LP 12 ~nits listed in Schedule A. a Physic-Control Technicill Services Representative will install LP 12 software updates at no additional cost, provided it is installed at the Lime of a regularly scheduled inspection. In addition, during the Term of this Agreement, where an assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then current list price. Software updates, when installed at a time other than the regularly scheduled inspection, will be billed at the rate of $205.00 per unit per software update. The cost of such software update will be billed in a separate invoice. Dependent upon avail-ability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer Reference Number: V57-2472 Printed: 4/2812010 208 New Page 8 of 11 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEJ\1ENT SCHEDULEB access to software loading tool at no additional charge. If Repair-Only services are designated for LP 12 units listed in Schedule A. a Physic-Control Technical Services Representative will install aLP 12 software update at the rate of $205.00 per unit per software update. In addition, during the Term of this Agreement. where an assembly. i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% tess than the then current list price. The cost of such software update will be billed in a separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's reqlleSt, Technical Services Representative shall provide Customer access to software loading tool at no additional charge. Physic-Control wiU replace the internal coin cell battery according to the number of such batteries listed in the Additional Items section of Schedule A. It is the Customer's responsibility to request such coin cell battery replacement, gather in a single location the devices that will receive such battery replacement. and to provide to the Physic-Control Technical Services Representative access to those devices. Coin cell battery replacement will take place dwing the Tenn of tllis Agreement. according to the number of coin cell batteries listed in the Additional Items section of Schedule A. Reference Number: V57-2472 New Printed; 4/28/2010 Page 9 of ll 209 PHYSIC-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULES UFEPAK® 15 (LP 15) Defibrillator/Monimr Includes: Standard detachable hard paddle repairs LP15 upgr:~de installed by Physio-Control Technical Services Representative at a rate of 17% less than the then current lield-instal1ed list price When listed in Equipment lnventory, Schedule A. LP 15 Defibrill~tor/Monitor Includes: Power Ad:!pter LP 15 Defibrillator/Monitor Excludes: Internal, sterilizablc and pediatric paddles Communications cables Therapy cables Patient cables Sp02 sensors Case changes Discounts may nor be combined with other special terms, discounts and/or promotions. Physic-Control LIFEPAK® IS Battery Battery maintenance. performance testing, evaluation, removal, recycling, and replacement are the responsibility of the Customer, and should be performed in accordance with the LP 15 Series Operating Instructions section entitled Discarding/Recycling Batteries. Battery replacement is available on a one-for-one basis, up to the number of devices listed in Equipment Inventory. Schedule A, upon che earlier of either (i) reported battery failure as determined by Customer's perfonrumce testing and evaluation in accordance with the LP 15 Operating Instructions section entitled Discarding/Recycling Batteries, or (ii) upon completion of the second year of use. Replacement Battery Pak shall be like for like, i.e. Li-ion Battery for Li-Lon Battery. During the Term of this Agreement replacement shall occur no more than three times per two year period, notwithstanding prior Support Plans. Battery replacement is dependent upon Customer's notice to Physio-Control of the existence of either of the conditions referenced in (i) and (ii) above. At the discretion of Physio-Control, battery replacement shall be effected by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physic-Control Service Technician. Upon.Customer' s receipt ofrepiacement battl:ry, the affected battery referenced above· shall become the property ofPhysio-Control, and must be returned to Physio-Control for proper disposal. In the event that Physio-Control does not receive the affected battery referenced above, Customer wi!I be charged at the then current rate for the replacement battery. Only batteries manufactured by Physic-Control are covered under this Service Agreement. Batteries not manufactured by Physio-Control are expressly excluded from coverage under tfiis Service Agreement. Physio-Control does not guarantee the operation, safety, and/or performance of our product when operating with a battery not manufactured by Physio-ControL Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating wilh a battery manufactured by Pllysio-Control. Any repairs. as determined by a Physio-Control Service Representative, resulting from Lhe use of a battery not manufactured by Physio-Control, will be billed at Physio-Conll:ol's then curreot standard list prices for parts and labor. including actual Lravel costs incurred. LIFEPAK® 15 Software Updates If combined Repair and inspection services are designated for LP 15 units listed Ln Schedule A, a Physic-Control Technical Services Representative will install LP 15 software updates at no additional cost, provided it is installed at the time of a regularly scheduled inspection. In addition, during the Term of this Agreement, where ;m assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be pun::hased by the Customer at a rate of 50% less than the then current list price. Software updates, wb.e:1 installed at a time other than the regularly scheduled inspection, will be billed at a rate of $205.00 per unit per software update. The cost of such software update will be billed in a separnte invoice. Dependent upon availability of Customer software loading tool, and at Customer's request. Technical Services Representative shall provide Customer Reference Number: V57-2472 Printed: 4/28/2010 210 New Page 10 of II PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREE:MENT SCHEDULER access to software loading tool al no addilion:~l charge. If Rep;llr-Only services are designated for LP 15 units Jlsted in Schedule A, a Physic-Control Technical Services Representative wtll in.sta.ll a LP 15 software update at the rate of $205.00 per unit pee software update. In addition. during the -Term of tl1is Agreemem, where an assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software. such assembly may be purchased by the Customer at a race of 50% less than Lhe then current list price. The cost of such software update will be billed in a separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer access to software loading tool at no additional charge. LlFEP AK® 500 AED ·Repair coverage for Physic-Control® QU1K-COMBQTM Patient Simulators included. · Repairs to Physic-Control Lifepak AED Trainers are excluded. · Case Changes are excluded. · Defibrilla1ion and Communications cables are excluded. · External Modems are excluded. · Battery chargers are included and shall be exch:mged up to one battery charger per Lifepak 500 automatic advisory defibrillator (listed on Schedule A) as detennined necessary by Physio-ConrroL · Discounts may not be combined with any other special terms, discoums andior promotions. Physic-Control® Battery Pak · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the LIFEPAK 500 AED Operating Instructions. Batteries failing Lo meet battery performance tests should be removed from service and properly discarded (recycled). · lf customer provides evidence that a Physic-Control Battery Pak fails to meet the perfonmmce tests noted above and/or the Battery Pak age exceeds 2 years i:~ the case of sealed lead add batteries and 3 years in the case of lithium ion batteries, Physill-Control shall replace said Physic-Control Battery Pak (like for lilce} i.e. LIFEPAK 500 SLA for LIFEPAK500 SLA or L!FEPAK 500 lithium ion for LlFEPAK 500 !ithiwnion. up to a maximum of2 LlFEPAK 500SLA Battery Paks e~ery two years or up to a maxirnwn or 1 UFEPAK 500 lithium ion Battery Pak every 3 years (including prior S(lpport Plan periods) per LIFEPAK® 500 automatic advisory defibrillator (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Physic-Control and must be returned ar the time of exchange. · Only batteries manufactured by Physic-Control are covered under this Sen; ice Agreement. Any batteries manufactured by other sources are expressly excluded from cover:~ge tmder this Service Agreement Physic-Control cannot guarantee the operation, safely and/or performance of our product when operating with anon-Physio-Control battery. Repairs and inspections p-erformed under this Agreement meet originaf equipment manufacturer's product specifications only when operating, with a Physic-Control battery. Any repairs, as detennined by a Physic-Control Service Representative, resulting from lhe use of a non-Physic-Control battery, will be biUcd at our standard list prices for parts and labor, including actual travel charges incurred. 211 Reference Number: V57-2472 Printed: 4/28/2010 New Page 11 of J 1 •• : . I • I' 'I Physio.Control, Inc . 11811 Willows Road N£, P.O. Box 97006, Redmond. WA 98052 Tel 425.867.4009 Tall-frn 800.4,42.1142 w-.jlhysio-coiltral.com April 29 2010 Miami Beach Fire Rescue Chris Parrino 1680 Merdian Ave, Ste 203 Miami Beach, FL 33140 To Mr. Parrino: In response to your recent request, I am writing to confirm that Physio-Control, division of Medtronit, Inc., is the only source from which to «;>btainthe LlfEPAK 11 family of products, including upgrades, factory authorized service and maintenance in your marketplace. Physio-Control does not utilize the services of any authorized dealers or distributors in the sale of our products in your marketplace. Best regards, Gorman Wong Customer Support Services Director 212 . ~./o: o 1.a6's4 TECHNICAL SERVICE SUPPORT AGREEMENT ADDENDUM Contrm;l Number: PB10X264 End Uset·# 00095401 MIAMI BEACH FIRE DEPT 1680 MERIDIAN AVE STE203 MlAMl BEACH, FL 33139 Bill To# 00095401 MIAMI BEACH FIRE DEPT 1680 ME1UD1A.N AVE STE203 . MfAMJ BEACH, F~ 33139 This Teclmical Setvice Support Agt·eemeo.t begu1s on 10/111009 nod expires on 913012010. PHYSIO CONTROL The desigt1ated Covered Equipment nnd/or Softwnro is listed on Schedule A. This Tecnnicnl Service Agreement is subject to the Terms and Conditions on 1he reverse side ofthis docnment and any Schedule B, if attached. lf arry Data Management Support and Upgrade Service is included on Schedule A ttl en this Technical Service Support Agreement is also subject to Physio·Control's Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. · Special Terms 10% DISCOUNT ON ACCESSORIES Purchase Order Number: -~B·l:W€M4-"'I ?-?3 ~ C, Terri.tory Rep: EA VV57 Colon, Adalid Phone: 800442ll42 x2464 FAX: BOO-772-3340 APPROVED AS TO Fi · RM & LANGUAGE Customer Cantacl: ChlefChris Parrino Phone: J05-673-7130 FAX: 305-673-7881 Reference Number: V57-2466 Printed: 10/2012009 F R EXECUTION " ,/.~ ~-')I -f \. z.\ g~ \)4 213 Addeudnm Page 1 of 10 PHYSIC-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS RENEWAL TERMS Physic-Control, lr1C.'s {"Physlo-Control") acceptance of Customer's Technical Service Support Agreement is expressly conditioned on Customer's assent to the terms set forth in this document and its attachments. Physio-Control agrees to furnish the services ordered by Customer only on these terms, and Customer's acceptance of any portion of the goods and services covered by this document shall conflmn their acceptance by Customer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Physic-Control by Customer. These terms may not be revised in any manner without the prior written consent of an officer of Physio-Control REPAIR SERVICES If "Repair" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered Equipment, all repair parts and materials require<.!, all required Physic-Control service technician labor, and all related travel expenses. For offsite (ship-in) services, units will be returned to Customer by Physic-Control freight prepaid. INSPECTION SERVICES If "Inspection" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered Equipment, verification of proper instrument calibration, verification that instrument mechanical operations and output measurements are consistent with applicable product specifications, perfomnance of an electrical safety check in accordance with National Fire and Protection Guidelines, all required Physio"Control service technician labor and all related travel expenses. For offsite (ship-in) services, units will be returned to Customer by Physic-Control freight prepaid. DOCUMENTATION Following each Repair and/or Inspection, Physio-Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. LOANERS If a Physic-Control product is designated as a unit of Covered Equipment for Repair Services and needs to be removed from service to complete repairs, an appropriate Loaner unit will be provided, if available, until the removed unit is returned. Customer assumes complete responsibility for the Loaner and shall return the Loaner to Physio-Control in the same condition as received, at Customer's expense, upon the earlier of the return of the removed unit or Physic-Control's request. EXCLUSIONS This Technical Service Support Agreement does not include: supply or repair of accessories or disposables (e.g., patient cables, recorder paper, etc.); repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, and/or acts of God; repairs to return an instrument to normal operating equipment at the time of initial service by Physic-Control under this Technical Service Support Agreement; case changes; repair or replacement of items not originally distributed or installed by Physic-Control; and exclusions on Schedule B to this Technical Service Support Agreement, if any, which apply to Covered Equipment SCHEDULE SERVICES Designated Repair and Inspections Services will be perfomned at the designated service frequency and during designated service hours except where service technicians are rendered unavailable due to mandatory training commitments, in which case Physio-Control will provide alternate coverage. Customer is to ensure Covered Equipment is available for Repair and/or Inspection at scheduled times. If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or if Physio-Control is requested to perform Repair or Inspection services not designated in this Technical Service Support Agreement {due to the nature of services selected, instruments involved not being Covered Equipment, request being outside of designated service frequency or hours, or application of the Exclusions); Customer shall reimburse Physic-Control at Physic-Control's standard labor rates less 10% {including overtime, if appropriate), plus standard list prices for related parts and materials less 15%, plus actual travel costs incurred. PAYMENT The cost of services performed by Physic-Control shall be payable by Customer within thirty {30) days of Customer's receipt of Physic-Control's Invoice {or such other terms as Physio-Control confirms to Customer in writing). In addition to the cost of services performed, Customer shall pay or reimburse Physic-Control for any taxes assessed Physic-Control. If the number or configuration of Covered Equipment is altered during the Temn of this Technical Service Support Agreement, the price of Services shall be adjusted accordingly. 214 Reference Number: V57-2466 Printed; I 0/20/2009 Addendum Page 2 of 10 WARRANTY PhysirrControl warrants Services performed under this Technical Se!Vice Support Agreement and replacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date a Service was performed or a part was provided. Customer's sole remedy shall be reservicing the affected unit and/or replacement of any part determined to be defective, without any additional Customer charge, provided Customer notifies Physic-Control of any allejjedly defective condition within ten (1 0) calendar days of its discovery by Customer. Physic-Control makes no other warranties, express or implied, including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. TERMINATION Either party may terminate this Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the other. except that Physic-Control may terminate this Technical Service Support Agreement immediately upon Customers failure to make timely payments for services rendered under this Technical Service Support Agreement. In the event of termination, Customer shall be obligated to reimburse Physic-Control for that portion of the designated price which corresponds to that portion of the Term and the scope of Services provided prior to the effective date of termination. DELAYS Physic-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, labor shortages, the requirements of any governmental authority, war, civil unrest, delays in manufacture, obtaining any required license or permit. and Physic-Control's inability to obtain goods from its usual sources. Any such delay shall no! be considered a breach of Physio-Control's obligations and the performance dates shall be extended for the length of such delay. MISCELLANEOUS a) Customer agrees to not employ or offer employment to anyone performing Services on Physic-Control's behalf during the Term of this Technical SeJVice Support Agreement or for one (1) year following its expiration without Physic-Control's prior written consent. b) This Technical Service Support Agreemen~ and any related obligation of other party, may not be assigned in whole or in part without the prior written consent of the other party. c) The rights and obligations of Physic-Control and Customer under this Technical Service Support Agreement shall be governed by the laws of the State in which the service Is provided. All costs and expenses incurred by the prevailing party related to the enforcement of its rights under this document, including reasonable attorney's fees, shall be reimbursed by the other party .................................................................................... END ................................................................................... . 215 Reference Number: V57-2466 Printed: 10/20/2009 Addendum Page 3 of 10 Contract Number: Servicing Rep: District: Phone: FAX: PHYSIO~CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A PBIOX264 Colon, Adalid, EA VV57 GULF COAST 8004421142 x2464 800-772-3340 Equipment Location: MIAMI BEACH FIRE DEPT, 00095401 1680 MERIDIAN AVE STE 203 MIAMI BEACH, FL 33139 Scope Of Service On Site Inspection Only-l Inspection per Year:M-F/8-S Ref. Effective Expiration Model Part Number Serial Number Line Date Date UFEPAK®IOOO 320371500021 34983222 22 10/!!2009 9/3012010 L!FEPAK®1 000 320371500021 34983223 23 1()/112009 9/3012010 LIFEPAK®IOOO 320371500021 34983224 24 10/l/2009 9/3012010 LIFEPAK®IOOO 32{)371500021 34983225 25 10/l/2009 9/30/2010 L!FEPAK®1000 320371500021 34983226 26 10/l/2009 9/30/2010 Scope Of Service On Site Repair and l On Site Inspection per Year:M-F/8-5 Ref. Effective Expiration Model Part Number Serial Number Line Date Date LIFEPAK® 10 304200-14 005267 lOfl/2009 9/3012010 UFEPAK® 10 &04200-14 005268 2 \(}/J/2009 9/3012010 LIFEPAK® lO 804200-14 005285 3 I 0/1/2009 913012010 LIFEPAK® 10 804200-14 005286 4 10/1/2009 9/30/2010 LlFEPAK® 10 804200-14 005287 5 101112009 9/3012010 L!FEPAK® 12 VLP 12-02-0023 79 13453048 6 10/112009 9/30/2010 LIFEPAK® 12 VLP 12-02-000741 12119147 7 10/l/2009 9/30/2010 LIFEPAK® 12 VLP I 2-02-000741 12119146 8 10/112009 9/30/2010 LlFEPAK® l2 VLP12-02-000741 12119145 9 10/112009 9/30/2010 LIFEPAK® 12 VLP 12-02-000741 12119t44 10 L0/112009 9/30/2010 LIFEPAK® 12 VLP12-02-000741 12119143 11 10/112009 9130/2010 LIFEPAK® 12 VLP 12-02-000741 12119141 12 10/l/2009 9/30/2010 LlFEPAK® 12 VLP 12-02-003974 31485869 18 101112009 9/3012010 LlFEPAK® 12 VLP12-02-003974 ) 1485870 19 10/1/2009 9/30/2010 LIFEPAK® 12 VLP 12-02-005985 34955180 20 10/1/2009 9/30/2010 LIFEPAK® 12 VLP12-02-005985 34955176 21 I 0/l/2009 9/30/2010 LIFEPAK® 500 3011790-000113 136512&3 27 10/112009 9/30/2010 L!FEPAK® 500 3011790-000 113 13659751 28 10/1/2009 9130/2010 LIFEPAK® 500 3011790-000113 13802778 29 1011/2009 9/3012010 LIFEPAK® 500 30 I 1790-000 llJ \3802779 30 10/1/2009 9/30/2010 Reference Number: V57-2466 Printed: L0/20/2009 216 Total Inspections Total Inspections Addendum Page 4 of 10 UI'EPAK®500 3011790-000113 13802781 31 l0/1/2009 9/30/2010 LIFEPAK® 500 3011790-000113 13805762 32 !011/2009 9/30/2010 LI.I'EPAK® 500 3011790-000113 13840902 33 10/1/2009 9/30/2010 LIFEPAK® 500 3011790-000 l !3 13840905 34 !0/1/2009 9/30/2010 LIFEPAK® 500 30 11790-000 113 13840906 ~5 10/1/2009 9/30/2010 LII'EPAK® 500 30 I I 790-000113 13840908 36 10/1/2009 9/30/2010 LIFEPAK® 500 301 !790-000113 13840938 37 10/112009 9/30/2010 LIFEPAK® 500 30 11 790-000 I l3 13840939 38 IQ/(/2009 9/30{2010 LIFEPAK® 500 3011790-000 I 13 13840940 39 I 0/l/2009 9/3012010 LIFEPAK® 500 3011790-000 I 13 13840941 40 !0/1/2009 9/30/20 I 0 Scope Of Service On Site Repair Only: M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Dntc Date Inspections BATIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433192 13 10/112009 9/30/2010 BATIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433193 14 10/J/2009 9/30120LO BAITERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436370 15 !0/J/2009 9f30120l 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436]72 16 1 Ofl/2009 9/30/20!0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-D00009 30436373 17 1011/2009 9iJ0/201 0 .,. Denotes nn inventory line that has changed since the last contract revision or addendum. 217 Reference Number: V57-2466 Printed: 10/20/2009 0 0 0 0 0 Addendum Page 5 of 10 MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: PB lOX264 Additional Items Service Type CASE CHANGE CASE CHANGE** Item LP12/15/20 CASE CHG L-5 LP12/15/20CASECHG 1-5 Quantity Start Date 10/1/2009 2 I 0/1/2009 •• Denotes an additional item line that has changed since the last contract revision or addendum. 218 Reference Number: V57-2466 Printed: 10/20/2009 End Date 9/30/2010 9/30/2010 Addendum Page 6 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULEB LIFEPAK® I 0 DEFIBRILLATOR/MONITOR/PACEMAKER · Paddle repairs are included. (Paddle attachments are excluded; i.e. pediatric and anterior attachments). ·Auxiliary Power Supply included when listed on equipment inventory (Schedule A). · Pacemaker repair is included. · Case changes are excluded. -Pacing and patient cables are excluded. · FAST-PATCH® adapters and QUIK-COIVffiO™ pacing/defibrillation adapters are included. · Repair coverage for Pbysio-Control® ECG, Pacing and Defibrillation Simulators included. Physio-Control® Battery Pak · Customer retains the responsibility to perform the battery maintenance at1d evaluation procedures outlined in the service manual and to replace batteries that do not pass the conditions outlined under "Discarding/Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and property discarded (recycled). · If customer provides evidence that a Physic-Control Battery Pak fails to meet the perl'brmance tests noted above and/or the Battery Pak age exceeds 2 years, Physio-Controi shall replace said Physio-Control Battery Pak {like for like) i.e. F ASTP AK for FASTPAK, up to a maximum of 4 Physic-Control Battery Paks every two years (including prior Support Plan periods) per LIFEPAK®10 defibrillator/monitor/pacemaker (listed on Schedule A). To assist in proper recycling and removal oflow capacity batteries, replaced Battery Paks become the property of Physio-Control and must be returned at the time of exchange. · Only batteries manufactured by Physic-Control are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Physio-Control cannot guarantee the operation, safety and/or performance of our product when operating with a non-Physio-Control battery. Repairs and inspections pertbrmed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Physio-Control battery. Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a non-Physio-Control battery, will be bilted at our standard list prices for parts and labor, including actual travel charges incurred. 219 Reference Number: V57-2466 Printed: l 0/20/2009 Addendum Page 7 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED INSPECTION ONLY SERVICES · If the customer requests that repairs be made as determined necessary by the Physio-Confrot Service Representative after completion ofthe inspection, such repairs will be made at Physio-Control's then current labor rate less 10%. Parts required for such repairs will be made available at 15% less than the then current list price for such parts. · Customer retains the responsibility to perform the battery maintenance and evalllation procedures outlined in the service manual and to replace batteries that do not pass the conditions outlined under "Discarding/Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). · If customer provides evidence that a Physio-Control Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Physic-Control shall replace said Physic-Control Battery Pak (like for like) i.e. FASTPAK for FASTPAK, FASTPAK2 for FASTPAK2, LIFEPAK SLA for LIFEPAK SLA, or LIFEPAK NiCd for LIFEPAK NiCd, up to the maximum amount of Physio-Control Battery Paks as is specified on Schedule A, every two years (including prior Support Plan periods). To assist in proper recycling and removal or low capacity batteries, replaced Dattery Pales become the property ofPhysio-Control and must be returned at the time of exchange. · Or1ly batteries manufactured by Physic-Control are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Physio-Control cannot guarantee the operation, safety and/or performance of our product when operating with a non-Physio-Control battery. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Physic-Control battery. Any repairs, as determined by a Physic-Control Service Representative, resulting from the use of a non-Physic-Control battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurrl!d. · Inspections are performed Monday thru Friday Sam to 5pm (e;,:cluding holidays) 220 Reference Number: V57-2466 Printed: 10/20/2009 Addendum Page 8 of 10 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDUL.EB UFEPAK® 12 (LP 12) Dcfibrillator/lvlonitor Includes: Standard detachable hard paddle repairs LP 12 lipgradc installed by Physio-Control Technical Services Representative at a rate of 17% less than the then current t1eld-insta!led list price When listed in Equipment Inventory, Schedule A, LP 12 Defibrillator/Monitor Includes: AC Power Adapter DC Power Adapter LP 12 Defibrillator/Monitor Excludes: Internal, sterilizable and pediatric paddles Sp02 sensors and cables Communication cables Therapy cables Patient cables PCMCIA modems Case changes Discounts wHI not be combined with other special terms, discounts, and/or promotions. Physio-Control F ASTP AK®, F ASTP AK 2, LIFEP AK SLA, and UFEPAK NiCd Battery Battery maintenance, performance testing, evaluatlon, removal, recycling, and replacement are the responsibility oftlle Customer, and should be performed in accordance with the LP 12 Series Operating Instructions section entitled Discarding/Recycling Batteries. Batteries replacement is available on a one-for-one basis, up to the number of devices listed in Equipment Inventory, Schedule A, upon the earlier of either {i) reported battery failure as determined by Customer's perforn1ance testing and evaluation in accordance with the LP 12 Operating Instructions section entitled DiscardingiRecycling Batteries, or (ii) upon completion of the second year of use. Replacement Battery Pak shall be likefor like, i.e. FASTPAK for FASTPAK, FASTPAK 2 for FASTPAK 2, etc. During the Term ofthis Agreement replacement shall occur no more than four times per two yenr period, nohvithstanding prior Support Plans. Battery replacement is dependent upon Customer's notice to Physio-Controt of the existence of either ofthe conditions referenced in (i) and (ii) above. At the discretion of Physio-Control, battery replacement shall be effected by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio-Control Service Technician. Upon Customer's receipt of replacement battery, the affected battery referenced above shall become the property ofPhysio-Control, and must be returned to Physio-Control for proper disposal. In the event til at Physio-Control does not receive the affected battery referenced above, Customer will be charged at the then cnrrent rate for the replacement battery. Only batteries manufactured by Physio-Control are covered under this Service Agreement. Batteries not manufactured by Physic-Control are expressly excluded from coverage under this Service Agreement. Physlo-Control does not guarantee the operation, safety, and/or performance of our product when operating with a battery not manufactured by Physio-Control. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a battery manufactured by Physic-ControL Any repairs, as detennined by a Physio-Control Service Representative, resulting from the use of a battery not manufactured by Physic-Control, will be bil1ed at Physio-Control's then current standard Jist prices for parts and labor, including actual travel costs incurred. LIFEPAK 12 Software Updates If combined Repair and Inspection services nre designated for LP 12 units listed in Schedule A. a Physio-Control Technical Services Representative will install LP 12 software updates at no additional cost, provided it is installed at the time of a regularly scheduled inspection. In addition, during the Term of this Agreement, where an assembly, i.e,, printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then current list price. Software updates, when installed at a time other than the regularly scheduled inspection, will be billed at the rate oJ $205.00 per unit per software update. The cost of such software update will be billed in a separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer 221 Reference Number: V57-2466 Printed: 10/20/2009 Addendum Page 9 of !0 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULEB access to software loadrng tool at no addrtional charge. JfRcpair-Only services are designated for LP 12 units listed in Schedule A, a Physio-Control Technical Services Representative will install aLP 12 software update at the rate of$205.00 per unit per software update. In addition, during the Term of this Agreement, where iUl assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less thnn the then current li~L price. The cost of such software update will be billed in a separate invoice. Dependent upon availab!llty of Customer software loading tool, nnd at Customer's request, Technical Services Representative shall provide Customer access to software loading tool at no additional charge. Physio-Control will replace the intemal coin cell battery according to the number of such batteries listed in the Additional Items section of Schedule A. It is the Customer's responsibility to request such coin cell battery replacement, gather in a single location the devices that will receive such battery replacement, and to provide to the Physio-Control Technical Services Representativ~ access to those devices. Coin cell battery replacement will take place during the Tenn of this Agreement, according to the number of coin cell batteries listed in the Additional Items section of Schedule A. LIFEPAK® 500 AED · Repair coverage for Physio-Control® QUIK-CO!viDO™ Patient Simulators included. · Repairs to Physio-Control Lifepak AED Trainers are excluded. · Case Changes are excluded. · Defibrillation and Communications cables are excluded. · External Modems arc: excluded. · Battery chargers are included and shall be exchanged up to one battery charger per Lifepak 500 automatic advisory defibrillator (listed on Schedule A) as determined neces.sruy by Physio-Control. ·Discounts may not be combined with nny other special terms, discounts and/or promotions. Physio-Contro!® Battery Pak · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the UFEPAK 500 AED Operating Instructions. Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). · lf customer provides evidence that a Physio-Control Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years in the case of sealed lead acid batteries and 3 years in the case of lithium ion batteries, Physio-Control shall replace said Physio-Control Battery Pak (like for like) i.e. LIFEPAK 500 SLA for LIFEPAK 500 SLA or LIFEPAK 500 lithium ian for LIFEPAK 500 lithium ion, up to a maximum of2 LIFEPAK 500 SLA Battery Paks every two years or up to a ma.ximum of l LIFEPAK 500 lithium ion Battery Pak every 3 years (including prior Support Plan periods) per LIFEPAK® 500 automatic advisory defibrillator (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the properly ofPhysio-Control and must be returned at the time of exchange. · Only batteries manufactured by Physio-Control are covered under this Service Agreement Any batteries manutactured by other sources are expressly excluded from coverage under this Service Agreement. Physio-Control cannot guarantee the operation, safety andfor performance of our product when operating with n non-Physio-Control battery. Repairs and inspections performed under this Agreement meet original equipment manufucturer's product specifications only when operating with a Physio-Control battery. Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a non-Physio-Control battery, will be billed at our standard Hst prices for parts and labor, including actual travel charges incurred. 222 Reference Number: V57-2466 Printed: 10/20/2009 Addendum Page 10 of 10 m MIAMI BEACH PURCHASEORDERICHANGEORDER ""Si!F" MAIL INVOICE TO: "SHIP TO" ADDRESS WITH COPY TO: Procurement Division CITY OF MIAMI BEACH, ACCOUNTS PAYABLE, 1700 Convention Center Drive 1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 Miami Beach FL 33139 Telephone: (305)673-7490 ..... PO I BPO NUMBER . ' . PAGE 012839 1 of 1 VENDOR ID: '·.· DATE DATE_ REQUIRED: 015032 12/18/2009 VENDOR SHIP TO M EDTRONICS-PHYStOCONTRO L FIRE DEPARTMENT 11811 WILLOWS ROAD NORTHEAST CITY OF MIAMI BEACH REDMOND, WA 98073 2300 PINE TREE DRIVE MIAMI BEACH, FL 33139 PIC ISSUED BY I PHONE .. I, ·. E-MA,IL PAYMENTTERMS THOMAS, SHIRLEY I (305) 673-7490 I ShirleyThomas@miamibeachfl.gov AlP Net 30 Days REQUESTING DEPARTMENT I -PURCHASE AUTHORITY ··· ... ·F.O.B, ,_ I DESTINATION SPECIAL INSTRUCTIONS: Contact Person: Nedra Mareclus@ 305-673-7000@ 7140 .. Quantity Unit Description Unit Prica Ext. Price THIS IS A REVISED PURCHASE ORDER BlANKET PURCHASE ORDER For scheduled maintenance, annual · i.n_spection, calibration _and repair of electrocardiography defibrillators. AED's & batteri conditioners during FY09/10 COMMENTS· THE PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND SHIPPING DOCUMENTS. YOU MUST ALSO STATE YOUR PROMPT PAYMENT TERMS ON YOUR INVOICE (IE. 2% 10) FAILURE TO SUBMIT INVOICES AS STATED HEREIN WlLL RESULT IN A DELAY IN THE PAYMENT PROCESS. SEE ADDITIONAL TERMS AND CONDITIONS CONTAI'-IED HEREIN. U.S. TREASURY DEPT. TAX EXEMPTION UNDER REG. NO. F59-6000372, STATE OF FLORIDA TAX EXEMPTION CERTIFICATE B5-8012621639C-9 VENDOR COPY 223 26,444.00 .. SUBTOTAL 26,444.00 TOTAL 26,444.00 TERMS AND CONDITIONS 1, This purchase, blanket, or change order rcrm properly signed by the Procurement Dirac lor or d-esignee constitutes ttl a entire ag,eement Terms staled by Vendor in accept1ng or acknowledging this order shall nat be binding unless accepled in wrillng by the City of Miami Beach (the "City"). Vander may not ~ansfer or assign this order without tile City's prior wntlen consent. The proviskJns of lha Uniform Com marcia! Code-Article 2 Sales will govern Lhis contracl and afl right dvlieo of 1M Vendor and the City. Chapter 627. r-l<lrida Statues and tho Municipal Code ollhe CHy. Vendor sh<JII su~rably pack, mark, and ship i:1 accordance w1(h any nstructio.n frorn the-Cily ar.d the requirements of common c:arTiers to secure the lowest transportatioo cos~s> Vendor shalf be lioble for any difference in freight charge or damage to I he materials by ils rallureto comply therewith. Ver,dar will send the City a 'Notice of Shipman I" giving I he number of lhe ardor, kind and amount of materials and raula at or prior lo lime cf shipment. 3. JNVOICES. Render in~o~ofc:es as instructed on lhe race hereof immediately upon sllipmanl or comple~1on of or-der. Separale invoices mu"St be re(1dered in duplicate tor each order. All invoices must shew O!Jf purchase or blanket order number. 4. lllf! Cily may raturn ar,v malerials whidl are defective, unsatisfac!Of)l', or at rnferim quali~y CX" workmanship, or fail to meel specification or ether reqLJirements of Ulis order. Such materials sholl, unless by the City, remain the property of Vendor aod may be relurned al V011dor's risk and expense, and Vendor shell reimburse the City for all prior payments therefor and/or cos1!J ~ncurred 1n connse-lion with delivery or re!urn of such meleriEJis. 5. Vendarwa.-rants the male-rials will c(]nform to the descriplion and applicable spac1ficalions, shall be of goad merchantable qua[1ly and fit for the known purpose for which sold, thai I he materials are~ rree dear ol an liens and encumbrances, arld lhat Vendor has good merchantable tiUe. This is in addilionlo anv warranty or service guarantee given by Vendor lc the City •• provided by law. 6 Vendor shall comply, and has ccmplfed with all S~ata, Federal and local laws, regulations or order applicable to the purchase, manufacture, processing and delivert of materials, including but notlimilec to \he Fair Labor Slandards Act, or 1938, as amended. The provi•ions of Executive Order 10925.11114, and 11246, as amended, and any subsequent executive order relating lo equal oppc>rtun~y for employment an govemmenl canlracls and all Rules and Regulations of the President's CammiLLee Q(l Equal Oppcwiunily are incorporated by reference. The nondiscrimination clause canlained in Seclian 202. Executive Order 11246, as amended by Execulive Order 11375, relative to Equal Employment Opqartunity for all persons w1thout regard to raca. color, religion, sex or national origin, a11d the implemen(ing rules arx:l regulations p~escribed by Secrelary o# Labor, are incorporated herein. 7. If Vendor shaU default in any respect or became insolvent. or if a petition in bankruptcy or insolvency is filed by cr against Vendor unde< any Stale or Federal low, the C1ly in addiLiQ(l to oli\er rights or remedies. may terminate and cancel this order. A waiver or breach or any provision snail nol be a wa1ver or any other breach of such prov'oion or of any other pro11isions. The City sllall not, il any event, be tiable lo Vendor for speCial, ronfingent. or consequentiel dameges, B. DELIVERY: Delivery musl be made within lhe time specified in this order. II \he material is nat delivered within such specified time, tne City reserves the right Ia cam:elllle Ofder or any part thereof. \Mlen terms of delivery ere FOB Destination, Vendor shalL pay alllranspartation cha<ges, when terms ol delivery are FOB shipping point, freight charges shall be prepaid and added to 1nvaica. All prices considered FOB Miami Beach, FLorida, unless otherwise indicated. The City will not be respoosible for merchandise delivered to af1JI destination other than lhat specified herein. Deliveries accepted 8:30am to 4:30PM. Mooday through Fridays, except fer holidays Perishable material will be shipped so asIa arrive at destination on MQ(lday through Friday 9. All commuo<:atlons and acknowledgements concerning lhis order must shaw this purchase cr blanket order number and be direcled lo: The City or .VI rami Beach City Hell-Procuremonl Division 1700 Convention Center Drive M1ami Beach, FL 3:>139. 10. Vendor shell deland any suit or praceed1Clg brooght "l)ainst the Cily, ils officers, agents, and/or employees basec on a claim 111at tho manufacture or sale or 1M City iolended use or resale cl any of lhe materials covered cMstilules infmgemenl of any United Slll~es Letters Patent, now or hereafter issued, or violates any olher proprielary •nlerest (Including copyrights, trademarks and trade secmtsJ, if natifi.sd promptly in vn-iting and given authority. infannaticn, and as.sistancs [at Vendor's. expense) for the dafensa of s~ma: and Vendor sl"a~l pay all c1amages and c::osts, includinc; attorney's fee:s, awarded age~inst the Cily in such suit or proceeding. 1~ lhe -event the City is enjoined rmm use and/or resale of any of lhe matertals covered by this order as a resuH cf said suit or proceeding. Vendor shall (at its expense) expend all reasonable efforts to procure lor the City lhe right to use and/ or resell said materials. IF Vendorcan.,ol so procure the aforementioned right within a reasonable lime, Vendor shall !hen promptly (at Vendor's e>pense~ (1) modify said materials sa as to avoid infringement of any patent or other proprietary interest, or {2) reinstallation ca.sts in connec~ic,, therewith, or {3) remove said malefials and mfund the pufchase price ard reimburse the City ror the lransportatiorl and Installation costs thereof. Vendor sh:a" have the same obligations with respect lo any claim for inrringement of foreign patents or 11iolation of other roretgn proprietary interests ff the Gitv purchases hereunder for shipment to and ror 1he use or resale in a foreign country ar.d V-endor fs so advised. The paragraph 10 shajl constltuta the 3ole agreement relating lo liabilit~ rar infrtngemenl or viola~ en al proprietary rignts unLess expressly revised or revoked in writing. 11 Buyer's remedies, in lhe e\lent or default bv Vendor, shan be as provided by law, excapl oo olherwtse prO"Yided herein. 12. PACKING LISTS: Must accompany each case or parcel, showing the City's order number and complete de script ian of contents. All barrels, boxes, bags, crates cr other packages must be l.atleled with lag (linen tag preferred] securely fastened to packages, showing shLpper's name and our ofder number. If not f:JOS5~ble lo allact' to:~gs, information mus-1 be printed 011 oackages. Drop sh1pments and psrtials mus~ be trea~ed similarly. 13. Vendor must submit Material Safety Oata Sheets wilr shipments for substances found on lhe current Flo"da Tc>ic Substances List. In accordance with Florida Slatues-Chapler442. Saclion 6 {1) 14. If bid or conlractlerms, condHions andlor specifiCation d1ffer from those of :his purchase or blanket order, tha bid, canlracl or agreement shall take precedence 15 Vendor sh.alf nat offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for lhe purpose of influencing consideration of this ordar. 15. Call ::i05-G73-7490NOICE to recuest material in accessil>le formal or infarmalioo an access far :ersano with disabilities. For mere inlonmation on ADA compliance please call305- 673-7080. 224 MIAMI BEACH City of Miami Beach, 1700 Carwertian Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gav FIRE-RESCUE DEPARTMENT FAX COVER SHEET Tel: 305-673-7130, Fax: 305-673-7257 TO: Physio-Control, Inc. FAX #: 800-772-3340 FROM· Chris Parrino, EMS Division Chief SUBJECT: Executed Service Contract DATE: 12/21 /09 #OF PAGES: ll (lr1c cover) Sirs, Please Fir1d attached executed service contract and Purchase Order. p~j Chris Parrino Phone: (305) 673-7000 Cellular: (786) 402-5925 1/1/e are commifled lo providing exce/1,3nl public service and solely lo all who live, work, ond play in our vibrant fropJcal, hi sialic cammunily. 225 DATE, TIME FA::< HO. /t!Af·:IE DURATIOrl F'AGE(S) RESULT I·IDDE TF:AH~;HI%IDI··i 'o./EFHFICATIOH REPORT 226 12/21 11:03 '31 :::1307 72:::::::40 £10: 132: 3'3 13 O!< STAHDARD EC:M TIHE t·IAI·,IE FA>< TEL ~a;:. If 12/21/2009 11:06 Cf·:IE FIRE RE:::;CUE 31)56 737257 ::::05E· 7:3 7130 000HE .. J4,J:3563 TECHNICAL SERVICE SUPPORT AGREEMENT ~ Contract Nwnber: End User# 00095401 MIAMI BEACH FIRE DEPT 1680 MERIDIAN AVE STE203 MIAMI BEACH, FL 33139 Medlronic Bill To# 0009540 l MIAMI BEACH FIRE DEPT 1680 MERIDIAN AVE ST£203 MIAMI BEACH, FL 33139 This Technical Service Support Agreement begins on 10/1/2009 and expires on 9/30/2010. The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Physio-Control's Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $25,148.00 per term, payable in Annual instalbnents. Special Terms 10% DISCOUNT ON ACCESSORIES 17% DISCOUNT ON LP12 UPGRADES CITY OF MIAMi BEACH FlRE DEPARTMENT RESCUE DIVISION. 2ND FLOOR 1680 MERIDIA.N AVENUE M!AM! BEACH, FL 331 :w Accepted: Physio-Control, Inc. By: e1.2~ ~ By: ------------------=--------------------- Title:T\ZcH >-.i\C,.._L ~(2...\j \CE ~T1V(!_P_ri_nt_: __ ___,c..::....:.... __ -j..-6.cu..::::z..o:::..:....::....!...l<:.. ______ _ Date: 9l2-\..{ \o'] _T_it_le_: _.:._ __ __;_ ____ .=o....:..:..;,;....t._-+-......_-.L.....I~~---- Territory Rep: EA VV57 Colon, Adalid Phone: 8004421142 x2464 FAX: 800-772-3340 227 Date: Purchase Order Number: Customer Contact: Chief Chris Parrino Phone: 305-673-7130 FAX: 305-673-7881 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page I of 8 Contract Number: Servicing Rep: District: Phone: FAX: PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Colon, Adalid, EA VV57 GULF COAST 8004421142 x2464 800-772-3340 Equipment Location: MIAMI BEACH FIRE DEPT, 00095401 1680 MERIDIAN AVE STE 203 MIAMT BEACH, FL 33139 Scope Of Service On Site Inspection Only-I Inspection per Year:M-F/8-5 Ref. Effective Expiration Model Part Number Serial Number Line Date Date LIFEPAK®lOOO 320371500021 34983222 22 101112009 9/30/2010 LIFEPAK®1000 320371500021 34983223 23 10/112009 9/3012010 LIFEPAK®I 000 320371500021 34983224 24 10/112009 9/30/2010 LlFEPAK®1000 320371500021 34983225 25 10/1/2009 9/30/2010 LIFEPAK®LOOO 320371500021 34983226 26 10/112009 9/3012010 Scope Of Service On Site Repair and I On Site Inspection per Year:M-F/8-5 Ref. Effective Expiration Model Part Number Serial Number Line Date Date LIFEPAK® 10 804200-14 005267 10/1/2009 9/3012010 LlFEPAK® 10 804200-14 005268 2 10/1/2009 9/30/2010 UFEPAK® 10 804200-14 005285 3 101112009 9/J0/2010 LIFEPAK® 10 804200-14 005286 4 10/112009 9/30/2010 LlFEPAK® 10 804200-14 005287 5 101112009 9/30/2010 LIFEPAK® 12 \TLP12-02-002379 13453048 6 10/1/2009 9/3012010 LlFEPAK® 12 lnlP12-02-Q00741 12119147 7 10/1/2009 9/30/2010 UFEPAK® 12 VLP12-02-000741 12119146 8 10/1/2009 9/3012010 LIFEPAK® 12 VLP12-02-000741 12119145 9 10/1/2009 9130/2010 LIFF.PAK® 12 VLP12-02-000741 12119144 10 10/1/2009 9/30/2010 LIFEPAK® 12 VLPI2-02-000741 12119143 11 1011/2009 9/30/2010 LTFEPAK® 12 lnlP12-02-000741 12119141 12 10/112009 9/30/2010 LlFEPAK® 12 VLPI2-02-003974 31485869 18 101112009 9/3012010 LlFEPAK® 12 VLP 12-02-003974 31485870 19 10/l/2009 913012010 LIFEPAK® 12 lnlP12-02-Q05985 34955180 20 10/l/2009 9/3012010 LIFEPAK® 12 VLP12-Q2-Q05985 34955176 21 10/l/2009 9130/2010 LIFEPAK® 500 3011790-000113 13651283 27 10/1/2009 913012010 L!FEPAK® 500 3011790-000113 13659751 28 10/1/2009 9130/2010 UFEPAK®500 3011790-000113 13802778 29 10/1/2009 9/3012010 LIFEPAK® 500 3011790-000113 13802779 30 10/1/2009 913012010 Reference Number: V57-2458 Printed: 9/24/2009 228 Total Inspections 1 Total Inspections Renewal Page 2 of 8 I LIFEPAK® 500 30 Jl790-000 113 13802781 31 10/1/2009 9/30/2010 LIFEPAK® 500 3011790-000113 13805762 32 1011/2009 9/30/2010 LIFEPAK® 500 301l790-0001!3 13840902 33 10/1/2009 9/30/2010 LIFEPAK® 500 3011790-000113 13840905 34 1011/2009 9/30/2010 LIFEPAK® 500 3011790-000113 13840906 35 10/1/2009 9/3012010 LIFEPAK® 500 3011790-000113 13840908 36 10/1/2009 9/30/2010 LIFEPAK® 500 3011 790-000 113 !3840938 37 10/112009 9/30/2010 LIFEPAK® 500 3011790-000113 13840939 38 10/1/2009 9/30/2010 LIFEPAK® 500 30 Il790-000 113 13840940 39 10/1/2009 9/30/2010 LIFEP AK® 500 3011790-000113 13840941 40 10/1/2009 9/30/2010 Scope Of Service On Site Repair Only: M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date BATIERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433192 13 10/1/2009 9/30/2010 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30433193 14 10/1/2009 9/30/2010 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436370 15 10/112009 9/3012010 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436372 16 10/112009 9/30/2010 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30436373 17 10/112009 9/30/2010 ** Denotes an inventory line that has ch311ged since the last contract revision or addendum. 229 Reference Number: VS?-2458 Printed: 9/24/2009 Inspections 0 0 0 0 0 Renewal Page 3 of 8 Contract Number: Additional Items Service Type CASE CHANGE MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Item Quantity Start Date LP12/15/20 CASE CHG 1-5 10/l/2009 ... Denotes an additional item line that has changed since the last contract revision or addendum. 230 Reference Number: V57-2458 Printed: 9/24/2009 End Date 9/30/2010 Renewal Page 4 of 8 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED LIFEP AK® I 0 DEFIBRILLATORIMONITORIP ACE MAKER · Paddle repairs arc included. (Paddle attachments are excluded; i.e. pediatric and anterior attachments). · Auxiliary Power Supply included when listed on equipment inventory (Schedule A). · Pacemaker repair is included. · Case changes are excluded. · Pacing and patient cables are excluded. ·FAST-PATCH® adapters and QUIK-COMBOTM pacing/defibrillation adapters are included. · Repair coverage for Physio-Control® ECG, Pacing and Defibrillation Simulators included. Physio-Control® Battery Pak · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the service manual and to replace batteries that do not pass the conditions outlined under "Discarding/Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). · If customer provides evidence that a Physio-Control Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Physio-Control shall replace said Physio-Control Battery Pak (like for like) i.e. F ASTP AK for FASTPAK, up to a maximum of4 Physio-Control Battery Paks every two years (including prior Support Plan periods) per LIFEPAK®IO defibrillator/monitor/pacemaker (listed on Schedule A). To assist in proper recycling and removal oflow capacity batteries, replaced Battery Paks become the property of Physio-Control and must be returned at the time of exchange. · Only batteries manufactured by Physio-Control are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Physio-Control cannot guarantee the operation, safety and/or performance of our product when operating with a non-Physio-Control battery. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Physio-Control battery. Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a non-Physio-Control battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurred. 231 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page 5 of 8 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED INSPECTION ONLY SERVICES · lfthe customer requests that repairs be made as determined necessary by the Physio-Control Service Representative after completion of the inspection, such repairs will be made at Physio-Control's then current labor rate less 10%. Parts required for such repairs will be made available at 15% less than the then current list price for such parts. · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the service manual and to replace batteries that do not pass the conditions outlined under ''Discarding/Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). ·If customer provides evidence that a Physio-Control Battery Pak fails to meet the performance tests noted above andfor the Battery Pak age exceeds 2 years, Physio-Control shall replace said Physio-Control Battery Pak. (like for like) i.e. FASTPAK for FASTPAK, FASTPAK2 for FASTPAK2, LIFEPAK SLA for LIFEPAK SLA, or LTFEPAK NiCd for LIFEPAK NiCd, up to the maximum amount of Physio-Control Battery Paks as is specified on Schedule A, every two years (including prior Support Plan periods). To assist in proper recycling and removal oflow capacity batteries, replaced Battery Paks become the property of Physio-Control and must be returned at the time of exchange. · Only batteries manufactured by Physio-Control are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Physio-Control cannot guarantee the operation, safety and! or performance of our product when operating with a non-Physio-Control battery. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Physio-Control battery. Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a non-Physio-Control battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurred. · Inspections are performed Monday thru Friday Sam to 5pm (excluding holidays) 232 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page 6 of 8 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED LIFEPAK® 12 (LP 12) Defibrillator/Monitor Includes: Standard detachable hard paddle repairs LPI2 upgrade installed by Physio-Control Technical Services Representative at a rate of 17% less than the then current field-installed list price When listed in Equipment Inventory, Schedule A, LP 12 Defibrillator/Monitor Includes: AC Power Adapter DC Power Adapter LP 12 Defibrillatortrvlonitor Excludes: Internal, sterilizable and pediatric paddles Sp02 sensors and cables Communication cables Therapy cables Patient cables PCMCIA modems Case changes Discounts will not be combined with other special tenns, discounts, and/or promotions. Physio-Control FASTPAK®, FASTPAK 2, LIFEPAK SLA, and LIFEPAK NiCd Battery Battery maintenance, pertbrmance testing, evaluation, removal, recycling, and replacement are the responsibility of the Customer, and should be perfonned in accordance with the LP 12 Series Operating Instructions section entitled Discarding/Recycling Batteries. Batteries replacement is available on a one-for-one basis, up to the number of devices listed in Equipment Inventory, Schedule A, upon the earlier of either (i) reponed battery failure as determined by Customer's performance testing and evaluation in accordance with the LP 12 Operating Instructions section entitled Discarding/Recycling Batteries, or (ii) upon completion ofthe second year of use. Replacement Battery Pak shall be like for like, i.e. F ASTP AK for FASTP AK. F ASTP AK 2 for F ASTP AK 2, etc. During the Term of this Agreement replacement shall occur no more than four times per two year period, notwithstanding prior Support Plans. Battery replacement is dependent upon Customer's notice to Physio-Control of the existence of either of the conditions referenced in (i) and (ii) above. At the discretion of Physio-Control, battery replacement shall be effected by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio-Control Service Technician. Upon Customer's receipt of replacement battery, the affected battery referenced above shall become the property ofPhysio-Control, and must be returned to Physio-Control for proper disposal. In the event that Physio-Control does not receive the affected battery referenced above, Customer will be charged at the then current rate for the replacement battery. Only batteries manufactured by Physio-Control are covered under this Service Agreement. Batteries not manufactured by Physio-Control are expressly excluded from coverage under this Service Agreement Physio-Control does not guarantee the operation, safety, and/or performance of our product when operating with a battery not manufactured by Physio-Control. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a battery manufactured by Physio-Control. Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a battery not manufactured by Physio-Control, will be billed at Physio-Control's then current standard list prices for parts and labor, including ru:tual travel costs incurred. UFEPAK 12 Software Updates If combined Repair and Inspection services are designated for LP 12 units listed in Schedule A, a Physio-Control Technical Services Representative will install LP 12 software updates at no additional cost, provided it is installed at the time of a regularly scheduled inspection. In addition, during the Term of this Agreement, where an assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then current list price. Software updates, when installed at a time other than the regularly scheduled inspection, will be billed at the rate o1 $205.00 per unit per sofu.vare update. The cost of such software update will be billed in a separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer 233 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page 7 of 8 PHYSIO-CONTROL~ INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULED access to software loading tool at no additional charge. If Repair-Only services are designated for LP 12 units listed in Schedule A, a Physio-Control Technical Services Representative will install aLP 12 software update at the rate of$205.00 per unit per software update. In addition, during the Tenn of this Agreement, where an assembly, i.e., printed circuit board, must be replaced to accommodate installation of new software, such assembly may be purchased by the Customer at a rate of 50% less than the then current list price. The cost of such software update will be billed in a separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services Representative shall provide Customer access to software loading tool at no additional charge. Physio-Control will replace the internal coin cell battery according to the number of such batteries listed in the Additional Items section of Schedule A. It is the Customer's responsibility to request such coin cell battery replacement, gather in a single location the devices that will receive such battery replacement, and to provide to the Physio-Control Technical Services Representative access to those devices. Coin cell battery replacement will take place during the Tenn of this Agreement, according to the number of coin cell batteries listed in the Additional Items section of Schedule A. LIFEP AK® 500 AED · Repair coverage for Physio-Control® QUIK-COMBO™ Patient Simulators included. · Repairs to Physio-Control Lifepak AED Trainers are excluded. · Case Changes are excluded. · Defibrillation and Communications cables are excluded. · External Modems are excluded. ·Battery chargers are included and shall be exchanged up to one battery charger per Lifepak 500 automatic advisory defibrillator (listed on Schedule A) as determined necessary by Physio-Control. · Discounts may not be combined with any other special tenns, discounts and/or promotions. Physio-Control® Battery Pak · Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the LIFEP AK 500 AED Operating Instructions. Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). · If customer provides evidence that a Physio-Control Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years in the case of sealed lead acid batteries and 3 years in the case of lithium ion batteries, Physio-Control shall replace said Physio-Control Battery Pak (like for like) i.e. LIFEPAK 500 SLA for LIFEPAK 500 SLA or LIFEPAK 500 lithium ion for LIFEPAK 500 lithium ion, up to a maximum of2 UFEPAK 500 SLA Battery Paks every two years or up to a maximum of l LIFEP AK 500 lithium ion Battery Pak every 3 years (including prior Support Plan periods) per LIFEPAK® 500 automatic advisory defibrillator (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Physio-Control and must be returned at the time of exchange. · Only batteries manufactured by Physio-Control are covered under this Service Agreement Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Physio-Control cannot guardlltee the operation, safety and/or performance of our product when operating with a non-Physio-Control battery. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Physio-Control battery. Any repairs, as determined by a Physio-Control Service Representative, resulting from the use of a non-Physio-Control battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurred. 234 Reference Number: V57-2458 Printed: 9/24/2009 Renewal Page 8 of 8 THIS PAGE INTENTIONALLY LEFT BLANK 235 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the creation of 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 orgood. Issue: I Shall the Mayor and City Commission adopt the resolution? tern s /R d . ummaryl ecommen at1on: 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 as follows: Permit Miami Beach Based Applicants with current Applicants without Duration Not-For-Profit Business Tax Receipt for current Business Tax same or similar services 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. Advisory Board Recommendation: Financial Information· Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign-Offs: Department Director JR T:\AGENDA\2014\Ja MIAMI BEACH 236 Account JLM d Property-SUMMARY.doc AGENDA ITEM DATE C76- / .... /~/f MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wv.w.miamibeachfl.gov ISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING HE CREATION OF A COMMERCIAL USE PERMIT PROCESS AND FEE FOR THE PU POSE OF LEGITIMIZING AND MANAGEMENT OF FITNESS, TRAINING, TENNIS AND OTHER OUTDOOR PROFESSIONAL SERVICES AT CITY FACILITIES PARKS AND BEACHES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Within the last few years, the awareness and pursuit of healthier and more active lifestyles has proven to become progressively popular. This popularity is widespread and evident on 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 municipalities 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 wher~ but also screen applicants for proper training, certificates, insurarce 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. C:\Documents and Settings\cmgrmaes\Local Settings\Temporary Internet Files\Content.Outlook\BMMHWA58\Commercial Use Permit Fee • Parks and City Owned Property-MEMO.doc 237 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 {2) City approved facilities and pay a $45.00 application fee at the time of request to cover direct costs of pra;essing 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/Jf C:\Documents and Settings\cmgrmaes\Local Settings\Temporary Internet Files\Content.Outlook\BMMHWA58\Commercial Use Permit Fee-Parks and City Owned Property-MEMO.doc 238 RESOLUTION TO BE SUBMITTED 239 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and the City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and the City Clerk to execute Amendment No. 15, to the existing Professional Services Agreement between the City of Miami Beach and Chen Moore & Associates, Inc. (CMA), dated September 8, 2004 for the City Center Right-of-Way Neighborhood Improvement Project in the negotiated, not to exceed amount of $145,174, to provide extended Construction Administration and Resident Project Representative Services to project completion for the City Center Right-of-Way Neighborhood Improvements Bid Pack 9A; with previously appropriated funding from the City Center RDA Fund 365. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that 81% of businesses rated com leted ca ital im rovement ro'ects as "excellent" or" ood." Item Summary/Recommendation: On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678, approving and authorizing the Mayor and City Clerk to execute an Agreement with the firm of Chen Moore & Associates, Inc. (formally Chen & Associates), (CMA), to provide professional services for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way Neighborhood Improvement Project (the Project). The original contract provided only limited Project Closeout Services and no Resident Project Representative Services. On October 24, 2011, after the City performed its due diligence, M. Vila was terminated for cause from the City Center 9A project due to failure to comply with notices of default associated with repeated non- compliance issues, delays, and other contract violations. Refer to Letter to Commission (LTC #290-2011) dated November 14, 2011. The City is currently in litigation with M. Vila, who has claimed wrongful termination. The City has filed a counterclaim against M. Vila to recover its associated damages caused by M. Vila's failure to properly and timely perform its work on the project. Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEl) and Envirowaste Services Group, Inc. (ENV), each under separate job order contracts (JOC) to make repairs resulting from M. Vila's work and to complete the remaining portions of the project. Due to the delays resulting from the need to correct defective underground work performed by M. Vila and the completion of the remaining scope of work, the Consultant was required to perform additional extended construction administration and RPR services for a time period beyond the last Amendment provided to CMA. The additional cost to bring the Consultant services to a current status and extend them to the final completion and close-out of the project is $145,174. City staff has reviewed the consultant's proposal and found the fees to be fair & reasonable. The Administration recommends approval of the resolution. Advisory Board Recommendation: IN/A Financial Information: Financial Amount Information: 1 $145,174 Funds: fj.OBP@_ 2 Total $145,174 Financial Impact Summary: MIAMI BEACH Asst Ci Account 365-2616-061357 City Center Bid Pack A 240 ' j J AGENDA ITEM _G_7-=H~"'T" DATE /-1 )-/lf m MIAMI BEACH ._. City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City C mmission FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP VING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE MENDMENT NO. 15, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN MOORE & ASSOCIATES, INC. (CMA), DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $145,174, TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES TO PROJECT COMPLETION FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENTS BID PACK 9A PROJECT; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE CITY CENTER RDA FUND 365. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding for this Amendment has been previously appropriated in the City Center Bid Package A from the City Center RDA fund 365 in the amount of $145,174, account# 365-2616-061357. BACKGROUND-DESIGN On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678, approving and authorizing the Mayor and City Clerk to execute an Agreement with the firm of Chen Moore & Associates, Inc. (CMA), (formerly Chen & Associates), (Consultant), to provide professional services for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way Neighborhood Improvement Project (the Project). The original contract provided only limited Project Closeout Services and no Resident Project Representative {RPR) Services. Although the Project originally consisted of Construction of Bid Packages 9A and 9B, the project was subsequently divided into three (3) separate Bid Packages. Bid Package 9A: the residential area bounded by Lincoln Road to the south, Washington Avenue to the west, 21st Street to the north, and Collins Avenue to the east. Bid Package 9B, the commercial area bounded by 161h Street to the south, 17th Street to the north, Alton Road to the west, Washington Avenue to the east, including Meridian Avenue to 19th Street west to Convention Center Drive, and Convention Center Drive to Dade Boulevard. Bid Package 9C: within the commercial area on Lincoln Road from Washington Avenue to Collins Avenue. BACKGROUND • CONSTRUCTION On April 22, 2009, the City Commission approved the award of a construction contract to M. Vila & Associates, Inc. (M. Vila) in the amount of $7,589,825 for the construction of the 241 Commission Memorandum City Center ROW Chen Amendment 15 January 15, 2014 Page 2of3 Infrastructure Improvement Project I City Center Historic District Bid Package 9A. CONTRACTOR TERMINATION-M. VILA & ASSOCIATES. INC. On October 24, 2011, after the City performed its due diligence, M. Vila was terminated for cause from the City Center 9A project due to failure to comply with notices of default associated with repeated non-compliance issues, delays, and other contract violations. Refer to Letter to Commission (LTC #290-2011} dated November 14, 2011 (Exhibit A). The City is currently in litigation with M. Vila, who has claimed wrongful termination. The City has filed a counterclaim against M. Vila to recover its associated damages caused by M. Vila's failure to properly and timely perform its work on the project. METRO EXPRESS AND ENVIROWASTE Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEl} and Envirowaste Services Group, Inc. (ENV}, each under separate job order contracts (JOC) to make repairs resulting from M. Vila's work and to complete the remaining portions of the project. MEl and ENV were willing to assume the responsibility of completing the job which had been left with a significant amount of problems requiring correction, such as incomplete and defective water main and fire line connections, incomplete sidewalk, crosswalks and significant roadway repair. In addition, landscaping, irrigation and lighting had not been completed and the condition of the majority of the completed underground drainage was not fully known. The scope of the work also included drainage work and completion of water main work on 20 1h Street. SUMMARY Due to the delays resulting from the need to correct defective underground work performed by M. Vila and the completion of the remaining scope of work, the Consultant was required to perform additional extended construction administration and RPR services for a time period beyond the last Amendment provided to CMA. The additional cost to bring the Consultant services to a current status and extend them to the final completion and close-out of the project, is as follows: Summary of Additional Cost: RPR and Construction Administration Services from June 2013 to November 2013 Construction Administration Services for Close-Out and ongoing litigation Total Cost $ 106,638 38,536 $ 145,174 Construction Administration Services are required for the review of pay applications, change orders and closeout of the project for the extended time beyond the previous anticipated final completion date of May 30, 2013. These services are critical to properly document the deficiencies and corrections required to complete the project. Additional professional services may need to be provided by Consultant associated with the on-going litigation. City staff has reviewed the consultant's proposal and found the fees to be fair & reasonable. The professional services agreement was originally approved in the amount of $2,144,773. Amendments 1 through 14 in the amount of $1,493,360, and this Amendment No. 15 (Exhibit B) in the amount of $145,174, will bring the total contract amount to $3,783,307. 242 Commission Memorandum City Center ROW Chen Amendment 15 January 15, 2014 Page 3 of 3 CONCLUSION The Administration recommends the execution of Amendment No. 15, in the negotiated, not to exceed amount of $145,17 4 to the Professional Services Agreement between the City of Miami Beach and Chen Moore & Associates, Inc., dated September 8, 2004, to provide extended Construction Administration and Resident Project Representative Services to project completion for the City Center Neighborhood Improvement Right-of-Way Project Bid Package 9A project; with previously appropriated funding from the City Center RDA Fund 365. Exhibit A-LTC #290-2011 Exhibit B-Amendment No. 15 JLM/JMT/DM/OS F:\T _Drive\AGENDA\2014\January\CC9A-Chen Amendment\City Center 9A ROW-Chen Amend. No 15 MEMO.docx 243 Exhibit A MIAMI BEACH· OFFICE OF THE CITY MANAGER LTC# ; 290-2011 I ~ITY CLERK'S OFF ICE TO: Mayor Matti Herrera Bower and Members of. the City Commission FROM: Jorge M. Gonzalez, City_·Manager ez¢-. . · November 14, 2011 · . . . .-. DATE: SUBJECT: City Center 9A-New Contractor Commences.Construction Activities The purpose of this Letter to Commission (LTC} is to inform you that the Office of Capital Improvement Projects recently terminated M. Vila and Associates, Inc., for cause and hired Metro Express, Inc;· to complete the scope of work originally intended the City. Center 9A - Neighborhood. The sequence of events as it pertains to contractor termination and replacement occurred 'as follows: ' • October 24, 2011 -M. Vila and Associates was terminated .for cause and asked to demobilize from the project limits. · -_ • October 26, 2011 -M. Vila ar~d Associates demobilized and-removed .all equipment · --'from the site. • October 27, 2011 -Metro Express began a clean-up effort throughout the project limits. · · • October 31, 20t1 -Metro Express officially mobilized to -complete-the City Center 9A · Improvements. _ The scope of work to be finished includes: • Water Main Improvements • Drainage Improvements • Lighting Improvements · • Landscaping Improvements~~ ,.; Roadway Improvements • Hardscape Improvements The immediate effort is to assist Metro Express fn expediting all·work co~cerning the area most used by Art Basel-James Avenue, 18. Street and 21 Street. This work consists of pouring flags of concrete to replace flags of asphalt on sidewalks currently .unfinished, completing bump outs to ensure the safe transit of pedestrians and correct lighting issues. The overall intent or push of:.the project is rectification -Metro Express will focus on specific tasks and work zones in qrder to_':z logistically ~complete" areas, critical to the advancement of the project. All work is expected to be completed by Spring 201.2. The public involvement process or the project was maintained while the contractor was being· terminated. The Public Information Officer (PIO) that was hired by M. Vila and Associates was -retained by Metro Express, Inc. so that impacted stakeholders continue to receive project updates and alerts from the same source. Additionally, the City is coordinating a: Construction 244 ·-: .. . "' '•. Letter to Commission -New Contractor Commences Construction Activities Nove~nber14,2011 Pafle 2of2 Update Meeting in order to present Metro Express, Inc. as the new contractor, explain what scope of work has to be finalized, and provide a schedule update. If yoo/~d!-:n.al questions, please feel free to contact me. JMG/DB~ot:iiMH - We are committed ro providing exceilent public service end safe~f ro ail who live, work, and ploy ir. our v1bm~r. lropicol. historic communiry_ 245 N ~ 0) 1' G$~~· ... rr .:' Title: Project Ill~ Department~ Manaaar~ Category; Doma1n~ Lo~:~atian: Description: Justtfication: Project Tfmeline: 2013-14 Capitl!ll BudgetS Year Capital Improvement Plan c·(~1SIII'I8direti•.N•~""""'""""'"H~Oitlriel~~gA·C"·:·· CCHV Neigh lmprov.-Hi&IQnc Di.&t. 8P9A I'W6Gityclr CIP Office Maria Hernandez cip Water1Stormwatarflandscape!Sidew-alk/Stree1scape lmpruvemenls cityc,nter PWD Annu~d Incremental Operating C!"o"!te•g•o10rle~o--• Cost Personna~ Operating and Maintenance Miscellane-ous TOTAl.. OPI'R.ATIJIIG COST$ : :~ :.· The prcjec:11imlls are bounded by Washington Avenue to the west, Colfins Avenue to the east, Linco1n Road to the South, ant:t DEIICe 81vd. to the nortll, and includes Jame-s, Park, and Libert~ Avenues, 17tn, 18th. 19th. 20th Streets, and 21st Streol wost of Pari< Avenuo. The Cily Center Right of Way (RO'M BP9A lnfrastruclure Improvement Projec.t is a 7.5 million proje-ct which includes impro\lements to the s1ormwater collection and disposal !lystem upgrade, water diS-tribution system upgrades, roadway resurfacing and streetscape ll;!nhaflcemenh, landscaping, 1raffic calming installations, additional pedestrian lightiog, and enhanced pedestrian linkages. As a result of con:struclion sav.ngs, the project bud' get was able to fund the24" PVC Sanitary Sewer Improvement proje-ct on James Ave. during FY2009-10, as wen as. the Stormwater Pipe-Repairs project ($397,529) for the 52'' SnN Cul~rt repair and relining work or. Washington Ave., from 18lh to 21st Street, including associated road re-conslr\lctjon costs during FY2010-11_ This resultant project savings freed up an equivalent bond fur.ds for other projects K!Os Supported: Ensure Value and Timely De~r11ery of Quality Capital Project!, Maintain City's Infrastructure; Maintain Miami Basc.h P1..1blic: Areas; & Rights of Way C~1ywoide: and Improve Storm Dr;linage Citywide.Th~ City ent~red 1nto an agl"fJEtmanl with Chen and Associates ror tl1a design of the proj'!ct on SeP'Iember 8, 2004. The BODR was presented and approved by the City Commissior1 on October 1!l, 2005, and plam. wera approved by the HPB on January 9, 2007 D-e~cri tir:~o Mon_t!Y_Y._,ar pas.crlpticn Month/Year AJE Agreament AVw"elrd: Sep-04 Planning Starts: Nov-04 Planning Completion: O~c-OS Desigl'1 Start!: Dec-05 Des1gn Cc:Jmpletion· A~r-08 s~d Start: F~b-OG Bid Completion: Apr·09 Construction Convect Award< Apr-0~ CollSiruction Starts: Al)rJ-(J9 ConstructiQn Compl-etiort: M"r-'1 F:\CAPI\$aii\_Capital Projects Propooed Budget FY2013·14\CIP BUDGET FY2014 t/312014 4 tB PM 19 of es N ~ ....... J.c..taili1lnjooy,''' ,. ~-· •••• ;.i;o-< :;. ~ •• CastCa~c-ry gn~ Con~b-u~;;OOn Management 305 c::o36'5 Cons!Jvction Fund 365 013185 Cl'lrl~ft! F~d 365 de3e!!i Oesi;n & Engln~I'Mg F1.n1d 365 prn36~ PrQgr.m ~ww.g•m...,t F~ '3113:S pi'I\A?t!. Pro-gram M~mM, Ft.nel-42!!1 Total u1: f~'&llnriuu'f'" :> <;, ',,:,:,z:·: , , , Funding 36S City C-P:nter RnA Cl!lprt81 Fund 428 StormW&Ier Bond& 2000S Total Fanted Total Unfl.nled Tctltl !hJodo•t 2013-14 Cap1tal8udget .5-Year Capital Improvement Plan ,~,~l-·N-In\proVoln-OiootdBI'SA Approprll!ltt!-.1 Mlllf.-year T-atal Eleyon<l ~rlo-rVan. October Ce)mmllslnn Prlnr 2014.115 201:511"6 :lQtt/17 2017111 2011119 Z-D19 Total 2013 ApoJ1K~prlaUm Appruplia11on 1283264 0 0 ~ 0 D 0 0 0 0 1..1§1..ill ~ 0 [l 11251497 0 0 0 0 Q C) ~ z..n..G1 (S.fl1,000l U45.~74) ~ 0 0 D 0 0 0 ~ ~ {1 ,6"JO,OOOJ ~45, F74 2...QIUQ! 0 0 ll 0 Q 0 2.JI.l.UQl 522082 (2{},000) 0 ~ o-0 I] a-IJ 0 ~ .n.QM o iJ ~ o o a o-o o .aw. ~ (2,2.31,000~ 0 152:.2746~ 0 D 0 0-G 0 15227484 ."'.''-,_;.;_; __ :.-··· ' App.raprla.h!d ', :'(2e10) --NolitK>OthOod~vom""">!~t .... b-ilP,9~ Mld-~ar Total PrlurYnrs Odub.P,r cammlnl-on Prior 201.U15 2Gt51UI .201-6111 2t13 Appropr!atlM Appr-r~p-rlat1-on 2017f1i 20111,'!8 Beyond iW1B ',~·f:· .. lata I .!IJ1QJZi (2,23t,QQO) 0 1518937S 0 o 0 0 0 0 15~89379 ~ 0 0 ~ 0 0 __ _!I_ 0 0 0 ~ 17 451-48-4 l2.231,000) 0 1S 227-48-4 0 0 Q 0 0 D t!i 227 464-0 o-0 (I 0 D 0 0 0 0 0 w:~iji~(Vtiri .... il-o"',cojo!loi,§iHtjoi,i;'i;,::,, c;,''','' 17 -45-1 .ft-4 {2.,231 ,_~0~ 115 227 -46-4 . 0 . D 0 _ 0 , ,\ , ~ , .,.',(2111e).......;.trdloll)l'il>otnoodltWMrtt•otoHhllol1oCiOtrtotaPOA ,;: ' Ex~ll\lfllltfO, ~o~e Realloaction of $397,5291o lho StorrnwateJ Plpll!i·Rt!pii!IIN~; poroJI!!cl b-y RHOIIII'~010·Z7531 Nl'lti!!' $ 3~0,000, \111111 r:u!! r~Qu.::"o:;l lq fund C::1ty C!!~tet Ut:i~iati'm new ptoj~ct to pay tor l~i:J!lll"fl!l!:!l li;BuCooet~PytltfQI<tft'C ':" ~,-, Gonsln.lctlon Manageme'"t C.onslruetlc-n Confngerrcy. Des•gn. E~l.ptn~nt· ~:~ ·' %ttfBuriOftt I ~S3.2S4 .... 11,2~1.•Hl1 7l9% ?3,?09 0.5% :t.,016,eo ~ ,),7% 0 00% '(21116),_,1tjclr. Nolgl'ot>O<I\OodtmonW>mont'Hoiortotilol'lc!BPM~, ·,. """"""" ft.nd.a-cl '% fl.nd•d 3W W&S UNF 1.28~.<"84 ,.,. 11251.'!9-7 739% 7! 709 0.5% 2.07e.!l07 13.1~-' 0 00% 6liO,lll1 B% 540,167 35% m~n1. tl'IV,I"!H .l:."J"ft ::J'IU,.IDf J::J-:11) U U U 15,227,1-84 1o-0,., ~5.2:i!1.4ll4 ,,0% TcltAJ •~ ~'>7 • ..,. """., u: """' """ ""'"'*' " n n F:\CAPM-aU\_Cap-1lal Projects Proposed Budget FY2:013-14\CIP BUDGET FY2014 1.'3/2014 4 18 PM FUI'IIMdSW .. ,. 16.41% 313,085 3-f,OI!!i Funded W&S fun;:hd othl-r 1)6:J..Ze-4 11,251,4Q7 73,709 2,078,807 0 502,0~2 1&,18-9,3-79 20 oj 86 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. ·15, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN MOORE & ASSOCIATES, INC. (CMA), DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $145,174, TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES TO PROJECT COMPLETION FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENTS BID PACK 9A; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE CITY CENTER RDA FUND 365. WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and City Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Chen Moore & Associates (formerly Chen and Associates, Inc.) (Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way (ROW) Neighborhood Improvement Project (the Project); and WHEREAS, the Project includes improvements to the stormwater system, water system, roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the public right-of-ways; and WHEREAS, the Project limits are bounded by 161h Street to the South; Dade Boulevard to the North; and from Alton Road on the West, to Collins Avenue on the East; and WHEREAS, on February 8, 2006, the City Commission adopted Resolution No. 2006- 26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925, to include the design of streets cape improvements on Meridian Avenue, from 1 ]~h to 181h Street, and miscellaneous water and wastewater main improvements; and WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006- 26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed $88,081, to include the design of streetscape improvements on 21st Street, between Park and Collins Avenues; and Construction Administration and Resident Project Representative (RPR) services for Lincoln Road, between Collins and Washington Avenues; and WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of bike lanes/routes within the Project; and WHEREAS, on September 5, 2007, the Capital Improvement Projects (CIP} Office executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning services for the proposed improvements along the Lincoln Road corridor, between Washington and Collins Avenues (Bid Package 9C); and WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 5 to the Agreement, for a not-to exceed amount of $23,935, for design revisions to the Bid Package 98, City Center Commercial District Right-of-Way Neighborhood Improvement Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and 248 WHEREAS, on November 14, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 6 to the Agreement, for a not-to exceed amount of $23,766, for design revisions to Lincoln Lane North, between Pennsylvania and Washington Avenue, adjacent to the New World Symphony project; and WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009- 27159, approving Amendment No. 7 to the Agreement, in the amount of $580,424, for Resident Project Representative (RPR) services for Bid Packages 9A and 98, during construction of the Project; and WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed Amendment No. 8 to the Agreement, for a not-to-exceed amount of $21,078, for design revisions necessary for the re-design of 1 yth Street, Pennsylvania Avenue, and Lincoln Lane North, adjacent to the New World Symphony project, and WHEREAS, on February 14, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of $11,235, to provide revisions to electrical drawings indicating service access points from Sound Space Park, and additional services for preparation of a stormwater model to be used to establish existing conditions and determine future stormwater design and collection on Lincoln Road; and WHEREAS, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 10 to the Agreement, for a not-to-exceed amount of $25,000, for additional professional services necessary for Resident Project Representative (RPR) and supplemental construction administration services for Lincoln Road, between Washington Avenue and Collins Avenue, Neighborhood No. 9C, City Center Right of Way Neighborhood Improvement Project; and WHEREAS, on September 28, 2011, the Capital Improvement Projects {CIP) Office executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for additional professional services required to revise the design plans to reflect a wider pedestrian crossing at 1 yth Street and Drexel Avenue and roadway geometry changes at the intersections of 1 yth Street and Pennsylvania Avenue; and 171h Street and Convention Center Drive, resulting from the proposed pedestrian signalization additions on 17th Street between Convention Center Drive and Washington Avenue; and WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012- 27834, approving Amendment No. 12 for a not-to-exceed amount of $152,155, to provide extended Construction Administration and Resident Project Representative Services (RPR) for delays caused by M. Vila's failure to properly and timely perform lts work and for additional remedial work necessary due to M. Vila's contract termination; and WHEREAS, on March 13, 2013, the City Commission adopted Resolution No. 2013- 28161 approving Amendment No. 13 to the Agreement, in an amount not-to-exceed $147,044; for extended Construction Administration and Resident Project Representative Services (RPR) during construction of the project as a result of delays to the project; and WHEREAS, on June 20, 2013, the Capital Improvement Projects (CIP) Office executed Amendment No. 14 to the Agreement, for the not-to-exceed amount of $24,640, for additional professional services required due to extensions of time required as a result of the Contractor's default on the City Center 9C Project; and WHEREAS, the Consultant has submitted a proposal for extended Construction Administration and Resident Project Representative Services (RPR) during construction of the City Center 9A project; and WHEREAS, the total additional fee requested by the Consultant for the additional work is $145,174; and 249 WHEREAS, the Capital Improvement Projects Office has evaluated the Consultant's cost proposal and found the fees to be fair and reasonable; and WHEREAS, this Amendment No. 15 to the Agreement, in the total amount of $145,174, will revise the total contract sum to a not-to-exceed total of $3,783,307. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute Amendment No. 15 to the Professional Services Agreement between the City and Chen Moore & Associates, Inc., dated September 8, 2004 for the City Center Right of Way Neighborhood Improvement Project; said Amendment in the negotiated not- to-exceed amount of $145,17 4, to provide extended construction administration and resident project representative services to project completion; with previously appropriated funding from the City Center RDA Fund 365. PASSED AND ADOPTED THIS ___ DAY OF ____ .2014. ATTEST: CITY CLERK MAYOR 250 APPROVED AS TO FORM & LANGUAGE l & F~,!=XECUTION J'--z_.L· 2t: ' .. ~ -14- / Cil;tMorn~ Date AMENDMENT No. 15 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA Exhibit B AND CHEN MOORE & ASSOCIATES, INC. DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT, IN AN AMOUNT NOT-TO-EXCEED $145, 174; FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES FOR THE CITY CENTER NEIGHBORHOOD NO. 9A This Amendment No. 15 to the Agreement, made and entered this _day of 2014, 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 CHEN MOORE AND ASSOCIATES, INC, a Florida Corporation, having its offices at 500 W. Cypress Creek Road, Suite 410, Fort Lauderdale, Florida 33309 (hereinafter referred to as the Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and City Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Chen Moore & Associates (formerly Chen and Associates, Inc.) (Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way (ROW) Neighborhood Improvement Project (the Project); and WHEREAS, the Project includes improvements to the stormwater system, water system, roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the public right-of-ways; and WHEREAS, the Project limits are bounded by 161h Street to the South; Dade Boulevard to the North; and from Alton Road on the West, to Collins Avenue on the East; and WHEREAS, on February 8, 2006, the City Commission adopted Resolution No. 2006- 26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925, to include the design of streetscape improvements on Meridian Avenue, from 17th to 181h Street, and miscellaneous water and wastewater main improvements; and WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006- 26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed $88,081, to include the design of streetscape improvements on 21st Street, between Park and Collins Avenues; and Construction Administration and Resident Project Representative (RPR) services for Lincoln Road, between Collins and Washington Avenues; and WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of bike lanes/routes within the Project; and WHEREAS, on September 5, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning services for the proposed improvements along the Lincoln Road corridor, between Washington and Collins Avenues (Bid Package 9C); and WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 5 to the Agreement, for a not-to exceed amount of $23,935, for design revisions to the Bid Package 9B, City Center Commercial District Right-of-Way Neighborhood Improvement Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and WHEREAS, on November 14, 2008, the Capital Improvement Projects {CIP} Office executed Amendment No. 6 to the Agreement, for a not-to exceed amount of $23,766, for design 251 revisions to Lincoln Lane North, between Pennsylvania and Washington Avenue, adjacent to the New World Symphony project; and WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009- 27159, approving Amendment No. 7 to the Agreement, in the amount of $580.424, for Resident Project Representative {RPR) services for Bid Packages 9A and 98, during construction of the Project; and WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed Amendment No. 8 to the Agreement, for a not-to-exceed amount of $21 ,078, for design revisions necessary for the re-design of 17tn Street, Pennsylvania Avenue, and Lincoln Lane North, adjacent to the New World Symphony project, and WHEREAS, on February 14, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of $11 ,235, to provide revisions to electrical drawings indicating service access points from Sound Space Park, and additional services for preparation of a stormwater model to be used to establish existing conditions and determine future stormwater design and collection on Lincoln Road; and WHEREAS, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 10 to the Agreement, for a not-to-exceed amount of $25,000, for additional professional services necessary for Resident Project Representative (RPR) and supplemental construction administration services for Lincoln Road, between Washington Avenue and Collins Avenue, Neighborhood No. 9C, City Center Right of Way Neighborhood Improvement Project; and WHEREAS, on September 28, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for additional professional services required to revise the design plans to reflect a wider pedestrian crossing at 1 yth Street and Drexel Avenue and roadway geometry changes at the intersections of 171h Street and Pennsylvania Avenue; and 17ttJ Street and Convention Center Drive, resulting from the proposed pedestrian signalization additions on 17th Street between Convention Center Drive and Washington Avenue; and WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012- 27834, approving Amendment No. 12 for a not-to-exceed amount of $152,155, to provide extended Construction Administration and Resident Project Representative Services (RPR) for delays caused by M. Vila's failure to properly and timely perform its work and for additional remedial work necessary due to M. Vila's contract termination; and WHEREAS, on March 13, 2013, the City Commission adopted Resolution No. 2013-- 28161 approving Amendment No. 13 to the Agreement, in an amount not-to-exceed $147,044; for extended Construction Administration and Resident Project Representative Services (RPR) during construction of the project as a result of delays to the project; and WHEREAS, on June 20, 2013, the Capital Improvement Projects (CIP) Office executed Amendment No. 14 to the Agreement, for the not-to-exceed amount of $24,640, for additional professional services required due to extensions of time required as a result of the Contractor's default on the City Center 9C Project; and WHEREAS, the Consultant has submitted a proposal for extended Construction Administration and Resident Project Representative Services (RPR) during construction of the City Center 9A project; and WHEREAS, the total additional fee requested by the Consultant for the additional work is $145,174; and WHEREAS, the Capital Improvement Projects Office has evaluated the Consultant's cost proposal and find that it is fair and reasonable; and 252 WHEREAS, this Amendment No. 15 to the Agreement, will revise the total contract sum to a not-to-exceed total of $3,783,307. 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. 15. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Attachment A-15 and Schedule B, attached hereto. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 15. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 15 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: Rafael Granado, City Clerk ATIEST: Secretary Print Name APPROVED AS TO FORM & LANGUAGE & F, EXEC,U~I()_N, ( ~~ :\_ ;;cityA~~ CITY OF MIAMI BEACH, FLORIDA Philip Levine, Mayor CONSULTANT: CHEN MOORE AND ASSOCIATES, INC. President Print Name f-1-{ti-- Date 253 SCHEDULE "A-15" SCOPE OF SERVICES Task 5.8.1.5 -Resident Project Representative Services and Construction Services BP9A: CONSULTANT shall provide qualified, resident project representative to provide a quantity and quality of observation as required to reasonably verify that critical elements of the construction project are being complied with, and that the general intent of the contract documents is being met. In this effort, CONSULTANT's level of effort shall be based upon 1,823 hours of field representation and project support. Should this level of effort be exceeded or decreased, an equitable adjustment shall be made accordingly. The CONSULTANT's field staff shall be on-site at all times when the Contractor is on the job, as practicable. In addition, the CONSULTANT's level of effort is based upon the assumption that the resident project representative shall monitor all Contractor work crews as specified by the CONSULTANT in the contract document construction sequencing requirements. CONSULTANT shall attend construction meetings with the Contractor(s), and applicable CITY representatives for the duration of the construction as necessary. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals, and contract document clarifications and interpretations. These meetings shall also serve as a forum for discussion of construction issues, potential changes I conflicts and any other applicable matters. In general, the CONSULTANT's resident project representative shall observe the construction of the work and; (a) CONSULTANT shall conduct on-site observations of the work in progress to determine if the contract documents and permit requirements are being complied with and to protect the CITY, through the CIP PROJECT COORDINATOR, against Contractor work defects and deficiencies. CONSULTANT shall advise the CITY, through the CIP PROJECT COORDINATOR, in writing, whenever work is determined to not conform to the contract documents. The CONSULTANT's observer shall attend all scheduled meetings with the Contractor. (b) Maintain a daily log of work performed. The daily notes shall include records of when the Contractor is on the job-site, weather conditions, change orders, or changed conditions, list of job site visitors, daily drilling and testing activities, observations in general, and specific observations in more detail as in the case of observing test procedures. Record, in writing, the outcome of these inspections. CONSULT ANT shall identify any utilities damaged and verify that the Contractor (s) has notified the respective utility owner. (c) Verify that tests, equipment and systems start-up are conducted in the presence of appropriate personnel and that the Contractor maintains adequate records thereof; and observe, record, and report appropriate details relative to the test procedures and start- up. 254 (d) Provide a photographic record of the construction, beginning with pre-construction documentation and completing with post-construction photographs. Photographs shall be digital snapshot type taken to define the progress of the project and shall indicate date, location, view and electronically filed by month by the CONSULTANT. (e) Review materials and workmanship of the project and report to CITY, through the CIP PROJECT COORDINATOR, any deviations from the Contract Documents that may come to the CONSULT ANT's attention. Determine the acceptability of the work and materials and make recommendations to CITY, through the CIP PROJECT COORDINATOR, to reject items not meeting the requirements of the contract documents. (f) Check Contractor(s) material certifications and samples, verifying that delivered materials match approved shop drawings. (g) Field observe critical points in the construction process. (h) Direct and supervise the sampling and testing of materials to be performed by independent testing laboratories under subcontract to the CITY. This task includes the receipt, review and processing of invoices from the independent testing laboratories for payment by the CITY. (i) Monitor that record drawing mark-ups are properly maintained by the Contractor, including progressive record drawings and as-builts. (j) The CONSULTANT's resident project representative shall coordinate with its office staff as necessary to resolve I address all Requests for Information I Contract Document Clarifications I Field Orders, Change Orders and other such project related correspondence as may be forwarded by the Contractor, through the CIP PROJECT COORDINATOR (k) Attend construction meetings as scheduled. (1) Attend additional meetings with contractor(s) completing work on the project as necessary. (m)CONSULTANT shall review, verify and sign off on all pay requlSltlOns. CONSULANTS level of effort includes reviewing Six (6) JOC pay requisitions. In this effort the CONSULTANT shall advise the CIP PROJECT COORDINATOR of percentage complete being recommended for concurrence. If Contractor's work schedule requires RPR to visit the site outside of normal work schedule, CONSULTANT will be entitled to an equitable adjustment accordingly, based on the hourly rates set in Schedule B. 255 Upon receiving notice from the Contractor( s) advising the CONSULT ANT that the project is substantially complete, CONSULTANT, in conjunction with appropriate CITY staff, shall schedule and conduct an overview of the project for Bid Package 9A. The overview shall include CONSULTANT'S development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. The list shall be forwarded to the Contractor(s). For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the project where the project can be utilized for the purposes for which it was intended, and where minor items may not be fully completed, but all items that affect the operational integrity and function of the project are capable of continuous use. Substantial Completion criteria shall be as specified by the CONSULTANT in its contract documents, and shall also address the startup ofwarranties accordingly. Upon notification from Contractor(s) that all remaining "punch list" items have been resolved, the CONSULT ANT, in conjunction with appropriate CITY staff, shall perform a fmal review of the fmished project(s). Based on successful completion of all outstanding work items by the Contractor(s), the CONSULTANT shall assist CITY in closing out the construction contract. This shall include, but not be limited to, providing recommendations concerning acceptance of the project and preparing/collecting necessary documentation, including but not limited to, lien waivers, Contractor's final affidavit, close-out change orders, consent of surety to fmal payment, processing of final payment application, and review of items pertaining to on-going litigation with respect to contractual requirements. Deliverables: -Provide resident project representation on the project. -Prepare Daily Construction Observation Forms. -Review invoices for independent testing laboratories. -Provide photographic records. -Prepare responses for RFI's and prepare Field Orders. -Conduct reviews and responses to Change Orders. -Prepare response for dispute resolutions. -Conduct reviews and recommendation for claims. -Attend construction meetings as scheduled. -Attend additional meetings with Contractor(s) completing work on the project as necessary - Review and recommend payment for monthly contractor pay requests. -Receive Contractor(s) substantial completion notification. -Coordinate and attend field meetings to review Substantial Completion. -Prepare and verify that punch lists are completed. -Certify project completion to appropriate agencies. Schedule -Ongoing throughout Project. H·1PROPOSALS',"l{)IJ\PH.099 Mlrrmi BefldiiOzv C~nre,. 9A1CC9A.-$t;ope cfSero-·ice AmerrdmenJ JJ_JJ0822 rev 2013122].df')C:J; 256 N CJ'I ....... SCHEDULE B-AMENDMENT 15 CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE PROGRAM A-E CONSULTANT CONSULTANT'S COMPENSATION FEE SCHEDULE CITY CENTER 9A ri.IP"ROPOSALS\201:!\F13.099~~n· 6-e.wo;h'.CIIy~ntoer'il"'o.\S<;~~ B· .=.., S<:MdL»-A.ddrhonal5•m"c:es O...ng Con&trucllon-201~_08_22 R'e. 2m31:>23 r~\1 12123.12013 COMMISSION ITEM SUMMARY Key Intended Outcome Supported: . Designation and retention of historically significant properties. Supporting Data (Surveys, Environmental Scan, etc.): 78% of residential respondents and 82% of businesses rate historic preservation efforts throughout the City as "very effective" or "somewhat ~ffective." Issue: Shall the Mayor and City Commission adopt the proposed resolution, approving a Preconstruction Application for Historic Ad Valorem Tax Exemption for a single-family property located at 2301 North Meridian Avenue? Item Summary/Recommendation: The Administration recommends approval of the resolution. Advisory Board Recommendation: On November 12, 2013, the City's Historic Preservation Board held a public hearing and voted to approve the individual designation of the single-family residence at 2301 North Meridian Avenue as an historic structure. Additionally, the Board reviewed and approved a Certificate of Appropriateness for the proposed improvements to the property. At the same public hearing, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 2301 North Meridian Avenue. 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. Clerk's Office Le islative Trackin Richard Lorber or Debbie Tackett Si n-Offs: Department Director MIAMI BEACH 258 AGENDA ITEM __ C_7...:........:..Z---:- DATE /·· f'f-Jff MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, '.Wffl.miomibeochfl.gov ISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City Co mission FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPR VING A PRECONSTRUCTION APPLICATION FOR HISTORIC AD VALOREM TAX EXEMPTION FOR A SINGLE-FAMILY PROPERTY AT 2301 NORTH MERIDIAN AVENUE, AND AUTHORIZING THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S PORTION OF AD VALOREM PROPERTY TAXES FOR QUALIFYING IMPROVEMENTS TO THE SUBJECT PROPERTY FOLLOWING SUBSTANTIAL COMPLETION OF THE PROJECT AND COMPLIANCE WITH CERTAIN CONDITIONS. RECOMMENDATION Adopt the Resolution. BACKGROUND Historic Single-Family Ad Valorem Tax Exemption On December 8, 2004, the City of Miami Beach enacted legislation that authorizes an exemption for its portion of ad valorem taxes for improvements to historically designated single- family homes (Sections 118-600 to 118-612 of the Miami Beach City Code). This legislation allows for the City's portion of property taxes to be "frozen" at the rate they were assessed before qualifying improvements are made to an historic single-family home for a period of ten (10) years. The "freezing" is accomplished by removing from the assessment the incremental value added by the qualifying improvements. Only the incremental value of the qualifying improvements shall be "frozen" for the ten year period. Qualifying improvements are the result of restoration, renovation, rehabilitation and/or compatible additions to an historic single-family property. In order for an improvement to qualify for an exemption, the improvement must be determined by the Historic Preservation Board and City Commission to be consistent with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code. However, the Miami-Dade County Property Appraiser's Office will make the final determination of whether an improvement qualifies for an exemption. The application for Historic Ad Valorem Tax Exemption is a two step process. The "Part 1 - Preconstruction Application" is normally submitted to the Planning Department prior to any construction or demolition for an eligible single-family property. The "Part 2 -Review of 259 Commission Memorandum Historic Single-Family Ad Valorem Tax Exemption 2301 North Meridian Avenue January 15, 2014 Page 2 of 4 Completed Work" is submitted to the Planning Department upon substantial completion of the project. Upon submittal of a completed Part 1 -Preconstruction Application, the Planning Department will schedule the request for approval of Historic Ad Valorem Tax Exemption from the Historic Preservation Board at their next regularly scheduled meeting. The Board will review and make a recommendation to the City Commission to grant or deny an application for tax exemption. The Planning Department will transmit the request for approval of Historic Ad Valorem Tax Exemption, together with the Part 1 -Preconstruction Application and the recommendations of the Historic Preservation Board and staff, for final consideration by the City Commission at a regularly scheduled meeting. A majority vote of the City Commission is required to approve an application for tax exemption. For final approval of an Historic Ad Valorem Tax Exemption, the applicant must submit to the Planning Department the Part 2 -Review of Completed Work upon substantial completion of the project. A review will be conducted by Planning Department staff to determine whether or not the completed improvements are in compliance with the work approved by the City Commission in the Part 1 -Preconstruction Application. To qualify for a tax exemption, the property owner is required to enter into a covenant or agreement with the City guaranteeing that the character of the property and its qualifying improvements will be maintained during the period that the exemption is granted. 2301 North Meridian Avenue On November 12, 2013, the City's Historic Preservation Board held a public hearing and voted to approve the individual designation of the single-family residence at 2301 North Meridian Avenue as an historic structure. At the same public hearing, the Historic Preservation Board reviewed and approved the proposed improvements to the subject single-family property and granted a Certificate of Appropriateness, subject to certain conditions indicated in the Final Order of the Board At the same public hearing, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 2301 North Meridian Avenue. ANALYSIS In accordance with Section 118-604 of the Miami Beach City Code, an eligible single-family property must file a written application for Historic Ad Valorem Tax Exemption with the Planning Department prior to any construction or demolition. The tax exemption ordinance was adopted by the City Commission on December 8, 2004. The subject single-family property was determined to be an Historic Structure by the Historic Preservation Board on February 14, 2012. Thereby, the subject single-family property is eligible to apply for an Historic Ad Valorem Tax Exemption. SCOPE OF PROJECT The applicant is requesting that the Historic Preservation Board recommend approval of an application for Historic Ad Valorem Tax Exemption for the single-family property at 2301 North 260 Commission Memorandum Historic Single-Family Ad Valorem Tax Exemption 2301 North Meridian Avenue January 15, 2014 Page 3of 4 Meridian Avenue. In brief, the project includes the improvements to the historic residence and site indicated below. A. Exterior Architectural Features 1. All existing, non-original windows will be replaced with new hurricane impact resistant, energy efficient windows to match as closely as possible to the original configuration in accordance with available historical documentation. The brick sills and wood shutters will be reintroduced to match the historic configuration. 2. The existing non-original, "Aitusa" Spanish tile roof will be replaced with a new "Aitusa" Spanish tile roof. 3. A new, approximately 440 square foot, 2-story addition will be constructed at the northwest portion of the home to accommodate an expanded garage on the ground level and a new bedroom, bathroom and private terrace on the second level. This addition has been designed in a manner compatible with historic architecture. 4. A new, approximately 88 square foot, 1-story ground level addition will be constructed at the north portion of the home in order to accommodate an expanded kitchen. This addition has been designed in a manner compatible with historic architecture. 5. A new, approximately 200 square foot, 1-story ground level addition will be constructed at the northeast portion of the home to accommodate an expanded master bedroom with new bathroom and private terrace. This addition has been designed in a manner compatible with historic architecture. 6. All existing non-code compliant Mechanical, Electrical and Plumbing systems will be replaced with new code compliant systems. B. Landscape Features (The landscape and site improvements indicated below are not considered to be qualifying for the tax exemption.) 1. New fountain in entrance walkway. 2. New pool and pool deck 3. A new exterior door to the den/library will be added to accommodate direct access to the terrace. There will also be a planter similar to the historic planters flanking the main entrance. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact {at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. According to the applicant, the estimated cost of the entire project is $575,000 and the value of the proposed qualifying improvements for the subject single-family property is $400,000. The 261 Commission Memorandum Historic Single-Family Ad Valorem Tax Exemption 2301 North Meridian Avenue January 15, 2014 Page 4 of 4 project commencement date is scheduled for April 1, 2014 and the estimated project completion date is December 1, 2014. Please note that the revenue implication calculation provided below is a rough approximation. It assumes that the Miami-Dade County Property Appraiser's Office will not reduce the actual square footage of the additions to adjusted square footage. It assumes that the City's millage rate, the building market value, as well as the building class and grade value will remain the same. It is also based solely on the estimated value of the new additions and not to any repairs to the historic residence. The Miami-Dade County Property Appraiser's Office determined in 2013 that the subject property has an adjusted square footage of 2,190 and a building value of $221,875. The lot size is approximately 9,432 square feet with a land value of $358,108. The Property Appraiser's Office advised that the subject property has an effective building value per adjusted square foot of $101 which is based upon its building class and grade. According to the applicant, approximately 728 square feet of qualifying building additions will be added to the site. Then the estimated value of the proposed increase in qualifying square footage only, would be $73,528. This figure does not include any other qualifying improvements that the County Tax Appraiser may determine to add value to the property. The County Tax Appraiser may determine certain improvements to the existing structure to be maintenance and therefore not adding building value to the property. In FY 2013/14, the adopted millage rate for the City of Miami Beach is 5.8634. For the sole purpose of providing an estimated savings to the property owner {based on solely on the square footage of qualifying additions), we will assume there will be no change in millage rate over the ten year period in which the exemption is granted. When using the estimated 5.8634 millage rate for FY 2013/14, the applicant will save annually approximately $450 from Miami Beach's portion of property taxes. Again, this calculation is a rough estimate of the revenue implication to the City due to many variables. Since the City of Miami Beach enacted legislation that authorizes an exemption for its portion of ad valorem taxes for improvements to historically designated single-family homes on December 8, 2004, a total of seventeen (17) historic single family home owners have applied for the exemption. As of the date of this memo, a total of five (6) applications have been finalized and processed by the Miami-Dade County Tax Appraiser for a total yearly exemption of $32,770 from the city's portion of the taxes (this number is based on the 2013/2014 millage rate). CONCLUSION In view of the foregoing analysis, and consistency with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code, Administration recommends that the City Commission approve the application for Miami Beach Historic Ad Valorem Tax Exemption for the single-family residence at 2301 North Meridian Avenue. JLM/JMJ/RGLIDJT F:\PLAN\$HPB\Ad Valorem Tax Exemptions\CC Memos\2301 North Meridian Av\2301 North Meridian Ave_ Tax Exemp_Memo.docx 262 ---------- RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PRECONSTRUCTION APPLICATION FOR HISTORIC AD VALOREM TAX EXEMPTION FOR A SINGLE-FAMILY PROPERTY AT 2301 NORTH MERIDIAN AVENUE, AND AUTHORIZING THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S PORTION OF AD VALOREM PROPERTY TAXES FOR QUALIFYING IMPROVEMENTS TO THE SUBJECT PROPERTY FOLLOWING SUBSTANTIAL COMPLETION OF THE PROJECT AND COMPLIANCE WITH CERTAIN CONDITIONS. WHEREAS, the Mayor and City Commission have deemed it in the best interest and welfare of the City of Miami Beach ("City") to provide financial incentives for the retention and rehabilitation of architecturally and historically significant single-family homes in Miami Beach; and WHEREAS, on December 8, 2004, the Miami Beach City Commission adopted Ordinance No. 2004-3469 that authorizes an exemption for the City's portion of ad valorem taxes if qualifying improvements are made to historically designated single-family homes; and WHEREAS, Courtney Lord and Karen Lord, the owners of real property located at 2301 North Meridian Avenue (Lot 40 in Block 2 of Mid Golf Subdivision, according to the Plat thereof, as recorded in Plat Book 4 at Page 200 of the Public Records of Miami-Dade County, Florida), submitted requests to the City's Planning Department for the following: a) designation of the property as an historic structure, b) a Certificate of Appropriateness, and c) an Historic Ad Valorem Tax Exemption for the subject property; and WHEREAS, on November 12, 2013, the City's Historic Preservation Board held a public hearing and voted unanimously (7 to 0) to approve the individual designation of the single-family residence at 2301 North Meridian Avenue as an historic structure [Exhibit "A"]; and WHEREAS, at the same public hearing, the Historic Preservation Board reviewed and approved the proposed improvements to the subject single-family property and granted a Certificate of Appropriateness, subject to certain conditions indicated in the Final Order of the Board [Exhibit "8"]; and WHEREAS, at the same public hearing, the Historic Preservation Board voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 2301 North Meridian Avenue [Exhibit "C"]; and WHEREAS, the Historic Preservation Board has certified that the subject single-family property for which an exemption is requested is eligible and satisfies Section 118-602(a) of the Miami Beach City Code; and WHEREAS, the Historic Preservation Board has determined that the proposed improvements to the subject single-family property are consistent with the Secretary of the 263 Interior's Standards for Rehabilitation and the Certificate of Appropriateness criteria in Section 118-564 of the Miami Beach City Code, in accordance with Section 118-602(b); and WHEREAS, the City's Planning Department has recommended that this request for a tax exemption for the subject single-family property be granted, subject to all of the conditions set forth herein and the Historic Preservation Board Order [Exhibit "B"]. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Preconstruction Application for Historic Ad Valorem Tax Exemption for the subject single-family property at 2301 North Meridian Avenue be approved, subject to the conditions of the Historic Preservation Board Order (Exhibit "B") and the following conditions: 1. Scope of Tax Exemption. The exemption shall apply to one hundred (1 00) percent of the assessed value of all qualifying improvements to the single-family property that result from restoration, renovation, rehabilitation, and/or compatible additions. The exemption applies only to taxes levied by the City. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to the Miami Beach City Code or the Florida Constitution. The exemption does not apply to personal property or to properties located within a community redevelopment area. The Miami-Dade County Property Appraiser's Office will make the final determination of whether an improvement qualifies for an exemption. 2. Approved Qualifying Improvements. The qualifying improvements to the subject single- family property delineated below are considered to be eligible for the tax exemption, as submitted to and approved by the City's Historic Preservation Board. a. All existing, non-original windows will be replaced with new hurricane impact resistant, energy efficient windows to match as closely as possible to the original configuration in accordance with available historical documentation. The brick sills and wood shutters will be reintroduced to match the historic configuration. b. The existing non-original, "Aitusa" Spanish tile roof will be replaced with a new "Aitusa'' Spanish tile roof. c. A new, approximately 440 square foot, 2-story addition will be constructed at the northwest portion of the home to accommodate an expanded garage on the ground level and a new bedroom, bathroom and private terrace on the second level. This addition has been designed in a manner compatible with historic architecture. d. A new, approximately 88 square foot, 1-story ground level addition will be constructed at the north portion of the home in order to accommodate an expanded kitchen. This addition has been designed in a manner compatible with historic architecture. e. A new, approximately 200 square foot, 1-story ground level addition will be constructed at the northeast portion of the home to accommodate an expanded master bedroom with new bathroom and private terrace. This addition has been designed in a manner compatible with historic architecture. f. All existing non-code compliant Mechanical, Electrical and Plumbing systems will be 2 264 replaced with new code compliant systems. 3. Duration of Tax Exemption. The exemption shall take effect on the January 181 following substantial completion of the improvements. The exemption shall remain in effect for ten (1 0) years. The duration of ten (1 0) years shall continue regardless of any change in the authority of the City to grant such exemptions or any changes in ownership of the property. 4. Required Covenant. The property owner shall enter into a covenant with the City for the term for which the exemption is granted. The covenant shall be form approved by the City Attorney and shall require that the character of the property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. Before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Miami-Dade County, Florida. The covenant shall be binding on the current property owner, transferees, and their heirs, successors, and assigns. Violation of the covenant shall result in the property owner being required to pay the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3). 5. Building Permit Plans and Construction. Building permit plans must accurately reflect all improvements approved by the Historic Preservation Board and City Commission in the Preconstruction Application and architectural drawings for the single-family property. All work on site must be in accordance with the building permit plans. 6. Amendments. All proposed amendments to the approved application and permit plans must be reviewed and approved prior to the completion of the improvements. Minor amendments to permit plans may be approved by the Planning Department provided such amendments are consistent with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness criteria in Section 118-564 of the Miami Beach City Code. Major amendments to the approved plans must be reviewed and approved by the Historic Preservation Board. 7. Completion of Work. An application must complete all work within 30 months following the date of approval by the city commission. An approval for ad valorem tax exemption shall expire if the building permit for the approved work is not issued within the timeframes specified under the corresponding certificate of appropriateness, or if a full building permit issued for the approved work should expire or become null and void, for any reason. The approval for ad valorem tax exemption shall be suspended if such permit is issued but the property owner has not submitted a final request for review of completed work within 30 months following the date of approval by the city commission. The historic preservation board, for good cause shown, may extend the time for completion of a substantial improvement for a period not to exceed two years from the completion date in the original approval by the city commission, or such lesser time as may be prescribed by the board. Such extension shall only be considered by the board if the corresponding certificate of appropriateness for the improvements approved by the city commission is active and the applicant submits a request in writing to the planning department no later than 90 calendar days after the expiration of the completion deadline. If the board grants the extension of time request, any suspension of the 3 265 approval for ad valorem tax exemption shall be lifted and all work shall be completed by the date mandated in the board order. A second extension, not to exceed two additional years, may be considered by the board if a valid full building permit for the improvements approved by the city commission is active and the applicant submits a request in writing to the planning department no later than 90 calendar days after the expiration of the completion deadline specified in the first extension. The failure to complete all required work within the timeframes mandated under an approved extension of time shall result in a permanent revocation of the approval for the ad valorem tax exemption. If the board denies a request for an extension of time, any suspension shall become a permanent revocation of the approval for ad valorem tax exemption. As a condition of any extension of time, the historic preservation board may require that the building site be properly maintained, screened and secured. 8. Review of Completed Work. A request for review of completed work shall be submitted to the planning department. The planning director, or designee, shall conduct a review to determine whether or not the completed improvements are in compliance with the work approved by the city commission, including approved amendments, if any. If the planning director, or designee, determines that the work is in compliance with the plans approved pursuant to city commission approval of the tax exemption, the final request for review of completed work shall be approved and issued in writing to the applicant. The city reserves the right to inspect the completed work to verify such compliance. If the planning director, or designee determines that the work as complete is not in compliance with the plans approved pursuant to city commission approval of the tax exemption, the applicant shall be advised that the final request for review of completed work has been denied. Such denial shall be in writing and provide a written summary of the reasons for the determination, including recommendations to the applicant concerning the changes to the proposed work necessary to bring it into compliance with the approved plans. The applicant may file an appeal of the decision of the planning director, or designee, within 15 days of such decision. The appeal shall be in writing and shall be to the historic preservation board and shall set forth the factual and legal bases for the appeal. 9. Notice of Approval to the Property Appraiser. Upon the receipt of a certified copy of the recorded restrictive covenant, the Planning Department shall transmit a copy of the approved request for Review of Completed Work, the exemption covenant, and the resolution of the City Commission approving the final application and authorizing the tax exemption to the Miami-Dade County Property Appraiser's Office. Final verification of substantial completion of the improvements shall be determined by the Miami-Dade County Property Appraiser's Office. If final verification of substantial completion and approval are given by the Miami-Dade County Property Appraiser's Office, the exemption shall take effect on the January 151 following substantial completion of the improvements. PASSED and ADOPTED this-----day of---------' 2014. MAYOR 4 266 ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION: fCITY ATTO EY ~ DATE T:\AGENDA\2014\January\2301 North Meridian Av Tax Exemption-Reso.docx 5 267 SINGLE-FAMILY RESIDENCE 2301 North Meridian Avenue HISTORIC STRUCTURE DESIGNATION REPORT PREPARED BY EXHIBIT 'A' CITY OF MIAMI BEACH PLANNING DEPARTMENT DESIGN, PRESERVATION & NEIGHBORHOOD PLANNING DIVISION Richard G. Lorber, AICP, LEED AP, Acting Director, Planning Department William H. Cary, Assistant Planning Director Debbie Tackett, Principal Planner Laura Camayd, Planner CITY OF MIAMI BEACH HISTORIC PRESERVATION BOARD Herb Sosa, Chair Henry Lares Jo Manning David Wieder Jane Gross Dominique Bailleul Ira Giller November 12,2013 Adopted on November 12, 2013 (HPB File No. 7387) 268 EXHIBIT 'A' I. REQUEST The applicants, Courtney Lord and Karen Lord, are requesting that the Historic Preservation Board approve a request for the designation of an existing single-family home as an historic structure. II. DESIGNATION PROCESS The process of designation for historic structures is delineated in Section 118-591 (f) in the Land Development Regulations of the City Code. An outline of this process is provided below: Step One: An application for the individual designation of a single-family home as an historic structure is submitted by the property owner to the Planning Department for recommendation to the Historic Preservation Board. The Board will make a determination as to whether the single-family home may be designated as an historic structure based upon the requirements and criteria of Section 118-592 in the Land Development Regulations of the City Code. Step Two: Upon receipt of a completed application package, the Planning Department prepares a Designation Report that will be presented to the Historic Preservation Board at a regularly scheduled meeting. The Designation Report is an historical and architectural analysis of the proposed historic structure. Step Three: The Designation Report is presented to the Historic Preservation Board at a public hearing. If the Board finds that the proposed single-family designation application meets the criteria set forth in Section 118-592 of the Land Development Regulations in the City Code, it may formally adopt the single- family home as a local historic structure. No public hearing is required before the Planning Board or City Commission. Upon the designation of a single-family home as an historic structure, the structure is subject to the Certificate of Appropriateness requirements of Article X of the Land Development Regulations in the City Code, with the exception of the interior areas of the structure (which are not be subject to such regulations). Ill. RELATION TO ORDINANCE CRITERIA 1. In accordance with Section 118-592 in the Land Development Regulations of the City Code, eligibility for designation is determined on the basis of compliance with the listed criteria set forth below. (a) The Historic Preservation Board shall have the authority to recommend that properties be designated as historic buildings, historic structures, historic improvements, historic landscape features, historic interiors (architecturally significant public portions only), historic sites or historic districts if they are significant in the historical, architectural, cultural, aesthetic or archeological heritage of the city, the county, state or nation. Such properties shall possess an integrity of location, design, setting, materials, workmanship, feeling or association and meet at least one {1) of the following criteria: (1) Association with events that have made a significant contribution to the history of the city, the county, state or nation; 2 269 EXHIBIT 'A' (2) Association with the lives of persons significant in the city's past history; (3) Embody the distinctive characteristics of an historical period, architectural or design style or method of construction; ( 4) Possesses high artistic values; (5) Represent the work of a master, serve as an outstanding or representative work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage; (6) Have yielded, or are likely to yield information important in pre-history or history; (7) Be listed in the National Register of Historic Places; (8) Consist of a geographically definable area that possesses a significant concentration of sites, buildings or structures united by historically significant past events or aesthetically by plan or physical development, whose components may lack individual distinction. (b) A building, structure {including the public portions of the interior), improvement or landscape feature may be designated historic even if it has been altered if the alteration is reversible and the most significant architectural elements are intact and repairable. 2. The single-family residence at 2301 North Meridian Avenue is eligible for designation as an historic structure as it complies with the criteria as specified in Section 118-592 in the Land Development Regulations of the City Code outlined above. Staff finds that the proposed Historic Single Family Home located at 2301 North Meridian Avenue possesses integrity of location, design, setting, materials, workmanship, feeling, or association for the following reasons: Satisfied; The construction of the home located at 2301 North Meridian Avenue in 1936, during the Great Depression, was clearly significant in the successful development history of the City of Miami Beach. The proposed historic home still possess the integrity of its original location at 2301 North Meridian Avenue, despite more than seventy years of hurricanes, storms, and economic crises. Further, the original building still retains many of its historic materials, details, and workmanship as well as the feeling of its 1930s period of construction in Miami Beach. {a) Staff finds the proposed historic site to be eligible for historic designation and in conformance with the designation criteria for the following reasons: (3) Embody the distinctive characteristics of an historical period, architectural or design style or method of construction; This house, altered only minimally since its construction, is a prime example of what is termed the "Med-Deco Transitional" architectural style, common in Miami Beach in the 1930s. Mediterranean Revival elements 3 270 EXHIBIT 'A' predominate here and include asymmetrical massing, multiple-gable roofs of clay barrel tile and rounded arches. A feature porthole window, numerous casement windows, and a smooth stucco finish references the design vocabulary of the Art Deco style in Miami Beach. (4) Possesses high artistic values; The structure located at 2301 N Meridian Ave was designed in the "Med- Deco Transitional" architectural style. The Med-Deco (abbreviation for Mediterranean Revival-Art Deco) style was a popular transitional design style in the City in the early 1930s. The style was a hybrid between the popular Mediterranean Revival Style and the new architectural style immerging in the Miami Beach, Art Deco. The style kept elements from the Mediterranean Revival design features such as the projecting balconies, arches, cornices, niches and entrance surrounds and at the same time it borrowed the clean ziggurat roof fines, crisp geometric detailing, and other features of Art Deco. (5) Represent the work of a master. serve as an outstanding or representative work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage; The house was designed by successful local architect, Robert A Taylor, in 1936. Taylor was the principal architect for N.B. T. Rooney, an early Miami Beach developer. Notable architectural works among Taylor's outstanding career include Rooney's "Spanish Village" on Espanola Way in 1925, the Beach Patrol Headquarters at 1001 Ocean Drive, the George Browne residence at 1700 James Avenue (Browne was Rooney's safes manager) in 1925 and the Cromwell Hotel, as well as numerous homes throughout the city. (b) A building, structure (including the public portions of the interior). improvement or landscape feature may be designated historic even if it has been altered if the alteration is reversible and the most significant architectural elements are intact and repairable. The original 1936 single-family residence located at 2301 North Meridian Avenue maintains a high degree of architectural integrity with limited modifications. Restoration and appropriate renovation can be successfully completed of this fine residence by careful analysis of on-site conditions and available historic documentation. IV. DESCRIPTION OF BOUNDARIES Lot 40 in Block 2 of "MID GOLF SUBDIVISION," according to the Plat thereof, as recorded in Plat Book 4 at Page 200, of the Public Records of Dade County, now known as Miami-Dade County, Florida. V. PRESENT OWNER 4 271 The present owner of the subject property is Courtney Lord and Karen Lord. VI. PRESENT USE The original and current use of the subject property is single-family residential. VII. PRESENT ZONING DISTRICT EXHIBIT 'A' The subject property is located in the RS-3 or Residential Single-Family Zoning District. VIII. ARCHITECTURAL BACKGROUND Mediterranean Revival-Art Deco Transitional (circa late 1920s to mid-1930s) "Med-Deco" in Miami Beach was a synthesis of Mediterranean Revival form and Art Deco decorative detail or vice versa. This unique hybrid style became a fascinating bridge between the "familiar" and the "new" as the allure of Art Deco found its way into the City's architectural vocabulary. Clean stepped roof lines and crisp geometric detailing replaced scrolled parapets, bracketed cornices, and Classical features on structures of clear Mediterranean Revival form. Likewise, sloped barrel tile roofs rested gracefully on edifices with spectacular Art Deco entrances and facade treatments. Some of the most celebrated architects in Miami Beach designed structures in this unique and significant Miami Beach style, including V.H. Nellenbogen, Henry Hohauser, Russell Pancoast, T. Hunter Henderson and others. The predominant exterior material of Med-Deco Transitional was smooth stucco with raised or incised details. Featured stucco areas were often patterned or scored. Keystone, either natural or filled and colored, was frequently used to define special elements. Windows ranged from wooden and steel casement to wooden double-hung, and even large single windows in gracefully curved masonry openings. Decorative ironwork was also employed in this style. 2301 North Meridian Avenue The one-story single family home located at 2301 North Meridian Avenue was constructed in 1936 and designed by prominent local architect Robert A. Taylor in the Mediterranean Revival-Art Deco Transitional style of architecture, commonly known as Med-Deco. According to the City of Miami Beach building records, the home was constructed by general contractor E.R. Undabury for owners Mr. and Mrs. Henry Simons. This one-story residence with attached garage was constructed in the middle of the Great Depression and cost $15,000. Taylor's original plans, found on microfilm #7867, consist of all four exterior elevations, floor plans and interior elevations and the footing layout of the house. The existing three bedroom, two bathroom home sits on a lushly landscaped corner lot. Although, no historic photographs have been found, original floor plans located within City Building Department records, show the original house to have consisted of an elongated plan with an attached garage facing Meridian Avenue. The house was designed with the living areas separated from the sleeping quarters. The entrance is located at the center of the south elevation, flanked by rounded planter bins. The elevations show the original windows to have been casement windows, a chimney with an elaborate chimney top and with a cross-hipped barrel tile roof. 5 272 EXHIBIT 'A' The main entrance to the residence leads directly into a vaulted ceiling living room which is located between the dining room block to the west and the bedroom block to the east with a study/ library are immediately off the living room. The elongated plan of the house was design to facilitate air circulation throughout the entire house with at least two exposures in all living rooms and bedrooms. Current photographs show the original stain glass window at the end of the bedroom wing to still be intact as well as the stone fireplace with the inset tiles. All the interior door openings are rounded arches and the living room still has the decorative wood trusses. The majority of the alterations have occurred within the interior of the house with the exception of the windows which were changed at some point from casements to single hung. The kitchen has been modernized and updated with no traces of the original kitchen area remaining. There is a maid's bedroom hidden away between the kitchen and the garage which accounts for the middle-bump on the exterior stepped massing. The garage area has been converted into an interior room partially open to the kitchen. Robert A. Taylor was an instrumental architect in the architectural landscape of Miami Beach during the 1920s and 1930s. Taylor was the principal architect for N.B.T. Rooney, an early Miami Beach developer. Beach Patrol Headquarters 1001 Ocean Drive The Bath Club 5937 Collins Avenue Tatum Hotel 4343 Collins Avenue Casa Tua 1700 James Avenue Miami Beach Bank & Trust 604 Collins Avenue Walker-Skagseth Grocery Store 1695 Alton Road Cromwell Hotel 11 0 20 1h Street Townhouse Hotel 150 20 1h Street Residences in Pinetree Drive between 47 1h Street and 57 1h Street X. PLANNING DEPARTMENT RECOMMENDATIONS 1. Criteria for Designation: Based upon the evidence presented and the historical and architectural significance of the single-family residence located at 3128 Royal Palm Avenue, and in accordance with Chapter 118, Article X, Division 4, of the Land Development Regulations of the City Code, the staff of the City of Miami Beach Planning Department recommends that the Historic Preservation Board adopt the subject property as a local historic structure. 2. Site Boundaries: The Planning Department recommends that the boundaries of the historic site consist of the entire property located on Lot 40 in Block 2 of "MID-GOLF SUBDIVISION," according to the Plat thereof, as recorded in Plat Book 4 at Page 200, of the Public Records of Dade County, now known as Miami-Dade County, Florida. 3. Areas Subject to Review: The Planning Department recommends that the proposed historic site shall be subject to Section 118-591 (f) of the Land Development Regulations of the City Code. 6 273 EXHIBIT 'A' 4. Review Guidelines: The Planning Department recommends that a decision on an application for a Certificate of Appropriateness shall be based upon Section 118-591 (f) of the Land Development Regulations of the City Code. 5. Condition of Approval: The Board's action designating the structure as a historic structure will become affective within ten ( 1 0) days of the date of the Board's action. Notwithstanding the foregoing, if the Board of Adjustment does not grant Variance Application No. 3679 in its entirety within six months of the date of the Board's action, the Historic Designation of the structure will expire and become null and void. In addition, if the Board of Adjustment, acting as the Flood Plain Management Board, does not grant the floodplain variance application FP13-06, in its entirety within six months of the date of the Board's action, the Historic Designation of the structure will expire and become null and void. F:\PLAN\$HPB\ 13HPB\Nov13\7387.designation.Nov13.docx 7 274 HISTORIC PRESERVATION BOARD City of Miami Beach, Florida MEETING DATE: November 12, 2013 FILE NO: 7388 EXHIBIT 'B' EROP-ERT-Y: .23D_1_Norlb_Merldian_&lerJ_,_._u=eL__ __________________ _ LEGAL: Lot 40 in Block 2 of Mid Golf Subdivision, according to the Plat thereof, as recorded in Plat Book 4 at Page 200 of the Public Records of Miami-Dade County, Florida. IN RE: The Application for a Certificate of Appropriateness for the partial demolition, renovation, and restoration of the existing 1-story home, including the construction a new ground level one-story addition and new two-story addition. ORDER The applicants, Courtney Lard and Karen Lord, filed an application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. The City of Miami Beach Historic Preservation Board makes the fol!owing FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: A. The subject single family home is designated as an 'Historic Structure'. 275 Page 2 of 5 HPB File No. 7388 Meeting Date: November 12, 2013 B. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted is consistent with the Certificate of Appropriateness Criteria in Section 118~564(a)(1) of the Miami Beach Code, is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(2) of the Miami Beach Code, is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(3) of the Miami Beach Code and is not consistent with the Certificate of Appropriateness for Demolition Criteria'6', '8', & '9' in Section 118-564(f)(4) of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: 1. Revised elevation, site plan and floor plan drawings shall be submitted to and approved --------. y staff; at a minimum, such drawmgs snalrincorporate tnelollowing: a. The remaining original exterior elevations of the 1936 home shall be restored as near as possible to the original design, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. b. Manufacturer's drawings and Dade County product approval numbers for all new windows, doors and glass shall be required, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. c. Any roof-top fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roof plan and elevation drawings and shall be screened from view, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. Any mechanical equipment located at the ground shall be located in a manner that is not disruptive to neighboring properties and is screened from view, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. d. The color and finishes of all new windows shall match those of the original windows. e. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify, in writing, that the subject project has been constructed in accordance with the plans approved by the Planning Department for Building Permit 2. A revised landscape plan, and corresponding site plan, shall be submitted to and approved by staff. The species type, quantity, dimensions, spacing, location and overall 276 Page 3 of 5 HPB FHe No. 7388 Meeting Date: November 12, 2013 height of all plant material shall be clearly delineated and subject to the review and approval of staff. At a minimum, such plan shall incorporate the following: a. The hedge proposed along the 23rd Street property line shall not exceed approximately 6'-0" in height from the rear property line east to the main entry opening, and shall not exceed approximately 4'-0" in height east of the main entry opening. The final selection of perimeter landscaping in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. b. The final selection of all landscaped areas located within the right-of-way shall be provided, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. c. A fully automatic irrigation system with 100% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain. Right-of- way areas shall also be incorporated as part of the irrigation system. d. Prior to the issuance of a Certificate of Occupancy, the project architect shall verify, in writing, that the project is consistent with the site and landscape plans approved by the Planning Department for Building Permit. 3. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shall require a separate permit. 4. The project shall comply with any landscaping or other sidewalk/street improvement standards as may be prescribed by a relevant Urban Design Master Plan approved prior to the completion of the project and the issuance of a Certificate of Occupancy. 5. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. 6. The Final Order is not severable, and if any provision or condition hereof is held void or unconstttutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. 7. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors In interest and assigns. 8. Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code. 277 Page 4 of 5 HPB File No. 7388 Meeting Date: November 12, 2013 IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the public hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff recommendations, which were amended by the Board, that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-8, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Historic Preservation Board, as determined by staff, prepared by architect Choeff + Levy, P.A., dated 10-04-2013. -'-------WI:leR-r-equestiRQ-a-bblildir:~g--f)e~mit,---tl:l€-Pians-submitted-to-tl:le-6bli!diRg-bl€!par-tmeRt--fGI"-P€1=rnit.------ shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including final zoning approval. If adequate handicapped access is not provided on the Board-approved plans, this approval does not mean that such handicapped access is not required. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting date at which the original Certificate of Appropriateness was granted, the Certificate of Appropriateness will expire and become null and void. If the Full Building Permit for the project should expire for any reason (including but not limited to construction not commencing and continuing, with required inspections, in accordance with the applicable Building Code), the Certificate of Appropriateness will expire and become null and void. In accordance with Section 118-561 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject the Certificate of Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of AppropriatenesJ A I Dated this ~ (} day of {V@V ~~ , 20J2 278 Page 5 of 5 HPB File No. 7388 Meeting Date: November 12,2013 HISTORIC PRESERVATION BOARD THE CIT OF MIAMI BE CH, F ORIDA STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this cJJ u ~ day of ~ 20lj_ by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He is personally known to me~ , Y :'I,..,_~Pu.tt 1EAESklMRII\ SHU ~ ~ ..,o .·····.'" ~-&~CO'r.IMISSIOMUUOS2 NOTARY PUBLIC * ~-~< fl(!'iifll(ia·get~~m'aer2,2.013 ... ~~ Sonoodi11f~eud~at~ot!.l\'~ Miami-Da?e .county: Florida/ "' /.'-.!!!!:J ~'~oFf~d! My comm1ss1on exp1res: ~or -;;? -__? Approved As To Form: ~ Legal Department: ---+~-J-""--"'-----'----( /I" )-1-IJ Filed with the Clerk of the Historic Preservation Board on \\-~'--1~ F:\PLAN\$H PB\ 13HPB\Nov13\7388-Nov13.FO.docx 279 HISTORIC PRESERVATION BOARD City of Miami Beach, Florida MEETING DATE: November 12, 2013 FILE NO: 7389 PROPERTY: 2301 North Meridian Avenue EXHIBIT 'C' LEGAL: Lot 40 in Block 2 of Mid Golf Subdivision, according to the Plat thereof, as recorded in Plat Book 4 at Page 200 of the Public Records of Miami-Dade County, Florida. IN RE: The application requesting that the Historic Preservation Board recommend approval for an Historic Ad Valorem Tax Exemption for the restoration, renovation, and rehabilitation of the existing historic home, as well as for the new construction proposed for the site. ORDER The applicants, Courtney Lord and Karen Lord, filed an application with the City of Miami Beach Planning Department requesting that the Historic Preservation Board recommend approval for an Historic Ad Valorem Tax Exemption. The City of Miami Beach Historic Preservation Board makes the following FINDING OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: Based on the plans and documents submitted with the application, testimony and information provided by the applicant, the analysis and reasons set forth in the Staff Report, and consistency with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code, the Historic Preservation Board recommends in favor of the application for Miami Beach Historic Ad Valorem Tax Exemption for the subject single-family residence. 280 Page 2 of 2 HPB File No. 7389 Meeting Date: November 12, 2013 IT IS HEREBY ORDERED, based upon the foregoing finding of fact, the evidence, information, testimony and materials presented at the public hearing, which are part of the record for this matter, including the staff report and analysis, which are adopted herein, including the staff recommendations, that the Historic Preservation Board recommends in favor of the application for Miami Beach Historic Ad Valorem Tax Exemption for the above~referenced property. J Dated this aa day of N ~ f2M~q" ' 20 J3 HISTORIC PRESERVATION BOARD THE CIT OF MIAMI BEAC , FL Rl A· STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ~ day of ~.ca.J--P-~~ 20il. by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He is personally known to ~ ~ ~tJAY ~o, .,.o ....... ~.;;, TERESA MARIA NOTARY PUBLIC *~~.~. ~< MYCOMMISSION#D0928148 M' · 0 d C t Fl "d ~ EXII-"'Ueoember 2 2013 tamt-a e oun y, on a . -"J ;( /_1 ~ "1-t"toF,.._rft.~ .. BOIIdea'Thrua~etNotarySel'li~o:os My commission expires: /p--:.__.,./ Approved As To Form: Legal Department: ( //--J-/-1 J Filed with the Clerk of ulastoric Preservation Board on --'\..._\-_,Z=Z=---\....,3=-----( WJ~ ) F:\PLAN\$HPB\ 13HPB\Nov13\7389-AdValoremNov13.FO.docx 281 Condensed Title: Key Intended Outcome Supported: Increase police visibility COMMISSION ITEM SUMMARY Sharing Agreement with the United States of seized and forfeited assets. Supporting Data (Surveys, Environmental Scan, etc.): Per the 2012 City of Miami Beach ~ommunity 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 a ederal sharing agreement with the United States Department of Justice and Treasury ~epartments will provide a funding source for overtime and other assets that can ~ugment staffing during joint criminal investigations. This will in turn increase police ~isibility of one the City's Key Intended Outcomes. Item Summary/Recommendation: The Miami Beach Police Department (MBPD) periodically conducts investigations with a variety of federal law enforcement agencies. During joint investigations where property (such as cash, vehicles, and other real property) is seized and forfeited, the assets are shared by the agencies, which participated in the investigation. As a prerequisite to receive MBPD's share of assets seized and forfeited, the United States Department of Treasury, requests that the participating agency sign the Federal Equitable Sharing Agreement in order to continue participation in the Asset Sharing Program. The City will benefit financially through the MBPD's continued participation in the Asset Sharing Program. The current Agreement has expired, renewing this agreement will ensure participation in this program. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 c 2 3 OBPI Total Financial Impact Summary: NA Clerk's Office Le islative Trackin : Mauvett Rattigan, Financial Management Unit Si n-Offs: Department Director Assistant City Manager Raymond A. Martinez, Chief Miam· ch or MfAMIBEACH 282 Account ------;-------..... \, . /' JAGENDA ITEM DATE C7T /-(f"-f( ~ MIAMI BEACH City of Mie~mi Begch, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www. miamibeachll.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Members otjhe City coJ. .. mission J1mmy L Morales, C1ty Manager ~----~ . I January 15, 2014 A RESOLUTION OF THE MAYOR AND :~HE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A FEDERAL EQUITABLE SHARING AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF THE TREASURY, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution ANALYSIS The Miami Beach Police Department (MBPD) periodically conducts investigations with a variety of federal law enforcement agencies. During joint investigations where property (such as cash, vehicles, and other real property) is seized and forfeited, the assets are shared by the agencies, which participated in the investigation. As a prerequisite to receive MBPD's share of assets seized and forfeited, the United States Department of Treasury, requests that the participating agency sign the Federal Equitable Sharing Agreement in order to continue participation in the Asset Sharing Program. The City will benefit financially through the MBPD's continued participation in the Asset Sharing Program. The current Agreement has expired, renewing this agreement will ensure participation in this program JMG~/MNO/IJJ,}J 283 RESOLUTION NO.-------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A FEDERAL EQUITABLE SHARING AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND THE UNITED STATES DEPARTMENT OF THE TREASURY, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, the City of Miami Beach wishes to enter into a Federal Equitable Sharing Agreement with the United States Government Department of Justice and the United States Department of the Treasury to provide a protocol for the City to receive the monies from the Miami Beach Police Department's participation in joint criminal investigation where assets are seized and forfeited; and WHEREAS, the attached Agreement outlines the terms and restrictions governing the use of federal forfeited property, or proceeds from such property to be shared with the Miami Beach Police Department. 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 authorize the Mayor and City Clerk to execute the attached Agreement with the United States Department of Justice and the United States Department of the Treasury. PASSED and ADOPTED this ___ day of January, 2014. ATTEST BY: MAYOR PHILIP LEVINE RAFAEL E. GRANADO, CITY CLERK 284 THIS PAGE INTENTIONALLY LEFT BLANK 285 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Approving Month-To-Month Extensions Of The Agreements Between The City And Respectively, Ash britt, Inc.; Ceres Environmental Services, Inc.; Phillips And Jordan, Inc.; And Crowdergulf Joint Ventures, Inc., For Disaster Recovery Services; With Said Extensions Commencing As Of February 1, 2014, And Terminable By The City, For Convenience And Without Cause, Upon Thirty (30) Days Prior Written Notice To The Contractors. Ke Intended Outcome Su orted: Supporting Data (Surveys, Environmental Scan, etc: Item Summary/Recommendation: In the event of an emergency, such as a hurricane, the City lacks sufficient resources to undertake debris recovery operations. While assistance is available from the County, State and Federal governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Typically, the resources of the various government agencies are spread thin over the affected areas, necessitating contracted private sector assistance. The City currently has contracts with the following four (4) companies for the provision of these services: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips and Jordan, Inc., and Crowdergulf Joint Ventures, Inc. The initial term of these contracts were effective through January 31, 2011, with three (3) additional one-year options for renewal. These contracts were renewed through January 31, 2014. On June 6, 2012, the Commission approved Resolution No. 2012-27917, authorizing the Administration to enter into negotiations with the top ranked firms of Ceres Environmental services, Inc., Ashbritt, Inc, Tag Grinding Services, Inc., Byrd Brothers Environmental Services, Inc., D&J enterprises, Inc., and Phillips and Jordan, Inc., and further authorized the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration, and further approved the City's exercise of a one (1) year renewal term under the City's current contracts for disaster recovery services with the following firms: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., And Crowdergulf Joint Ventures, Inc. (such renewal term commenced retroactively an February 1, 2012, and ended on January 31,2013). On June 5, 2013, the Commission approved Resolution No. 2013-28229, approving the month-to-month extensions of the agreements between the City and, respectively, Ash britt, Inc.; Ceres Environmental Services, Inc.; Phillips and Jordan, Inc.; and Crowdergulf Joint Ventures, Inc. for disaster recovery services; with said extensions having been deemed to have commenced retroactively as of February 1, 2013, and terminable by the City, for convenience and without cause, upon thirty (30) days prior written notice to the contractors. Pending negotiations and the execution of new agreements with the successful proposals, the City Administration recommends that the Mayor and City Commission keep the current Agreements in place, on a month-to-month basis, upon the same terms and conditions with such Agreements terminable by the City, for convenience, upon thirty (30) days prior written notice to the Contractors. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION Advisory Board Recommendation: I N/A Financial Information· Source of Amount Account Funds: -i OBP Total Financial Impact Summary: N/A ent Director Assistant MT MIAMI BEACH DATE /-/ S: /'f C7k T:\AGENDA\2014\January\Disaster Recovery Services Summary.docx 286 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfLgov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP OVING MONTH-TO-MONTH EXTENSIONS OF THE AGREEMENTS BETWEEN THE CITY AND RESPECTIVELY, ASH BRITT, INC.; CERES ENVIRONMENTAL SERVICES, INC.; PHILLIPS AND JORDAN, INC.; AND CROWDERGULF JOINT VENTURES, INC., FOR DISASTER RECOVERY SERVICES; WITH SAID EXTENSIONS COMMENCING AS OF FEBRUARY 1, 2014, AND TERMINABLE BY THE CITY, FOR CONVENIENCE AND WITHOUT CAUSE, UPON THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO THE CONTRACTORS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake debris recovery operations. While assistance is available from the County, State and Federal governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. It is in the City's best interest to enter into agreements with firms that have the capability and flexibility to provide disaster recovery services in the event of a declared emergency that is of the magnitude to utilize said professional services. The Federal Emergency Management Agency (FEMA) provides public assistance funds for debris clearance and removal and disposal operations. Eligible applicants include State and local governments. On August 28, 2005, FEMA determined that the damage in certain areas of the State of Florida resulting from Hurricane Katrina which occurred on August 24, 2005, and with Hurricane Wilma shortly after, were sufficient in severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121- 5206 (the Stafford Act). 287 Commission Memorandum -Disaster Recovery Services January 15, 2014 Page 2 of2 The City currently has contracts with the following four (4) companies for the provision of these services: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., And Crowdergulf Joint Ventures, Inc .. The initial term of these contracts were effective through January 31, 2011, with three (3) additional one-year options for renewal. These contracts were renewed through January 31, 2013. On February 8, 2012, the Mayor and City Commission approved the issuance of a Request for Proposals (RFP) for Disaster Recovery Services to select qualified contractors to assist the City with the restoration of operations after a catastrophic disaster. On June 6, 2012, the Commission approved Resolution No. 2012-27917, authorizing the Administration to enter into negotiations with the top ranked firms of Ceres Environmental services, Inc., Ashbritt, Inc, Tag Grinding Services, Inc., Byrd Brothers Environmental Services, Inc., D&J enterprises, Inc., and Phillips and Jordan, Inc., and further authorized the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration, and further approved the City's exercise of a one (1) year renewal term under the City's current contracts for disaster recovery services with the following firms: Ash britt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., And Crowdergulf Joint Ventures, Inc. (such renewal term commenced retroactively on February 1, 2012, and ended on January 31, 2013). On June 5, 2013, the Commission approved Resolution No. 2013-28229, approving the month-to- month extensions of the agreements between the City and, respectively, Ashbritt, Inc.; Ceres Environmental Services, Inc.; Phillips and Jordan, Inc.; and Crowdergulf Joint Ventures, Inc. for disaster recovery services; with said extensions having been deemed to have commenced retroactively as of February 1, 2013, and terminable by the City, for convenience and without cause, upon thirty (30) days prior written notice to the contractors. Pending negotiations and the execution of new agreements with the successful proposals, the City Administration recommends that the Mayor and City Commission keep the current Agreements in place, on a month-to-month basis, upon the same terms and conditions with such Agreements terminable by the City, for convenience, upon thirty (30) days prior written notice to the Contractors. CONCLUSION The Administration recommends that the Mayor and City Commission approve month-to-month extensions of the Agreements between the City and respectively, Ash britt, Inc.; Ceres Environmental Services, Inc.; Phillips and Jordan, Inc.; and Crowdergulf Joint Ventures, Inc., for disaster recovery services; with said extensions terminable by the City, for convenience and without cause, upon thirty (30) days prior written notice to the Contractors. MT\~\JJF T:\AGENDA\2014\January\Disaster Recovery Services -Memo.doc 288 RESOLUTION _________ _ A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FURTHER MONTH-TO-MONTH EXTENSIONS OF THE FOLLOWING AGREEMENTS BETWEEN THE CITY AND, RESPECTIVELY: 1) ASHBRITT, INC.; 2) CERES ENVIRONMENTAL SERVICES, INC.; 3) PHILLIPS AND JORDAN, INC.; AND 4) CROWDERGULF JOINT VENTURES, INC. (COLLECTIVELY, THE "CONTRACTORS"}, FOR DISASTER RECOVERY SERVICES; WITH SAID EXTENSIONS COMMENCING AS OF FEBRUARY 1, 2014, AND TERMINABLE BY THE CITY, FOR CONVENIENCE AND WITHOUT CAUSE, UPON THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO THE CONTRACTORS. WHEREAS, the City has contracts with the following four (4) companies for recovery services: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., and Crowdergulf Joint Ventures, Inc. (collectively, the "Contractors"), which will expire on January 31, 2014 (the Existing Agreements); and WHEREAS, on February 8, 2012, the Mayor and City Commission approved the issuance of a Request for Proposals (RFP) for Disaster Recovery Services, to select qualified contractors to assist the City with the restoration of operations after a catastrophic disaster (the RFP); and WHEREAS, on June 6, 2012, pursuant to Resolution No. 2012-27917, the City Commission authorized the Administration to enter into negotiations with the top ranked firms pursuant to the RFP: Ceres Environmental Services, Inc.; Ashbritt, Inc.; Tag Grinding Services, Inc.; Byrd Brothers Environmental Services, Inc.; D&J enterprises, Inc.; and Phillips and Jordan, Inc.; and WHEREAS, on June 5, 2013, pursuant to Resolution No. 2013-28229, the City Commission approved month-to-month extensions of the Existing Agreements between the City and the Contractors; with said extensions having been deemed to have commenced retroactively on February 1, 2013, and ending on January 1, 2014; and WHEREAS, negotiations under the RFP are still ongoing; and WHEREAS, pending negotiations and the execution of new agreements with the successful proposers, the City Administration recommends that the Mayor and City Commission keep the Existing Agreements with the Contractors in place, on a month-to-month basis, upon the same terms and conditions, with such Agreements terminable by the City, for convenience, upon thirty (30) days prior written notice to the Contractors. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve further month-to-month extensions of the existing agreements between the City and, respectively: 1) Ashbritt, Inc.; 2) Ceres Environmental Services, Inc.; 3) Phillips and Jordan, Inc.; and 4) Crowdergulf 289 Joint Ventures, Inc., for disaster recovery services; with said extensions commencing as of February 1, 2014, and terminable by the City, for convenience and without cause, upon thirty (30) days prior written notice to the Contractors. PASSED and ADOPTED this 15th day of January, 2014. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk T:\AGENDA\2014\January\Disaster Recovery. Reso.doc 290 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 291 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 The City Clerk To Execute GMP Amendment No.3 To The Pre-Construction Services Agreement With The Weitz Company, Dated May 14, 2012, For The South Pointe Park Pier Project, In The Amount Of $47,588 With Funding For This Amendment Previously Appropriated From The South Pointe Capital Fund 389. 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." Issue: I Shall the Commission Adopt the Resolution? Item Summary/Recommendation: The Mayor and City Commission at its December 14, 2011 meeting authorized the Administration to issue an RFQ for a Construction Manager at Risk (CMR) firm to provide pre-construction services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the South Pointe Park Pier Project. On February 8, 2012, the Mayor and City Commission approved Resolution No. 2012-27831, authorizing the Mayor and City Clerk to execute a Pre-Construction Services Agreement with the Weitz Company for the South Pointe Park Pier project, pursuant to Request for Qualifications No. 18-11/12 (the Weitz Agreement). On September 12, 2012, the City Commission approved Resolution No. 2012-28005, for the sum of $4,809,017 as GMP Amendment No.1 to the Weitz Pre-Construction Services Agreement, which outlines the terms for the construction phase scope of work for the South Pointe Park Pier. GMP Amendment No. 2 to the Agreement was approved January 8,2014, for an additional 91 excusable, non-compensable calendar days and extension of the Contract Time associated with substantiated weather days, and contingency draw no. 2 for the reef modifications; for a total of 501 calendar days, as revised Contract Time to Substantial Completion. This GMP Amendment No. 3 to the Agreement, for a total of $47,588, shall be approved for structural modifications necessary to construct bent "zero", required due to significant differing site conditions. Bent "zero" is the first structural member that supports the Pier structure at the jetty. Approval of this Amendment will modify the Contract for a total revised amount of $4,856,605 and further requires amending the Contract Time for an additional seven (7) calendar days for a total revised contract time of 508 calendar days to substantial completion. The ArchitecUEngineer of Record has reviewed the proposal and recommends approval. The administration is of the opinion that the cost of Amendment No. 3 is fair and a reasonable. 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 $47,588 389-2577-067357 ~~BPI~ 2 Total $47,588 Financial Impact Summary: Cit Clerk's Office Le islative Trackin ent Director MT JLM , South Pointe Park Pier-Weitz Amendment 3\South Pointe Park Pier-Weitz Amen ment 3-SUMMARY.doc \. MIAMI BEACH 292 AGENDA ITEM _C---..::.7--=--L.:,-,. """"" DATE /-1"!{.,/f{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov TO: Mayor Phillip Levine and Members COMMISSION MEMORANDUM ftheCity~ FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, A PROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE GMP AMENDMENT NO. 3 TO THE PRE-CONSTRUCTION SERVICES AGREEMENT WITH THE WEITZ COMPANY, DATED MAY 14, 2012, FOR THE SOUTH POINTE PARK PIER PROJECT, IN THE AMOUNT OF $47,588 WITH FUNDING FROM THE SOUTH POINTE CAPITAL FUND 389. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME SUPPORTED Ensure value and timely delivery of quality Capital Projects FUNDING Funding for this amendment in the amount of $47,588 has been previously appropriated from the South Pointe Capital Fund 389. ANALYSIS The Mayor and City Commission at its December 14, 2011 meeting authorized the Administration to issue an RFQ for a Construction Manager at Risk (CMR) firm to provide pre- construction services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the South Pointe Park Pier Project. On February 8, 2012, the Mayor and City Commission approved Resolution No. 2012-27831, authorizing the Mayor and City Clerk to execute a Pre-Construction Services Agreement with the Weitz Company for the South Pointe Park Pier project, pursuant to Request for Qualifications No. 18-11/12 (the Weitz Agreement). On September 12, 2012, the City Commission approved Resolution No. 2012-28005, for the sum of $4,809,017 as GMP Amendment No.1 to the Weitz Agreement, which outlines the terms for the construction phase scope of work for the South Pointe Park Pier. GMP Amendment No. 2 to the Agreement was approved for an additional 91 excusable, non-compensable calendar days extension to the Contract Time associated with substantiated weather days, and for the reef modifications Work; for a total of 501 calendar days, as revised Contract Time to Substantial Completion. This GMP Amendment No. 3 to the Agreement, for a total of $47,588, shall be approved for structural modifications necessary to construct bent "zero", required due to significant differing site conditions. Bent "zero" is the first structural member that supports the Pier structure at the 293 Commission Memorandum -The Weitz Company-Amendment 3 for the South Pointe Park Pier Project January 15, 2014 Page 2of2 jetty. Approval of this Amendment will modify the Contract for a total revised amount of $4,856,818 and further requires amending the Contract Time for an additional seven (7) calendar days for a total revised contract time of 508 calendar days to substantial completion. The Architect/Engineer of Record has reviewed the proposal and recommends approval. The administration is of the opinion that the cost of Amendment No. 3 is fair and a reasonable. CONCLUSION The Administration recommends the approval of the attached resolution authorizing the Mayor and City Commission to execute GMP Amendment No. 3 to the Pre-Construction Services Agreement with the Weitz Company, dated May 14, 2012, for the South Pointe Park Pier project, in the amount of $47,588. Attachment A: GMP Amendment No. 3 T:\AGENDA\2014\January\South Pointe Park Pier-Weitz Amendment 3\South Pointe Park Pier-Weitz Amendment 3-MEMO.doc 294 RESOLUTION TO BE SUBMITTED 295 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement With The Miami Herald For The Pur ose Of Advertisin Ci Events, Pro rams, And Facilities. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating Supporting Data: N/A Item Summary/Recommendation: Each year various City departments purchase advertising from the Miami Herald. Some of this advertising, such as public notices, is required by law while others are to promote public events, programs, and facilities. In the past, each department has worked individually to purchase advertising with the Miami Herald. During an analysis of marketing spending, City staff identified that the City could negotiate better rates and additional cash and in-kind advertising if the City was to sign one large contract with the Miami Herald, instead of each department purchasing advertising independently, leveraging the City's buying power. Over the last couple months staff completed an analysis on all media spending by the entire City. Staff also met with the media department at Miami-Dade County for feedback as they recently centralized all media purchasing as well. Working with the individual departments to see what would be best for them; media plans have been developed for all departments planning to advertise with the Miami Herald in FY 2014 totaling $257,500. This budgeted amount is slightly higher than prior years because the City Clerk's Office is spending more for advertising this year due to the election. Additionally, the City has funds allocated for recycling education, sea level rise, Washington Avenue, and parking. By organizing and bundling these media buys the City is able to receive a higher return on our investment, and therefore reach a broader market while maximizing City monies. Organizing all purchases into one contract, the City will receive approximately $67,000 additional in-kind advertising with the Miami Herald and therefore a much higher return on our investment (26%). This in-kind advertising value will be used to supplement the aforementioned marketing campaigns and to support marketing efforts for Alton Road/West Avenue, which do not have a preOapproved marketing budget. The Administration recommends the adoption of the attached Resolution. Financial Information· Source of Amount Account Approved Funds: @3 Total $257,500 Funding from various OBPI department budget sources Financial Impact Summary: Current expenditures are estimated at $257,500 and any additional expenditure will be based on appropriated budget amounts. Clerk's Office Le islative Trackin : Max A. Sklar, Tourism, Culture and Economic Development Department MIAMI BEACH 296 AGENDA ITEM DATE C7M ,_, f"-/{{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City t:" FROM: Jimmy L. Morales, City Manager DATE January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROV G AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MIAMI HERALD FOR THE PURPOSE OF ADVERTISING CITY EVENTS, PROGRAMS, AND FACILITIES. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING Purchases will be expended from the corresponding city department expense accounts, which were previously approved budget items for the purchase of marketing and advertising. Current expenditures are estimated at $257,500 and any additional expenditure will be based on appropriated budget amounts. ANALYSIS Each year various City departments purchase advertising from the Miami Herald. Some of this advertising, such as public notices, is required by law while others are to promote public events, programs, and facilities. During the budget process, the individual budget items were approved in each department's budget and are already in the 2014 budget. No additional funds are being requested for this contract. In the past, each department has worked individually to purchase advertising with the Miami Herald. During an analysis of marketing spending, City staff identified that the City could negotiate better rates and additional cash and in-kind advertising if the City was to sign one large contract with the Miami Herald, instead of each department purchasing advertising independently, leveraging the City's buying power. Media companies commonly work with organizations for preferred pricing when purchasing higher volumes as opposed to one ad at a time. When working with media buys, and working in larger amounts at once, you are also more apt to be able to negotiate sponsorships and in-kind media options Over the last couple months staff completed an analysis on all media spending by the entire City. Staff also met with the media department at Miami-Dade County for feedback as they recently centralized all media purchasing as well. Working with the individual departments to see what would be best for them; media plans have been developed for all departments planning to advertise with the Miami Herald in FY 2014 totaling $257,500. This budgeted amount is slightly higher than prior years because the City Clerk's Office is spending more for advertising this year due to the election. Additionally, the City has funds allocated for recycling education, sea level rise, Washington Avenue, and parking. By organizing and 297 Miami Herald Advertising City Commission Meeting January 15, 2014 Page 2 of 2 bundling these media buys the City is able to receive a higher return on our investment, and therefore reach a broader market while maximizing City monies. Organizing all purchases into one contract, the City will receive approximately $67,000 additional in-kind advertising with the Miami Herald and therefore a much higher return on our investment (26%). This in- kind advertising value will be used to supplement the aforementioned marketing campaigns and to support marketing efforts for Alton Road/West Avenue, which do not have a preOapproved marketing budget. CONCLUSION Staff worked diligently to organize all City advertising purchases and negotiate a contract with the Miami Herald. The Administration recommends the adoption of the attached Resolution authorizing an agreement with the Miami Herald in the amount of $257,500 in cash {,L $67,120 in-kind for the purpose of advertising City events, programs, and facilities. JLM/lJti/~D . T:IAGENDA\2014\.January\Miami Herald Advertising Memo.doc 298 and RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MIAMI HERALD FOR THE PURPOSE OF ADVERTISING CITY EVENTS, PROGRAMS, AND FACILITIES. WHEREAS, the City is required by law to place public hearing notices in the newspaper; WHEREAS, other City departments purchase advertising from the Miami Hearald to promote various events, programs, and facilities; and WHEREAS, the Administration recommends approval of an agreement with The Miami Herald for the 2014 Fiscal Year; and WHEREAS, the City will also receive approximately $67,120 additional in in-kind advertising with The Miami Herald. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute an agreement with The Miami Herald for the purpose of advertising City events, programs, and facilities. PASSED and ADOPTED this ___ day of _____ , 2014. ATTEST: CITY CLERK T:IAGENDA\2014\January\Miami Herald Advertising Reso.doc 299 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Donation of a Walk-in Refrigerator, in "As Is" Condition, to St. Patrick Church for Use in Its Community Food Bank Program Key Intended Outcome Supported: 1. Improve the Lives of Elderly Residents; and 2. Reduce the Number of Homeless Supporting Data (Surveys, Environmental Scan, etc.): According to Feeding America's 2013 Map The Meal Gap study, approximately 949,910 people in Miami-Dade, Broward, Monroe, and Palm Beach counties aren't sure where their next meal is coming from and face dally food insecurity. Item Summary/Recommendation: St. Patrick Church, located at 3716 Garden Avenue, has been providing food bank services to our community's hungry and food insecure families for the past 14 years. Every Saturday between 10:30am and noon, the Church provides free food packages to as many as 200 households (homeless and non- homeless). These food packages are made possible by special collections among the Church's parishioners and donations. This service has been invaluable to our community's most vulnerable households including the elderly and families with children who face food insecurity and reside from 69th Street south to Government Cut. Traditionally, St. Joseph's Church serves food insecure people living north of 69th Street. For the past year, St. Patrick Church leaders and City staff have been exploring ways to increase the Church's capacity to serve the growing number of our community's residents facing food insecurity. In addition to pursuing grants, developing relationships with Feeding South Florida and engaging Miami Beach Senior High School to recruit volunteers, we have actively sought ways to leverage the Church's existing resources with other available community resources. Among these resources is Farm Share, a Homestead-based non-profit organization that redirects surplus farm products to agencies working to alleviate hunger in South Florida. Participating Farm Share member agencies can access pallets of produce and surplus commodities from the United States Department of Agriculture (USDA). In order to enroll as a participating Farm Share agency, St. Patrick Church needs to increase its storage capacity for perishable foods by obtaining a refrigerator that can store at least one pallet of produce at a time. While City staff worked with St. Patrick Church leaders to find resources, the City's Log Cabin property located at 8100 Collins Avenue and previously occupied and managed by the Sunrise Group, became vacant. Among the equipment left behind is a walk-in refrigerator that had been used to store cut flowers. With the City moving forward to reprogram the Log Cabin site for recreational and community activities, there is no need for the walk-in refrigerator. Its donation will enable St. Patrick Church to enroll in Farm Share and access free produce and commodities which can then, in turn, be distributed to our City's needy residents. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account LJ 1 N/A Total Financial Impact Summary: City Clerk's Office Legislative Tracking: I Sign-Offs: Department Director Manager MLR / F:\neig\Homeless\CHILDRENI$ALL\Commssion Items 2014\Resolution Authorizing Donation of Refrigerator.doc MIAMI BEACH 300 City~nager JLM I ; i ~ AGENDA ITEM _C-_7-=J/=--~ DATE /-/f:./1'( lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM f I Mayor Philip Levine and Members of the City ~ommission : \ ·-· Jimmy L. Morales, City Manager -r:-l , ~~-- January 15, 2014 l A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION OF A WALK-IN REFRIGERATOR, IN "AS IS" CONDITION, TO ST. PATRICK CHURCH FOR USE IN ITS COMMUNITY FOOD BANK PROGRAM. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING No funds are being requested for this item. ANALYSIS St. Patrick Church, located at 3716 Garden Avenue, has been providing food bank services to our community's hungry and food insecure families for the past 14 years. Every Saturday between 10:30am and noon, the Church provides free food packages to as many as 200 households (homeless and non-homeless). These food packages are made possible by special collections among the Church's parishioners and donations. This service has been invaluable to our community's most vulnerable households including the elderly and families with children who face food insecurity and reside from 69 1h Street south to Government Cut. Traditionally, St. Joseph's Church serves food insecure people living north of 691h Street. For the past year, St. Patrick Church leaders and City staff have been exploring ways to increase the Church's capacity to serve the growing number of our community's residents facing food insecurity. In addition to pursuing grants, developing relationships with Feeding South Florida and engaging Miami Beach Senior High School to recruit volunteers, we have actively sought ways to leverage the Church's existing resources with other available community resources. Among these resources is Farm Share, a Homestead-based non- profit organization that redirects surplus farm products to agencies working to alleviate hunger in South Florida. Participating Farm Share member agencies can access pallets of produce and surplus commodities from the United States Department of Agriculture (USDA). In order to enroll as a participating Farm Share agency, St. Patrick Church needs to increase its storage capacity for perishable foods by obtaining a refrigerator that can store at least one pallet of produce at a time. While City staff worked with St. Patrick Church leaders to find resources, the City's Log Cabin property located at 8100 Collins Avenue and previously occupied and managed by the Sunrise Group, became vacant. Among the equipment left behind is a walk-in refrigerator that had been used to store cut flowers. With the City moving forward to reprogram the Log 301 January 15,2013 City Commission Meeting Page 2 of 2 Cabin site for recreational and community activities, there is no need for the walk-in refrigerator. Its donation will enable St. Patrick Church to enroll in Farm Share and access free produce and commodities which can then, in turn, be distributed to our City's needy residents. CONCLUSION The Administration proposes that the Mayor and City Commission donate the walk-in refrigerator currently located at the City's Log Cabin property to St. Patrick Church in support of its food bank program which serves the community-at-large. This donation will enable the Church to participate in the Farm Share program and offer fresh, nutritious produce and USDA commodities such as milk, bread, and canned goods to our community's food insecure residents . .;)/ JLM/KGBlMLR F:\neig\Homeless\CHILDREN\$ALL\Commission Items 2014\Refrigerator Donation Memo.doc 302 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION OF A WALK- IN REFRIGERATOR, IN "AS IS" CONDITION, TO ST. PATRICK CHURCH FOR USE IN ITS COMMUNITY FOOD BANK PROGRAM. WHEREAS, St. Patrick Church founded a community bank fourteen (14) years ago to serve the City's hungry families and homeless persons; and WHEREAS, the St. Patrick Church serves up to 200 households per week with groceries including grains, produce, protein and canned goods; and WHEREAS, the demand of food assistance has outgrown the Church's food storage capabilities; and WHEREAS, the City has a walk-in refrigerator at the Log Cabin, a City-owned site; and WHEREAS, the City does not have use for the refrigerator because the site is being reprogrammed to host Parks and Recreation Department programming; and WHEREAS, the donation of the refrigerator will enable the church to augment its food bank program to include donated food requiring refrigeration; and WHEREAS, the donation will support the City's Key Intended Outcomes of improving the lives of elderly residents and reducing the number of homeless. 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 approve the donation of a walk-in refrigerator, in "as is" condition, to St. Patrick Church for use in its community food bank program. PASSED and ADOPTED this __ day of _______ , 2014. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM AN LANGUAGE & FO EXECUTION F:\neig\Homeless\CHILDREN\$ALL\Commission Items 2014\Resolution Refrigerator Donation.docx 303 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach Florida Approving and Authorizing the City Manager to Issue a Certification of Consistency with the City's FY 2013-2017 Consolidated Plan to the Miami-Dade County Homeless Trust for Its Application for Funding From the Department of U.S. Department of Housing and Urban Development. Key Intended Outcome Supported: To Reduce the Number of Homeless Persons in Miami Beach. Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2012 Community Satisfaction Survey, 42% of residents and 32% of businesses ranked the City's ability to address homelessness as excellent and good. Item Summary/Recommendation: The Continuum of Care (CoC} is designed to: promote a community-wide commitment to ending homelessness; provide funding for these efforts to quickly re-house the homeless while minimizing the trauma and dislocation caused by homelessness; promote access to and effective utilization of mainstream programs by the homeless; and optimize self-sufficiency among those experiencing homelessness. Funding for the CoC is partially derived from the U.S. Department of Housing and Urban Development's (HUD) SuperNOFA (Notice of Funding Availability) process which is administered locally by the Miami-Dade County Homeless Trust. Since 2003, the City has received $60,946 for its outreach services and $2,133 for administrative overhead annually. The County receives the balance of the administrative overhead allocated ($2, 133). In order to re-apply, the City must submit a Certification of Consistency which ensures that proposed activities comply with the City's Consolidated Plan. Our proposed outreach activities are indeed consistent as homeless services are a prioritized need. Douglas Gardens Community Mental Health Center of Miami Beach, Inc., too, intends to apply for CoC funds for its Housing First initiative with long term rental support for eight (8) scattered site efficiency apartments. The provision of affordable housing is consistent with the City's Consolidated Plan. The Administration recommends adoption of the attached Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the City Manager to issue a Certification of Consistency with the City's FY 2013-2017 Consolidated Plan initiatives and efforts, such as preventing homelessness, outreach/assessment, emergency services, transitional housing, and helping homeless persons: further authorizing the City Manager to execute any subsequent Certifications of Consistency with the City's Consolidated Plan for the aforesaid Project. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 N/A D 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Trackin : Maria Ruiz/ Housing & Community Development Sign Offs· -f\ Department Director Assistant City Manager \\ ~ity Manager MLI\ A\1 KGB JLM,L ~ MIAMI BEACH 304 A1JN DA 1TEM _C..._7-::0;;:--:--:- DATE /-/ f"-/f MIAMI BEACH City of Miami Beach, l 700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMI SION MEMORANDUM I 8: Philip Levine and Members of the DI\T~ January15,2014 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP OVING AND AUTHORIZING THE CITY MANAGER TO ISSUE A CERTIFICATION OF CONSISTENCY WITH THE CITY'S FY 2013-2017 CONSOLIDATED PLAN TO THE MIAMI-DADE COUNTY HOMELESS TRUST (TRUST) FOR THEIR APPLICATION OF FUNDING THROUGH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S (HUD) NOTICE OF FUNDING AVAILABILITY {NOFA) FOR THE CONTINUUM OF CARE (CoC) PROGRAM -FUNDING OPPORTUNITY NUMBER FR-5700-N-31 B. FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY SUBSEQUENT CERTIFICATIONS OF CONSISTENCY WITH THE CITY'S CONSOLIDATED PLAN FOR RENEWAL AND NEW APPLICATIONS OF FUNDING FOR THE CITY'S HOMELESS SERVICES PROGRAM AND FOR DOUGLAS GARDENS COMMUNITY MENTAL HEALTH CENTER OF MIAMI BEACH, INC., TO CONTINUE PROVIDING OUTREACH, HOUSING AND SUPPORTIVE SERVICES TO HOMELESS PERSONS IN MIAMI BEACH. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City's Homeless Outreach Team provides street outreach and engagement services to our community's homeless as well as shelter placement, referral services, identification document replacement services, employment assistance and family reunification. The Continuum of Care (CoC), for which the Miami-Dade County Homeless Trust serves as the lead agency in the county, is designed to: promote a community-wide commitment to the goal of ending homelessness; provide funding for efforts by nonprofit providers, States, and local governments to quickly re-house the homeless while minimizing the trauma and dislocation caused by homelessness; promote access to and effective utilization of mainstream programs by the homeless; and optimize self-sufficiency among those experiencing homelessness. Funding for the CoC is partially derived from the U.S. Department of Housing and Urban Development's (HUD) SuperNOFA (Notice of Funding Availability) process. The City has received $60,946 for outreach services and $2,133 for administrative overhead since 2003. The County receives the balance of the administrative overhead allocated {$2, 133). ANALYSIS HUD requires that applicants for funding obtain and submit a Certification of Consistency with the Consolidated Plan from the entitlement jurisdiction where the funded activity is to be located. The Plan is a five-year planning document required by HUD whereby an entitlement community, through a collaborative process, establishes a unified vision for community development and housing activities. 305 January 15, 2014 Page 2 The Consolidated Plan offers local jurisdictions the opportunity to shape the various housing and community development programs into effective, coordinated neighborhood and community development strategies. The Plan is also the means to meet the application requirements for HUD's CDBG, HOME and Homeless programs. The City of Miami Beach Commission adopted its Plan on June 5, 2013. This Plan is in effect through September 30, 2017. The Certification ensures that the proposed activities supported with HUD funds are consistent with the City's Plan, and that the location of the proposed activity is consistent with the geographic areas specified in the Plan. The City must provide the reasons for any denial when it fails to provide a Certification of Consistency. The Miami-Dade County Homeless Trust, as the lead applicant for homeless funding via the HUD SuperNOFA process requested a Certification of Consistency with the City's Consolidated Plan as part of its application process. The Administration's review of the application for supportive services to fund outreach efforts confirms that it is consistent with the City's Consolidated Plan as it provides services to the homeless, a population with insufficient resources to meet current needs. In addition, Douglas Gardens Community Mental Health Center has notified the City of its intent to submit an application to the SuperNOFA to fund its new housing initiative. Douglas Gardens is planning to develop a Housing First initiative with long-term rental support for eight (8) scattered site efficiency apartments. The proposed supportive services include: move-in assistance to stable housing; Supplemental Nutrition Assistance Program (SNAP) application and emergency food provision; assistance with access to both mental health and physical health services; and transportation support, among others. Housing First is a nationally- recognized rapid-housing model endorsed by the Miami-Dade Count Homeless Trust to quickly house and stabilize chronically homeless persons. CONCLUSION The Administration recommends approving and authorizing the City Manager to issue a Certification of Consistency with the City's FY 2013-2017 Consolidated Plan for both the City's outreach services and Douglas Gardens Community Mental Health Center's Housing First project and further authorizing the City Manager to execute any subsequent Certifications of Consistency with the City's Consolidated Plan in order to apply and receive HUD funds. JM/KGB/MLR/AB T:\AGENDA\2014\January\certificate_of_consistencymemo.doc. 306 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ISSUE A CERTIFICATION OF CONSISTENCY WITH THE CITY'S FY 2013-2017 CONSOLIDATED PLAN TO THE MIAMI-DADE COUNTY HOMELESS TRUST {TRUST) FOR THEIR APPLICATION OF FUNDING THROUGH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S (HUD) NOTICE OF FUNDING AVAILABILITY (NOFA) FOR THE CONTINUUM OF CARE (CoC) PROGRAM -FUNDING OPPORTUNITY NUMBER FR-5700-N- 31 B. FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY SUBSEQUENT CERTIFICATIONS OF CONSISTENCY WITH THE CITY'S CONSOLIDATED PLAN FOR RENEWAL AND NEW APPLICATIONS OF FUNDING FOR THE CITY'S HOMELESS SERVICES PROGRAM AND FOR DOUGLAS GARDENS COMMUNITY MENTAL HEALTH CENTER OF MIAMI BEACH, INC., TO CONTINUE PROVIDING OUTREACH, HOUSING AND SUPPORTIVE SERVICES TO HOMELESS PERSONS IN MIAMI BEACH. WHEREAS, on June 5, 2013, the Mayor and City Commission adopted the City of Miami Beach Consolidated Plan for Fiscal Years 2013 through 2017 (Consolidated Plan); and WHEREAS, the Miami-Dade County Homeless Trust (Trust) issued a Request for Applications for inclusion in the application to be submitted by the Miami-Dade County Continuum of Care for the 2013 USHUD Notice of Funding Availability (NOFA) for the Continuum of Care Program Competition, Funding Opportunity Number FR-5700-N-31 B; and WHEREAS, US HUD requires applicants to submit a Certification of Consistency with the Consolidated Plan from the entitlement jurisdiction where the proposed activity is located; and WHEREAS, the City of Miami Beach is applying for funding for its homeless outreach initiatives; and Douglas Gardens Community Health Center of Miami Beach, Inc. for funding its Housing First initiative for chronically homeless individuals; WHEREAS. the Certification of Consistency, once issued, will be submitted to the Miami-Dade County Homeless Trust as part of its funding application to HUD for award of funds for the Proposed Project; 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 authorize the City Manager to issue a Certification of Consistency with the City's Consolidated Plan to the Miami-Dade County Homeless Trust; and further authorizing the City Manager to execute any subsequent Certificates of Consistencies with the City's Consolidated Plan for funding for the aforesaid activities. PASSED AND ADOPTED this ___ day of ______ 2014. ATTEST: CITY CLERK 307 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Issuance Of A Request For Proposals (RFP) For Investment Advisory Services; And Authorizing A Month- To-Month Extension To Cutwater Asset Management (F/KJA MBIA Municipal Investors Service Corp.) Agreement Until A New Contract Is Awarded And Executed. Key Intended Outcome Supported: Improve the City's Overall Financial Health and Maintain Overall Bond Rating Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City is seeking proposals from firms interested in providing investment advisory services to manage and direct the City's investments. The successful firm would manage and direct the investment of excess funds in accordance with the City's investment objectives as set forth in City of Miami Beach's Investment Policy. The key objectives of the City's investment policy are safety of capital, sufficient liquidity to meet requirements and attaining market-average rates of return. Excess funds are defined as funds not required to meeting short term expenditures of the City. Currently, funds available for investment consist of approximately $522 million which include: $346 million from operating funds, $103 million from various bond proceeds, and $73 million from the Miami Beach Redevelopment Agency (RDA). The City expects its investment advisor to be highly experienced, a leader and innovator in the management of investments, and able to provide comprehensive investment advisory services. The firm selected as the investment advisor and its affiliates will be restricted from selling to the City, or buying from the City, any securities to or from that firm's own inventory or account The investment advisor will also be restricted from placing into the City's portfolio any securities for which it, or an affiliate, is the issuer. Investment advisors will not provide custodial services or security safekeeping. All City investments, except for swap agreements must be held in an independent custodial account. Fees for such services are competitive and would be paid from additional investment earnings. The contract term will be for five (5) years, with five (5) one (1) year renewal options at the sole option and discretion of the City. RECOMMENDATION Based on the aforementioned, the Administration recommends that the City Commission approve the issuance of an RFP for Investment Advisory Services and extend the existing agreement on a month to month basis with Cutwater Asset Management F/KJA MBIA Municipal Investors Service Corp. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: N/A Clerk's Office Le islative Trackin MJAMIBEACH Account 308 Approved AGENDA ITEM _____,C._7~P--:- DATE /-/'f-/'f MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Com FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ~ THORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR INVESTMENT ADVISORY SERVICES; AND AUTHORIZING A MONTH-TO-MONTH EXTENSION TO CUTWATER ASSET MANAGEMENT (F/K/A MBIA MUNICIPAL INVESTORS SERVICE CORP.) AGREEMENT UNTIL A NEW CONTRACT IS AWARDED AND EXECUTED ADMINISTRATION RECOMMENDATION Approve issuance of the RFP. ANALYSIS The City is seeking proposals from firms interested in providing investment advisory services to manage and direct the City's investments. The successful firm would manage and direct the investment of excess funds in accordance with the City's investment objectives as set forth in City of Miami Beach's Investment Policy. The key objectives of the City's investment policy are safety of capital, sufficient liquidity to meet requirements and attaining market-average rates of return. Excess funds are defined as funds not required to meeting short term expenditures of the City. Currently, funds available for investment consist of approximately $522 million which include: $346 million from operating funds, $103 million from various bond proceeds, and $73 million from the Miami Beach Redevelopment Agency (ROA). The City expects its investment advisor to be highly experienced, a leader and innovator in the management of investments, and able to provide comprehensive investment advisory services. The firm selected as the investment advisor and its affiliates will be restricted from selling to the City, or buying from the City, any securities to or from that firm's own inventory or account. The investment advisor will also be restricted from placing into the City's portfolio any securities for which it, or an affiliate, is the issuer. Investment advisors will not provide custodial services or security safekeeping. All City investments, except for swap agreements must be held in an independent custodial account. Fees for such services are competitive and would be paid from additional investment earnings. The contract term will be for five (5) years, with five (5) one (1) year renewal options at the sole option and discretion of the City. 309 Commission Memorandum -Investment Advisory Services RFP January 15, 2014 Page 2 The City requires that the selected Investment Advisor, at a minimum, provide the following services: The City expects its investment advisor to be highly experienced, a leader and innovator in the management of investments, and able to provide comprehensive investment advisory services. The firm selected as the investment advisor and its affiliates will be restricted from selling to the City, or buying from the City, any securities to or from that firm's own inventory or account. The investment advisor will also be restricted from placing into the City's portfolio any securities for which it, or an affiliate, is the issuer. Investment advisors will not provide custodial services or security safekeeping. All City investments, except for swap agreements must be held in an independent custodial account. Provide full-time management on a daily basis of the City's investment portfolio pursuant to the specific stated investment objectives and the City's Investment Policy. Place all orders for the purchase and sale of securities, communicate settlement information to City staff and assist in coordinating security settlement. Serve as a general resource to City staff for information, advice and training regarding fixed income securities, investment and yield curve analysis. Work with City staff to develop cash flow projections to ensure that the investment strategy is consistent with the City's cash requirements. Provide monthly statements detailing investment activity, earnings, the value of the investment portfolio, a portfolio return, mark to market valuation, and weighted average maturity, accrued interest by investment type, rating of investment by Standards & Poor's and Moody's. The selected investment advisor must maintain accurate reports including portfolio composition showing diversity of investments and compliance with applicable investment policies of the City of Miami Beach and State of Florida Statutes. Develop and implement investment strategies for the Advisory Account that will seek to enhance portfolio performance under current and future market conditions within the parameters of the City's investment policy and cash flow needs. Obtain and document competitive prices for securities transactions. Provide semi-annual and annual portfolio performance reports. Review and update the City's investment policy and written investment procedures. Perform due diligence reviews of current and proposed broker/dealers. Monitor the creditworthiness of the City's depository and custodian bank and investments in the portfolio. Provide client training on investment management subjects. Attend meetings with the City's finance staff and governing body upon request. Provide arbitrage calculations and reports on the investment of bond proceeds. 310 Commission Memorandum-Investment Advisory Services RFP January 15, 2014 Page 3 Maturity and Liquidity Requirements The City selects investments whose terms compliment the need to make the majority expenditures set forth below. 1. 2. 3. Biweekly Payrolls Periodic Debt Service Payments Capital Project Needs For each expenditure event, investments are selected whose maturities occur at a date close to the date that funds will be needed. Investments also are selected based on the highest yield for the particular type of investment. In the case of capital projects, in which the exact date that expenditures will need to be made is unknown, the City selects several investments with varying maturities so that monies are available each month to cover all capital expenditures. Any unused capital investment funds are then placed in investments of one year or more to maximize return potential. Minimum Requirements The following are minimum requirements to be met by the Proposer in order to be considered: 1. Firm or principals must have a minimum of ten {1 0) years of experience in managing fixed income assets for state and local governments with your proposal. 2. Firm must currently manage at least $5 billion of domestic fixed income assets with your proposal. 3. Firm must assign an account manager to the City with a minimum of ten (1 0) years experience in providing investment advisory services. Include resumes of all personnel that will service this account with your proposal submission or within five (5) calendar days after receipt of request by the City. 4. Firm must be familiar with all applicable Florida Statutes with regard to qualified investments for public entities with your proposal. 5. Firm must display an understanding of related issues and constraints of the arbitrage regulations and laws with your proposal. 6. Firm must be financially solvent and appropriately capitalized to be able to service the City of Miami Beach. Provide last 2 years of financial statements with your proposal submission or within five (5) calendar days after receipt of request by the City. 7. Provide a minimum of 3 governmental accounts that the firm is currently providing investment advisory services to. Include contact name, client name, telephone number and email with your proposal submission or within five {5) calendar days after receipt of request by the City. 8. Provide all fee structures that would apply to this RFP. List in a user friendly format with your proposal. Should the Mayor and Commission authorize the issuance of this RFP, all procurement rules (i.e. Cone of Silence, etc.) will apply. 311 Commission Memorandum -Investment Advisory Services RFP January 15, 2014 Page4 CONCLUSION The Administration recommends that the City Commission approve the issuance of an RFP for Investment Advisory Services and extend the existing agreement on a month to month basis with Cutwater Asset Management F/KIA MBIA Municipal Investors Service Corp. T:IAGENOA\2014\January\Procurementllnvestment Advisory RFP Memo-Jan 2014 Revised 312 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR INVESTMENT ADVISORY SERVICES; AND AUTHORIZING A MONTH-TO-MONTH EXTENSION TO CUTWATER ASSET MANAGEMENT (F/KIA MBIA MUNICIPAL INVESTORS SERVICE CORPORATION ADVISORY SERVICES} AGREEMENT UNTIL A NEW CONTRACT IS AWARDED AND EXECUTED WHEREAS, on May 13, 2009, the City Commission approved Resolution No. 2009- 27066, authorizing the City to enter into a professional services agreement with Cutwater Asset Management (F/KJA MBIA Municipal Investors Service Corp.) to provide investment advisory services (the Agreement) ; and WHEREAS, on February 1, 2014, said Agreement will expire and the City is seeking to solicit proposals for an investment advisor to be selected as the City's Investment Advisor; and WHEREAS, the Administration requests authorization to issue the attached Request for Proposal (RFP) for an Investment Advisor, and further requests that the City Commission approve a month-to-month extension of the City's current Agreement with Cutwater Asset Management until such time as a new contract is awarded and entered into. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the issuance of a Request for Proposals for an Investment Advisor, and further approve and authorize a month-to-month extension of the City's current Agreement with Cutwater Asset Management until such time as a new contract is awarded and entered into. PASSED AND ADOPTED this ___ day of ____ 2014. ATTEST: Rafael Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2014\January\Procurement\lnvestment Advisor RFP Resolution-Jan 2014 313 APPROVED AS TO FORM & LANGUAGE & FOR EXECUT&ON REQUEST FOR PROPOSALS (RFP) RFP 20 14-091-MF INVESTMENT ADVISORY SERVICES (9 MIAMI BEACH DEPARTMENT OF PROCUREMENT MANAGEMENT, 3R° Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7 4 90 314 Section I Section II Section Ill Section IV Section V Section VI Section VII Section VII G MIAMIBEACH RFP 2014-091MF INVESTMENT ADVISORY SERVICES TABLE OF CONTENTS Overview & Proposal Procedures .......................... . Minimum Qualifications Requirements ................... . Scope of Services ................................................. . Proposal Format ................................................... . Evaluation/Selection Process ................................. . Special Terms & Conditions: Insurance ................... .. General Conditions .............................................. .. Appendices: 4 8 8 9 10 12 13 A -Proposal Certification, Questionnaire & . . .. . . . .. . . . .. 18 Requirements Affidavit (Under Separate Cover) B -Minimum Requirements Checklist 25 C -Cost Proposal 36 315 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7 490, Fax: 786-394-4003 PUBLIC NOTICE Sealed proposals, as detailed herein, will be received until3:00 PM on, February 18, 2014, 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 SUBMITIING 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. Proposers are hereby advised that this RFP is subject to the following ordinances/resolutions, which may be found on the City of Miami Beach website: www.miamibeachfl.gov/procurement. • CONE OF SILENCE--ORDINANCE NO. 2002-3378 • PROTEST PROCEDURES--ORDINANCE NO. 2002-3344. • DEBARMENT PROCEEDINGS--ORDINANCE NO. 2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES--ORDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS-ORDINANCE NO. 2003-3389. • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS~ ORDINANCE NO. 2011-3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES-ORDINANCE NO. 2011-3748. • CODE OF BUSINESS ETHICS--RESOLUTION NO. 2000-23879. All questions or requests for clarifications must be received by the procurement contact named above no later than ten (10) calendar days prior to the scheduled RFP due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or comment submitted in response to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY ANDIOR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 316 SECTION I -OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND The City is seeking proposals from firms interested in providing investment advisory services to manage and direct the City's investments. The successful firm would manage and direct the investment of excess funds in accordance with the City's investment objectives as set forth in City of Miami Beach's Investment Policy. The key objectives of the City's investment policy are safety of capital, sufficient liquidity to meet requirements and attaining market-average rates of return. Excess funds are defined as funds not required to meeting short term expenditures of the City. Currently, funds available for investment consist of approximately $522 million which include: $346 million from operating funds, $103 million from various bond proceeds, and $73 million from the Miami Beach Redevelopment Agency (RDA). The City expects its investment advisor to be highly experienced, a leader and innovator in the management of investments, and able to provide comprehensive investment advisory services. The firm selected as the investment advisor and its affiliates will be restricted from selling to the City, or buying from the City, any securities to or from that firm's own inventory or account. The investment advisor will also be restricted from placing into the City's portfolio any securities for which it, or an affiliate, is the issuer. Investment advisors will not provide custodial services or security safekeeping. All City investments, except for swap agreements must be held in an independent custodial account. Fees for such services are competitive and would be paid from additional investment earnings. Maturity and Liquidity Requirements The City selects investments whose terms compliment the need to make the majority expenditures set forth below. 1. Biweekly Payrolls 2. Periodic Debt Service Payments 3. Capital Project Needs For each expenditure event, investments are selected whose maturities occur at a date close to the date that funds will be needed. Investments also are selected based on the highest yield for the particular type of investment. In the case of capital projects, in which the exact date that expenditures will need to be made is unknown, the City selects several investments with varying maturities so that monies are available each month to cover all capital expenditures. Any unused capital investment funds are then placed in investments of one year or more to maximize return potential. The contract term will be for five (5) years, with five {5) one (1) year renewal options at the sole option and discretion of the City. B. RFP TIMET ABLE The tentative schedule for this RFP is as follows: RFP Issued January 16, 2014 Pre-Proposal Meeting January 30, 2014 Deadline for Receipt of Questions February 4, 2014 Proposals Due February 14, 2014 Evaluation Committee Review March 2014 Tentative Commission Approval Authorizing Negotiations April2014 Contract Negotiations Following Commission Approval C. PROPOSAL SUBMISSION DUE DATE An original and ten (10) copies of complete Proposals, plus one electronic copy (CD or fiash drive), must be received no later than 3:00 p.m. on the dated stated in Section 1 (B), at the following address: City of Miami Beach City Hall Procurement Division --Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 41 RFP 2014-091MF, Investment Advisory Services 317 The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name, address, and RFP number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1 (B) at 11 :00 a.m. at the following address: City of Miami Beach City Hall -4111 Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139. Proposer should confirm date and time of meeting with contracting officer named in this RFP. Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 {Toll-free North America) (2) Enter the MEETING NUMBER: 1142644 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFP expressing their intent to participate via telephone. E. CONTACT INFORMATION Contact: Telephone: Email: MARTA FERNANDEZ-RUBIO 305-673-7000, Extension 6263 MartaFernandezRubio 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@miamibeachfi.gov, no later than the date specified in the RFP timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. G. CONE OF SILENCE Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff; or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members, is prohibited. H. MODIFICATIONIWITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. I. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. 5 I RFP 2014-091 MF, Investment Advisory Services 318 G MIA./1/d BEACH J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1 ), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negoUate a contract. II is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. N. 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 proposal protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 0. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 61 RFP 2014-091MF, Investment Advisory Services 319 (;9 /v\1/~Jv~! BEACH 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perfonm work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. W. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No 2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Z. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. AA. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of infiuencing 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. 88. DETERMINATION OF AWARD The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the proposer(s) s/he deems to be in the best interest of the City 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. 71 RFP 2014-091 MF. Investment Advisory Services 320 (9 r\AIA!V\! BEACH 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. Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. SECTION II-MINIMUM QUALIFICATIONS REQUIREMENTS In order to be considered, Proposers shall provide evidence of the following minimum requirements: 1. Firm or principals must have a minimum of ten (1 0) years of experience in managing fixed income assets for state and local governments with your proposal. 2. Firm must currently manage at least $5 billion of domestic fixed income assets with your proposal. 3. Provide a minimum of three (3) governmental accounts that the firm is currently providing investment advisory services to. Include contact name, client name, telephone number and email with your proposal submission or within five (5) calendar days after receipt of request by the City. 4. Firm must assign an account manager to the City with a minimum of ten (10) years experience in providing investment advisory services. Include resumes of all personnel that will service this account with your proposal submission or within five (5) calendar days after receipt of request by the City. SECTION Ill -SCOPE OF SERVICES Qualifications of the Firm • Firm must be familiar with all applicable Florida Statutes with regard to qualified investments for public entities with your proposal • Firm must display an understanding of related issues and constraints of the arbitrage regulations and laws with your proposal • Firm must be financially solvent and appropriately capitalized to be able to service the City of Miami Beach. Provide last 2 years of financial statements with your proposal submission or within five (5) calendar days after receipt of request by the City. The City requires that the selected Investment Advisor, at a minimum, provide the following services: 1. The City expects its investment advisor to be highly experienced, a leader and innovator in the management of investments, and able to provide comprehensive investment advisory services. The firm selected as the investment advisor and its affiliates will be restricted from selling to the City, or buying from the City, any securities to or from that firm's own inventory or account. 2. The investment advisor will also be restricted from placing into the City's portfolio any securities for which it, or an affiliate, is the issuer. Investment advisors will not provide custodial services or security safekeeping. 3. All City investments, except for swap agreements must be held in an independent custodial account. 4. Provide full-time management on a daily basis of the City's investment portfolio pursuant to the specific stated investment objectives and the City's Investment Policy. 5. Place all orders for the purchase and sale of securities, communicate settlement information to City staff and assist in coordinating security settlement. 6. Serve as a general resource to City staff for information, advice and training regarding fixed income securities, investment and yield curve analysis. 7. Work with City staff to develop cash flow projections to ensure that the investment strategy is consistent with the City's cash requirements. 8. Provide monthly statements detailing investment activity, earnings, the value of the investment portfolio, a portfolio return, mark to market valuation, and weighted average maturity, accrued interest by investment type, rating of investment by Standards & Poor's and Moody's. 9. The selected investment advisor must maintain accurate reports including portfolio composition showing diversity of investments and compliance with applicable investment policies of the City of Miami Beach and State of Florida Statutes. 10. Develop and implement investment strategies for the Advisory Account that will seek to enhance portfolio performance under current and future market conditions within the parameters of the City's investment policy and cash flow needs. 11. Obtain and document competitive prices for securities transactions. 12, Provide semi-annual and annual portfolio performance reports. 13. Review and update the City's investment policy and written investment procedures. 14. Perform due diligence reviews of current and proposed broker/dealers. 15. Monitor the creditworthiness of the City's depository and custodian bank and investments in the portfolio. 16. Provide client training on investment management subjects. 17. Attend meetings with the City's finance staff and governing body upon request; and 18. Provide arbitrage calculations and reports on the investment of bond proceeds. 8 I RFP 20 14-091MF, Investment Advisory Services 321 ~ MiAM! BEACH 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. Proposals that are received late or do not include the required information will be deemed non-responsive and will not be considered. TAB2 verifiable information affirmatively documenting compliance with minimum eligibility requirements established in Section II dix B. Experience & 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: • Firm History & Prior Experience • Documentable, proven track record of providing the scope of services similar as identified in this solicitation. • Experience in 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. 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 ://sup pi ierportal.d nb. com/webappfwcs/storeslserv let/Su pp lierPo 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 (1 0) 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. Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as well as other factors, ! ma be assessed. TAB 3 • e of Services Proposed and Methodolo Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information, as applicable, on: 1. Approach and methodology to project implementation; 2. Project timeline and any other factor that may impact the successful completion of the project. 9 I RFP 2014-091 MF, Investment Advisory Services 322 e tv\IAiv''iBEACH SECTION V-EVALUATION I SELECTION PROCESS The procedure for response, evaluation and selection will be as follows: 1. 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. 2. 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). Step 1 -Qualitative Criteria Maximum Points Proposer Experience and Qualifications, including Financial Capability Scope of Services Proposed Approach and Methodology 20 20 20 TOTAL AVAILABLE STEP 1 POINTS 60 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 Cost Proposal Local and Veterans Preference Miami Beach-Based Vendor Veterans and State-Certified Service-Disabled Veteran Business Enterprises 40 5 5 TOTAL AVAILABLE STEP 2 POINTS 50 4. The cost proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Cost Vendor Vendor Example Maximum Formula for Calculating Points Cost Allowable Points (lowest cost I cost of proposal being Proposal evaluated X maximum allowable points = awarded points} Round to Vendor A $100.00 20 $100 I $100 X 20 = 20 Vendor B $150.00 20 $100 I $150 X 20 = 13 Vendor C $200.00 20 $100 I $200 X 20 = 10 Total Points Awarded 20 13 10 5. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management Step 1 and 2 scores will be converted to rankings in accordance with the example below: 1 0 I RFP 2014-091 MF. Investment Advisory Services 323 * 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. BEACH BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. 11 I RFP 2014-091MF, Investment Advisory Services 324 e ;\;\LA/V\1 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 "8" 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. 12 I RFP 2014-091MF. Investment Advisory Services 325 SECTION VII -GENERAL CONDITIONS 1. GENERAL TERMS AND CONDITIONS. It is the resp<Jnsibility of the Proposer to become thoroughly familiar with the Proposal requirements, terms and condit1ons 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, 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 offer(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 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 t 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 10% or more of the outstanding capital stock in 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 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 not 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 wtth the City. Evaluation Committee - A committee of individuals appointed by the City Manager that may include City personnel, 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 13 I RFP 2014-091 MF. Investment Advisory Services 326 (!? ,tl/\l/\f:\1 BEACH 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. p. Term Applicant -shall mean an individual, partnership. or corporation, which submits an application in response to this solicitation. q. Responsible Proposer : A proposer who is qualified, as determined by the City, on the basis of the following criteria: Whether the proposer can pertorm the contract within the time specified, without delay or interterence • The character, integrity, reputation, judgment. experience and efficiency of the proposer . • The quality of pertormance of previous contracts. • The previous and existing compliance by the proposer with laws and ordinances relating to the contract r. Responsive Proposer -t, proposer whose submittal is determined by the City to be in conformance with the conditions, requirements, and specifications detailed in the specifications. s. 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: \WIW.miamibeachfl.gov and click on Procurement under City Departments. 3. 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 temns 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 prop<Jsal(s). 4. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 5. MISTAKES. Proposers are expected to exam1ne 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. 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 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. 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 sudl has been established by U.L. for the item(s) offered and furnished. 8 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 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. Proposers shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 13. EMERGENCY RESPONSE PRIORITY. II 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 solicitaUon, 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 priority" under the emergency conditions noted above. 14. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming 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 ordsr, 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 information. 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 "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 141 RFP 2014~091MF, Investment Advisory Services 327 (e !v\l.iV/\1 BEACH proposer 's name. Failure of the proposer to either deliver required samples, or to clear1y 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 reoeipt 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 Friday, 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 Drive, Miami Beach, FL 33139.or facsimile: 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 responsibtlity of the proposer . The City will not be responsible for delays caused by mail, courier service, or any other entity or occurrence. Facsimile, electronic. ore-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 negligence 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, Miarni-Dade County, and City ol 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 indemmfy and save harmless the City of Miami Beadl, 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 Beadl, Florida. If the proposer uses any design, device or materials covered by letters, patenl 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, services, 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 lines 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, nules. 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, pemnit. 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 duling 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 call711 (Florida Relay Service). 31. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where proposer s are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Proposal, the proposer will assume the 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 forfeitura of that portion of any proposal surety requirad 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 dale of the City's notice, the City, 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 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 15 I RFP 2014-091 MF. Investment Advisory Services 328 ~ MIAt-l,IBEACH 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 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 Conditions, Special Conditions and/or Technical Specifications contained in this it must file a notice of protest in writing to the Procurement Director, w1th 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 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 procedunas for propcsal protests and which can be found on the Procurement website. Failure to 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 tnue meaning of the Proposal specifications. or other Proposal documents. or any part thereof, tihe 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 supersede such specifications, to the extent specified. Subsequent Addendum shall govem 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 con tract 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 perfomnance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensuna 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 detemnined 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 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 conflicts 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 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 onder 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 the pnor 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 sucoessful 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 opUon of the unit of government or non-profit agency. 55. SPOT MARKET PURCHASES. It 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 the 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 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. 16 I RFP 2014-091 MF, Investment Advisory Services 329 ~ MLAJ'/dBEACH 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. 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 proposalding 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. 65. REASONABLE ACCOMMODATION. In accordance with TiUe 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. 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 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 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 Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued lie 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. 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 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 contract for all work 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 r~lieved 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 suocessful 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 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 suocessful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of such notice. ln that event all finished or unfinished documents and other materials shall be property delivered to the City. If the contract is terminated by the City as provided in this subsection. the City shall compensate the suocessful proposer in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or servrces 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 lermination 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 suocessful Proposer shall pay all clarms and losses in connection therewith, and shall investigate and defend all claims, suns or actions of any kind or nalure 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 successful 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 171 RFP 2014 091MF, Investment Advisory Services 330 (9 !v\I.Ar\~1 BEACH 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 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 and letters of withdrawal received after contract award will NOT be considered. 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 satsty 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 are 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. Proposer s are hereby notified that all Proposal including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Sec~on 119.07(1), Florida Statutes, and s. 24(a), Art 1 of the State ConstituUon 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 aocess to public records on the same tenms 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 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 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 lechnology systems of the public agency. APPENDIX A ~ MIAMI BEACH Proposal Certification, Questionnaire & Requirements Affidavit RFP 2014-091 MF INVESTMENT ADVISORY SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 e ;\AAJv\! BEACH PagelS RFP 2014-091MF, E33fic Agenda System Solicitation No: 2014-D91MF Solicitation Title: Investment Advisory Services Procurement Contact Marta Fernandez Rubio Tel: 305-673-7000 Ext. 6263 I Email:mfemandezrubio@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: I No of Years in Business Locally: I No. of Employees: OTHER NAME(S) PROPOSER HAS OPERA TED UNDER IN THE LAST 1 D 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 additional mformat1on from proposer or other source(s), mcludmg but not l1m1ted to: any firm or principal information, applicaole licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. (e !v\IAlv~.i BEACH Page 19 RFP 2014-091 MF, Electronic Agenda System 332 2. Miami Beach Based (Local) Vendor. Is proposer a Miami Beach based firm? C=:J 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 2011-37 47, to demonstrate that the Proposer is a Miami Beach Based Vendor. Veteran Owned Business~oser a veteran owned business? L__j YES c=J NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government as required pursuant to ordinance 2011-3748. 4. 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 pastS years, submit a statement accordingly. 5. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 6. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-rerforTance 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). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in RFP. 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. 8. 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 proposal/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 ~ iY\LJ\MI BEACH Page 20 RFP 2014-091MF, Electronic Agenda System 333 Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 9. living Wage. PuFSI:Iant to Section 2 408 of the Miami Beaeh City CoEle, as same may be amenEleEl from time to time, JJFOposers shall be re~YireEl to ~Jay all emJJioyees 'Nho IJFO'JiEle serviees pursYant to this Agreement, the hol:lrly living wage rates listoEl below: • Commencing 'Nith City fiscal year 2012 13 (October 1, 2012), the hourly living rate will be $11.28/hr with health bene~ts, ana $12.Q:Yhr without benefits. The living wage rate and health care benefits rate may, I:Jy Resolution of the City Commission be indexes annually for inflation Ysing the Consumer Priee lndeJ< for all Urean Consumers (CPI U) Miami/Ft. LauEleraale, issues by the U.S. DeJ)artment of Labor's Bureau of Labor Statistics. NotwithstanElin§ U'le preceEling, no annual inElel< sl:lall eJ<ceed three pereent (3%). The City may also, I:Jy resol1:1tion, eleet not to inElel< the living wage rate in any partie1:1lar year, if it Eletermines it would not be fiscally sound to implement same (in a partie1:1lar year). ProJJOsers' fail1:1re to comJJIY with this JJrovision shall be seemed a material breach under this prop0sal, under whieh the City may, at its sale eJ3lion, immoEliately doom said proposer as non ;esponsive, ana may further s1:1ejeet JJrOJJoser to additional penalties and fines, as provided in the City's Living 1Nage Ordinance, as amended. Further infmmation on the Li·;ing Wa§e re~uirernent is available at 'NW'N.rniamibeach~.§ov/wocurernentl. SUBMITTAL ReQIJIRJiMENT: No additional submittal is re~1:1ired. By virtue of el<ee~o~tin§ tl:lis affidavit document, PreJJeser a§rees to the living wage req~o~irerneRt 10. 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 proposals, 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. A Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? CJ YES CJ NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? CJ YES CJ NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procuremenU. ~ tv\l.t..JV\1 BEACH Page 21 RFP 2014-091MF, Eleclronic Agenda System 334 11. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, 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 proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's a-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confim1 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 add1t1onal confirmation of addendum IS reqUired, subm1t under separate cover. <e tJ\LA/v'\1 BEACH Page 22 RFP 2014-091MF, Electronic Agenda System 335 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 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 Proposal or Proposal, the applicant agrees to deliver such further details, information ancl 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 proposal 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. ~ ,V,i.t\:V\1 BEACH Page 23 RFP 2014-091MF. Electronic Agenda System 336 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 RFP, 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 RFP, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA On this _day of , 20_, personally appeared before me who County of stated that (s)he is the of _____ , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of __ _ My Commission Expires: ______ _ ce !v\IAtV,! BEACH Page 24 RFP 2014-091 MF, Electronic Agenda System 337 APPENDIX 11 8" MINIMUM REQUIREMENTS CHECKLIST RFP 2014-091MF, INVESTMENT ADVISORY SERVICES Does your firm meet the following Minimum Requirements? Response Category (Yes/No) (Indicate whether your firm meets the Minimum Requirement, if provided by a third party, please indicate 3P in the optional description/notes! Response Description/Notes MINIMUM REQUIREMENTS Yes/No 1 2 3 4 Firm or principals must have a minimum of ten (10} years of experience in managing fixed income assets for state and local governments with your proposal. Firm must currently manage at least $5 billion of domestic fixed income assets with your proposal. Provide a minimum of three (3) governmental accounts that the firm is currently providing investment advisory services to. Firm must assign an account manager to the City with a minimum of ten (10) years experience in providing investment advisory services. (e i\r\LI\:V\1 BEACH Page 25 Submit detailed response under Section IV, Tab2 Submit detailed response under Section IV, Tab 2 Submit detailed response under Section IV, Tab 2 Submit detailed response under Section IV, Tab 2 RFP 2014-091MF. Electronic Agenda System 338 APPENDIX "C" COST PROPOSAL RFP 2014-091MF, INVESTMENT ADVISORY SERVICES PROPOSER'S NAME: ______________________ _ Proposers may submit further detailed attachments to the cost proposal. However, all costs must be submiHed using the following fee structure. Fees based on a total Asset Value of $522 million. Fees based on various tiers to be determined by the proposer are ble, ANNUAL FEE $ ____ _ $ ____ _ $ ____ _ $ ___ _ ASSET VALUE (TIER TO BE DETERMINED BY PROPOSER) Asset Value Tier A upto$~~~- Asset Value Tier B in excess of $~--- and less than $ ___ _ Asset Value Tier C in excess of $ ___ _ and less than $ Asset Value Tier D in excess of $ ___ _ and less than $ ___ _ ANY and ALL ANNUAL ADMINISTRATIVE EXPENSES be detailed on a se TOTAL ANNUAL COST TO THE CITY FOR INVESTMENT ADVISORY SERVICES BASED ON $522 MILLION IN ASSETS TOTAL $ _____ _ $ _____ _ $ _____ _ $ ____ _ $ $ Proposer shall provide all fee structures that apply to this RFP. Proposer may utilize additional lines if needed to add additional tiers. (9 /v\IAr'v\1 BEACH Page 26 RFP 20l4-09lMF. Electronic Agenda System 339 L;UMMI::S::SIUN II t:.M ::SUMMAt<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 NATIONAL JOINT POWERS ALLIANCE (NJPA) CO-OPERATIVE FOR THE PURCHASE OF COMPETITIVELY BID ROUTINE OPERATIONAL REQUIREMENTS, AND WAIVING BY 5/71 H VOTE, THE CITY'S FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. The City releases purchase orders for routine operational requirements that support the maintenance and operations of numerous departments and facilities, such as: maintenance, repair, and operations (MRO) requirements; public safety items and supplies; heavy and industrial equipment; and, technology items. 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. The quote process assures that some controls and cost assurance are placed on the expenditure of City dollars. However, the quote process can be inefficient when items are needed expeditiously and, above all else. do not strategically leverage high volume to assure that pricing received is based on the highest discounts possible. Several years ago, the State of Minnesota created the North Central Service Cooperative to assure that, in the acquisition of routine goods and services, State agencies were maximizing volume against the entire volume of the State and not only the immediate need of any particular agency. Today, the former North Central Service Cooperative is known as the National Joint Powers Alliance (NJPA) and has expanded to leverage the buying power of governmental agencies across the entire United States. Currently, NJPA retains hundreds of governmental agency members across the United States whose procurement volume is leveraged in the award of competitively solicited contract for the good of each member agency. In the State of Florida, governmental agencies are authorized to participate in cooperative such as NJPA through Statute 163.01. Many state and local agencies across Florida already utilize NJPA competitively bid contracts to leverage the buying power of many governmental agencies each time a purchase is made. Some of the Florida governmental agency members of NJPA include the State of Florida, Department of Management Services; Miami- Dade County; the City of Miami; Miami Dade Public Schools; and, the Public Health Trust all utilize NJPA pricing agreements to maximize the value of each dollar spent while reducing the operational inefficiencies and delays caused by the need to have the same requirement(s) bid or quote by multiple agencies individually but without enjoying the leveraged volume of all. Again, the purpose of NJPA is to work cooperatively with governmental agencies across the country to in an effort to maximize price discounts and operational efficiencies for each agency. As a result, NJPA is endorsed by and works closely with the National Institute of Governmental Procurement (NIGP), the Florida Association of Public Procurement Officers (FAPPO), the National Procurement Institute (NPI), the Government Finance Officers Association, and many others. Participating in the NJPA competitively awarded agreements does not restrict the City from seeking pricing from other contracts or releasing a City-specific solicitation. Nonetheless, participating in the NJPA competitively awarded agreements will streamline the acquisition process for expeditiously needed routine operational requirements and assure that the City is maximizing the leveraging of aggregated volume from many agencies across the United States, while, at the same time, maximizing operational efficiencies in the acquisition of these requirements. RECOMMENDATION It is recommended that the Mayor and City Commission of the City of Miami Beach, Florida, approve a resolution authorizing the City Manager to participate in the National Joint Powers Alliance (NJPA) Co-Operative for the purchase of competitively bid routine operational requirements, and waiving by 5/7 1h vote, the city's formal competitive bidding re uirements, fin din such waiver to be in the best interest of the Cit . Advisory Board Recommendation: Financial Information· Source of Funds: 1 2 OBPI Total Amount NA Account NA Financial Impact Summary: Expenditures are contingent upon approved budgeted funds. City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: I Assistant CitYJIVtanager I City M ll?iiQer AD ~ "J I KGB-4tft I JLM/Yv' T:\AGENDA\2CJT31feptember 11\RFP 064-2013 Audit Servic,!s of Capital Improvement Projects -~u~nmary.doc J MIAMI BEACH AGENDA ITEM _C_7_{).._....,.. DATE /-1)-JC{ 340 Bl MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www. miamibeachfl.gov COMMISS ON MEMORANDUM TO: Mayor Philip Levine and Members of the City FROM: Jimmy L. Morales City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPR VING AND AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE NATIONAL JOINT POWERS ALLIANCE (NJPA) 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, WHEN PARTICIPATING IN COMPETITIVE AWARDS BY NJPA. ADMINISTRATION RECOMMENDATION Approve the recommendation. KEY INTENDED OUTCOME Maximize Efficient Delivery of Services BACKGROUND 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, including but not limited to: • Maintenance, repair and operations (MRO) items including industrial equipment, tools, hardware, etc. • Automotive and equipment parts and supplies used in the maintenance of the City's fleet of automobiles, trucks and equipment. • Public safety items and supplies. • Heavy and industrial equipment utilized to support and maintain the City's infrastructure. • Technology items such as computers and peripherals. 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. The quote process assures that some controls and cost assurance are placed on the expenditure of City dollars. However, the quote process can be inefficient when items are needed expeditiously and, above all else, do not strategically leverage high volume to assure that pricing received is based on the highest discounts possible. 341 21 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 NATIONAL JOINT POWERS ALLIANCE (NJPA) CO-OPERATIVE FOR THE PURCHASE OF COMPETITIVELY BID ROUTINE OPERATIONAL REQUIREMENTS, AND WAIVING BY 5f7T" VOTE, THE CITY'S FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. Several years ago, the State of Minnesota created the North Central Service Cooperative to assure that, in the acquisition of routine goods and services, governmental agencies were maximizing individual agency purchase volume by aggregating volume with other governmental agencies. Today, the former North Central Service Cooperative is known as the National Joint Powers Alliance (NJPA) and has expanded to leverage the buying power of governmental agencies across the entire United States. Currently, NJPA retains hundreds of governmental agency members across the United States whose procurement volume is leveraged in the award of competitively solicited contract for the good of each member agency. In the State of Florida, governmental agencies are authorized to participate in cooperative such as NJPA through Statute 163.01. Many state and local agencies across Florida already utilize NJPA competitively bid contracts to leverage the buying power of many governmental agencies each time a purchase is made. Some of the Florida governmental agency members of NJPA include the State of Florida, Department of Management Services; Miami-Dade County; the City of Miami; Miami Dade Public Schools; and, the Public Health Trust all utilize NJPA pricing agreements to maximize the value of each dollar spent while reducing the operational inefficiencies and delays caused by the need to have the same requirement(s) bid or quote by multiple agencies individually but without enjoying the leveraged volume of all. Again, the purpose of NJPA is to work cooperatively with governmental agencies across the country to in an effort to maximize price discounts and operational efficiencies for each agency. As a result, NJPA is endorsed by and works closely with the National Institute of Governmental Procurement (NIGP), the Florida Association of Public Procurement Officers (FAPPO), the National Procurement Institute (NPI), the Government Finance Officers Association, and many others. As an example of the cooperative benefits yielded by the City through participation is NJPA competitively awarded contracts is pharmaceutical medications and supplies required by the City's Fire and Rescue Department. Currently the City requires the use of many of these items for which a City pricing contract is not available. The Fire and Rescue Department seeks quotes from these items as needed. However, volume at any one given moment tends to be relatively low. Through the use of the NJPA agreements for healthcare and pharmacy solutions, the City is guaranteed pricing that has been competitively bid utilizing the volume aggregated from many public safety agencies across the United States. Similar cooperative opportunities are available for vehicle parts, industrial tools and supplies, building materials, public utility equipment, parks equipment, emergency response equipment and many other routine operational requirements. 342 31 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 NATIONAL JOINT POWERS ALLIANCE (NJPA) CO-OPERATIVE FOR THE PURCHASE OF COMPETITIVELY BID ROUTINE OPERATIONAL REQUIREMENTS, AND WAIVING BY 5f7TH VOTE, THE CITY'S FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. Finally, participating in the NJPA competitively awarded agreements does not restrict the City from seeking pricing from other contracts or releasing a City-specific solicitation. Nonetheless, participating in the NJPA competitively awarded agreements will streamline the acquisition process for expeditiously needed routine operational requirements and assure that the City is maximizing the leveraging of aggregated volume from many agencies across the United States, while, at the same time, maximizing operational efficiencies in the acquisition of these requirements. CONCLUSION The benefits of co-operative purchases are widely recognized nationally by many professional associations, including (in addition to those named above) the U.S. Conference of Mayors, the National Association of State Procurement Officials and the General Services Administration of the U.S. Government. 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 of the City of Miami Beach, Florida, approve a resolution authorizing the City Manager to participate in the National Joint Powers Alliance (NJPA) Co-Operative for the purchase of competitively bid routine operational requirements, and waiving by 517th vote, the city's formal competitive bidding requirements, finding such waiver to be in the best interest of the City. JLM: KGB: AD T:V\GENDA\20141January\Procurement\Waiver of Bid-NJPA Coop MEMO.docx 343 RESOLUTION NO. ----- 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 NATIONAL JOINT POWERS ALLIANCE NATIONAL 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. WHEREAS, the City of Miami Beach, Florida (the "City") releases purchase orders annually for routine operational requirements that support the maintenance and operations of numerous departments and facilities; and WHEREAS, the City recognizes that the need for routine operational requirements is not limited to the City, but is typical of every municipal government; and WHEREAS, the City further recognizes the benefits of cooperative agreements which increase the buying power of public funds through competitively soliciting best possible pricing through the aggregated volume of like purchases required by multiple governmental agencies, including counties and cities; and WHEREAS, the City, as a governmental agency, is eligible to utilize the competitively solicited cooperative agreements which aggregate the buying power of many governmental agencies across the United States; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to participate in the National Joint Powers Alliance Purchasing Co- Operative for the purchase of competitively bid routine operational requirements, and waiving by 5/71h vote, the City's formal competitive bidding requirements, finding such waiver to be in the best interest of the City. PASSED AND ADOPTED THIS ___ DAY OF ____ .2014. ATTEST: CITY CLERK MAYOR 344 APPROVED AS TO FORM & LANGUAGE & Ff1R EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 345 l,.jUMMI~~IUN I I ~M ~UIVIIVIAK Y Condensed Title: A Resolution Authorizing Amendment No. 7 to the NSP1 Agreement between the City and the State of Florida Department of Economic 0 ortunit DEO to extend the ex iration date from Februa 15, 2014 to Au ust 15, 2014. Key Intended Outcome Supported: Increase access to workforce or affordable housing. Supporting Data (Surveys, Environmental Scan, etc.): Based on the Strategic Plan 2011 Update, the number of affordable housing units is 4,743. Item Summary/Recommendation: The U.S. Housing and Economic Recovery Act of 2008 created the Neighborhood Stabilization Program (NSP1 ), which directed HUD to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes. Miami Beach applied for NSP1 funds for the purchase and rehabilitation of one or more multi-family buildings to be kept as rental properties to benefit income-qualified households in accordance with the NSP1 regulations and was awarded a total of $9,305,268 through an initial allocation plus two subsequent reallocations. The State DEO is the pass-through entity handling HUD's NSP1 allocation to the City. The initial allocation to the City in the amount of $2,549,441 was formula-based. The second and third allocations in the amounts of $4,755,717 and $2,000,000, respectively, were awarded to the City after the original recipients, Apopka and Clearwater, failed to meet the program's benchmarks. The City consistently demonstrated above-average performance. The City entered into a grant agreement with the State, and after conducting a procurement process for award of the first allocation, entered into a related agreement with Miami Beach Community Development Corporation (MBCDC). Both Agreements were subsequently amended to accept and govern the second and third allocations of funding for a total of $9,305,268. With these funds, three foreclosed buildings were acquired by MBCDC pursuant to the NSP1 guidelines and are all now complete and fully leased. They are: The Madeleine, a 16-unit building located at 7871 Crespi Blvd., received a Certificate of Occupancy (CO) on October 11, 2012; The Neptune, a 35-unit building located at 1632 Meridian Avenue, received a CO on November 15, 2012; and The Lottie a nine-unit building located at 530 75 Street, received a CO on April 24,2013. From each of the allocations, the City was allowed to use a maximum of 6.8% ($632,758) for administrative expenses. The City has an approximate balance of $201,809.37 in unspent administrative funds. These funds are subject to forfeiture to the DEO on February 15, 2014 if they remain unspent. The State D EO has advised that the City has two options: return the unspent funds or request an extension to enable the identification of another NSP1 eligible activity. The City, therefore, is seeking an extension to enable current staff to find a suitable NSP1 eligible project and ensure the full expenditure of these funds to prevent their return to DEO. The extension will modify the NSP1 Agreement between the City and DEO extending its term to August 15, 2014. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: Amount 1 $201,809.37.00 NSP1 2 OBPI Total Clerk's Office Le islative Trackin artment Director MIAMI BEACH 346 Account Approved 138-5668-XXXXXX AGENDA ITEM _C..----:7~K=---=~· DATE /-/r--/lj m MIAMI BEACH "'=" City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Jimmy L. Morales, City Manage '-'rJ..----... I t• <::}_ _ _.....,.;;__. January 151 2014 ~ A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AP ROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 7 TO THE SUBGRANT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND THE CITY MODIFYING THE EXPIRATION DATE OF THE SUBGRANT AGREEMENT FROM FEBRUARY 15, 2014 TO AUGUST 15, 2014 AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE SUCH ACTIONS AS MAY BE REQUIRED WITH REGARD TO PREPARING AND HAVING THE MAYOR AND CITY CLERK EXECUTE MODIFICATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On July 31, 2008, the United States Congress enacted the Housing and Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program {NSP1 ), which directed the Department of Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes. Resolution No. 2009-27039 was adopted by the City Commission on March 18, 2009, approving the City's application for and planned use of NSP1 funds for the purchase and rehabilitation of one or more multi-family buildings to be kept as rental properties to benefit income-qualified households, in accordance with the NSP1 regulations, with an end goal of stabilizing neighborhoods impacted by foreclosures. The City was awarded a total of $9,305,268 in NSP1 funds through an initial allocation plus two subsequent reallocations. The State's Department of Community Affairs (DCA), now known as the Department of Economic Opportunity (DEO), is the pass-through entity handling HUD's NSP1. The initial allocation to the City in the amount of $2,549,441 was formula-based. The second and third allocations in the amounts of $4,755,717 and $2,000,000, respectively, were awarded to the City after the original recipients, Apopka and Clearwater, failed to meet the program's benchmarks. Conversely, the City consistently demonstrated above-average performance. On September 9, 2009, the City approved Resolution No. 2009-27175 authorizing the execution of the Federally-funded Subgrant Agreement with DCA ("State Agreement") for the amount of $2,549,551. 347 NSP1 Agreement Amendment No.7 Page 2 of2 After the Administration conducted a duly-noticed procurement process for award of the first allocation, the Mayor and City Commission approved Resolution No. 2009-27194 on September 9, 2009 authorizing the execution of an Agreement with Miami Beach Community Development Corporation (MBCDC) to carry out the City's planned use of, and application for, NSP1 funds ("MBCDC Agreement"). The initial strategy was to fund the acquisition and rehabilitation of one affordable housing project. MBCDC identified the 16-unit building located at 7871 Crespi Boulevard, which was later named The Madeleine. The State Agreement for the first allocation was subsequently amended to include the two additional allocations in the amounts of $4,755,717 and $2,000,000, which were awarded on March 24, 2010, and July 30, 2010, respectively. The MBCDC Agreement was amended per Resolution No. 2010-27335, to allow for the allocation of additional NSP1 funds received by the City. The additional acquisition and rehabilitation funds resulting from the second and third allocations enabled the acquisition and rehabilitation of The Neptune, a 35-unit foreclosed apartment building located at 1632 Meridian Avenue; and The Lottie, a nine-unit foreclosed apartment building which contains large apartments suitable for families, located at 530 75 Street. From each of the allocations, now totaling $9,305,268, the City was allowed to use a maximum of 6.8% ($632,758) for administrative expenses. As of today, the City has an approximate balance of $201,809.37 in unspent administrative funds. These funds are subject to forfeiture to the DEO on February 15, 2014 if they remain unspent. ANALYSIS All three NSP1-funded projects are now complete. The Madeleine received a Certificate of Occupancy (CO) on October 11, 2012; The Neptune received a CO on November 15, 2012; and The Lottie received a CO on April 24, 2013. All projects are now fully leased achieving the National Objective. In 2012, the DEO announced its plan to extend open contracts in six-month intervals enabling late performing municipalities to meet the National Objective as well as allow for close-out instructions from HUD. The City had previously requested extensions that currently expire on February 15, 2014. City staff has consulted with DEO staff and have been advised that an extension would be granted if requested. Such an extension would afford the current staff an opportunity to explore the feasibility of using the remaining funds to maximize their benefit for our community including the possibility of leveraging these funds to augment the City's First-Time Homebuyer Program, among other possibilities. Therefore, the Administration is seeking consent to obtain an extension to enable current staff to find a suitable NSP1 eligible project or activity enabling the full expenditure of the remaining administrative funds and preventing their return to DEO. CONCLUSION The Administration recommends that the Mayor and City Commission authorize Amendment No. 7 to the Subgrant Agreement between the State of Florida DEO and the City modifying the expiration date of the Subgrant Agreement from February 15, 2014 to August 15, 2014, and further authorizing the City Manager or his designee to take such actions as may be required with regard to preparing and having the Mayor and City Clerk execute any documentation necessary to effectuate the amendments to the agreement. '/l 'Tl) JLMIK¢BIMLRIDMR 348 RESOLUTION NO. ________ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE FOLLOWING ACTIONS WITH REGARD TO THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) AGREEMENT APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 7 TO THE SUBGRANT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND THE CITY MODIFYING THE EXPIRATION DATE OF THE SUBGRANT AGREEMENT FROM FEBRUARY 15, 2014 TO AUGUST 15, 2014 FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE SUCH ACTIONS, AS MAY BE REQUIRED, WITH REGARD TO PREPARING AND HAVING THE MAYOR AND CITY CLERK EXECUTE MODIFICATIONS WHEREAS, on July 31, 2008, the United States Congress enacted the Housing and Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program 1 (NSP1 ), which directed the Department of Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes; and WHEREAS, the State of Florida Department of Economic Development (DEO) is the entity managing the NSP1 allocation to the City of Miami Beach; and WHEREAS, on March 18, 2009, the City approved Resolution No. 2009-27039, approving the City's planned use of and application of NSP1 funds to purchase and rehabilitate one or more foreclosed or abandoned multi-family buildings to be made available as rental housing properties for income-qualified households; and WHEREAS, the City was awarded a total of $9,305,268 in NSP1 funds through an initial allocation plus two subsequent allocations; and WHEREAS, the Administration conducted a duly-noticed procurement process for award of the first allocation, resulting in the City Commission's approval on September 9, 2009, of Resolution No. 2009-27194 which authorizing the execution of an Agreement with Miami Beach Community Development Corporation to carry out the City's planned use of, and application for, NSP1 funds ("MBCDC Agreement"); and WHEREAS, the initial strategy was to fund the acquisition and rehabilitation of one affordable housing project, which resulted in the acquisition of the 16-unit foreclosed building located at 7871 Crespi Boulevard, which was later named The Madeleine; and WHEREAS, on February 3, 2010, the City's Agreement with MBCDC was amended per Resolution No. 2010-27335, to allow for the allocation of additional NSP1 funds received by the City; and WHEREAS, the additional acquisition and rehabilitation funds resulting from the second and third allocations were authorized for the acquisition and rehabilitation of The Neptune, a 35- unit foreclosed apartment building located at 1632 Meridian Avenue; and The Lottie, a nine-unit foreclosed apartment building which contains large apartments and is suitable for families, located at 530 75 Street; WHEREAS, on May 12, 2010, the City Commission approved Resolution No. 2010- 27390, authorizing the reallocation of NSP1 funds in the amount of $246,898.53 from The Madeleine project to The Neptune; utilizing the second NSP1 allocation in the amount of 349 $4,432,328.24; utilizing FY2009/1 0 US HUD HOME funds in the amount of $650,000; and subordinating the City's first lien position to private bank financing acquired by MBCDC in the amount of $700.000; and WHEREAS, the City was allowed to use a maximum of 6.8% or $632,758 of the total NSP1 allocation for administrative expenses; and WHEREAS, as of September 30, 2012, remaining unexpended administrative funds were $300,953.95 of the available $632,758 NSP1 administrative funding allocated to the City and the City's NSP1 grant agreements with the State DEO and with MBCDC were set to expire on November 23, 2012; and WHEREAS, the State's DEO requested that both of the City's contracts be extended through February 15, 2013, in order to rent all 60 units and meet a National Objective as directed by HUD; and WHEREAS, the State's DEO requested that both Miami Beach contracts be extended an additional six months, in order to occupy all units, close out the grant, and resolve the pending issue of the City's unspent administrative funding; and WHEREAS, pursuant to Resolution No. 2013-28139, both contracts were extended through August 15, 2013; and WHEREAS, all three projects were 100% leased as of April 1, 2013, and a National Objective was met; and WHEREAS, the Administration projects that, based on current administrative expenditure rates, the projected balance of unspent administrative funds, as of August 15, 2013, will be approximately $218,181.86; and WHEREAS, the State's DEO requested that both Miami Beach contracts be extended an additional six months, through February 15, 2014, in order to close out the grant, and resolve the pending issue of the City's unspent administrative funding; and WHEREAS, in order to comply with the State DEO close-out instructions for the NSP1 grant, the Administration recommends extending the end date of the NSP1 Subgrant Agreement with the City so that it expires on August 15, 2014, as directed by the State DEO. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and the City Clerk to execute Amendment No. 7 to the Subgrant Agreement between the State of Florida Department of Economic Development (DEO) and the City modifying the expiration date of the Subgrant Agreement from February 15, 2014 to August 15, 2014; and further authorize the City Manager or his designee to take such actions, as may be required, with regard to preparing and having the Mayor and City Clerk execute modifications. PASSED AND ADOPTED this ___ day of-------' 2014. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM & LANG.UAGE & FOR EXECUTION ? -l c }$':l-l1-~;+I~ J) 350 t)AT!i. THIS PAGE INTENTIONALLY LEFT BLANK 351 COMMISSION ITEM SUMMARY Condensed Title: A Resolution OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute Amendment No. 6 To The Professional Services Agreement With Atkins North America, For Extended Construction Administrative And Resident Project Representative Services, For A Period Of Up To Three (3) Months, For The South Point Park Pier Project; In The Amount Of$81 ,000 With Previously Appropriated Funding From Fund 389 South Pointe Capital Fund. 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 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 oood. Issue: I Shall the Mayor and City Commission approve the issuance of the Resolution? Item Summary/Recommendation: On April13, 2011, the City Commission pursuant to Request for Qualifications (RFQ) No. 04-10/11, adopted Resolution No. 2011-27628, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc. (Atkins) for Professional Services for the South Pointe Pier Project. On February 9, 2012, Amendment No. 1 to the Agreement was executed approving additional services required pursuant to the USACOE permit RAI process related to a new coral recipient site in Government Cut, in the not-to- exceed amount of $12,950. Subsequently, on July 1, 2012, Amendment No. 2 to the Agreement was executed to provide additional bidding and award services required under a Construction Management at Risk method of procurement in the not-to-exceed amount of$11 ,974. Amendment No.3 for an amount of$15, 120 is pending approval. On January 16, 2013, Amendment No. 4 to the Agreement was approved by Commission to provide supplemental Construction Administration services in the not-to-exceed amount of $300,852. On June 28, 2013, Amendment No. 5 to the Agreement was executed to provide material and laboratory testing services in the not-to-exceed amount of $9,032. Pursuant to approval of Amendment No. 6, the Construction Administration and Resident Project Representative services will be extended for the continued monitoring of the construction phase and environmental permitting requirements for an additional period of three (3) months for a total not-to-exceed amount of $81,000. Atkins' revised contract amount will total $784,808. The additional services will be added to the Atkins Professional Services Agreement as requested by the City. The Administration has determined that additional services are warranted due to the extension of 91 calendar days to the Contract Time approved for the Construction Manager at Risk firm. The negotiated price submitted by Atkins has been reviewed by City staff and found to be fair and reasonable. The Administration recommends approval of the resolution. Advisory Board Recommendation: Financial Amount Account Information: 1 $81,000 Funds: 389-2577-067357 lf%~p~ 2 Total $81,000 Financial Impact Summary: Cit Clerk's Office Le islative Trackin Mattie Reyes, Ext. 6884 Si n-Offs: SUII:IMARY2 doc 352 AGENDA ITEM (. 7 5 DATE /-/')-/<( MIAMI BEACH (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Phillip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR A PERIOD OF UP TO THREE (3) MONTHS, FOR THE SOUTH POINTE PARK PIER PROJECT; IN THE AMOUNT OF $81,000, WITH PREVIOUSLY APPROPRIATED FUNDING FROM FUND 389, SOUTH POINTE CAPITAL FUND. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING Funding has been previously appropriated from Fund 389, South Pointe Capital Fund. ANALYSIS On April 13, 2011, the City Commission pursuant to Request for Qualifications (RFQ) No. 04- 10/11, adopted Resolution No. 2011-27628, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc. (Atkins) for Professional Services for the South Pointe Pier Project in the amount of $369,000. On February 9, 2012, Amendment No. 1 to the Agreement was executed approving additional services required pursuant to the USACOE permit RAI process related to a new coral recipient site in Government Cut, in the not-to-exceed amount of $12,950. Subsequently, on July 1, 2012, Amendment No. 2 to the Agreement was executed to provide additional bidding and award services required under a Construction Management at Risk method of procurement in the not- to-exceed amount of $11 ,97 4. Amendment No. 3 for an amount of $15,120 is pending approval. On January 16, 2013, Amendment No. 4 to the Agreement was approved by Commission to provide supplemental Construction Administration services in the not-to-exceed amount of $300,852. On June 28, 2013, Amendment No. 5 to the Agreement was executed to provide material and laboratory testing services in the not-to-exceed amount of $9,032. Pursuant to approval of Amendment No. 6, the Construction Administration and Resident Project Representative services will be extended for the continued monitoring of the 353 Commission Memorandum -Atkins North America Amendment 6 for South Pointe Park Pier Project January 15, 2014 Page 2of2 construction phase and environmental permitting requirements for an additional period of three (3) months for a total not-to-exceed amount of $81,000. Atkins' revised contract amount will total $784,808. The additional services will be added to the Atkins Professional Services Agreement as requested by the City (see Exhibit A-6). The Administration has determined that additional services are warranted due to the extension of 91 calendar days to the Contract Time approved for the Construction Manager at Risk firm. The negotiated price submitted by Atkins has been reviewed by City staff and found to be fair and reasonable. CONCLUSION: The Administration recommends that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 6 to the professional services agreement with Atkins North America, Inc. for extended Construction Administration and Resident Project Representative services, for a period of up to three (3) months, for the South Pointe Park Pier Project; in the negotiated lump sum amount of $81 ,000; with funding from Fund 389, South Pointe Capital Fund. JLM\MT\DM ATTACHMENT-Atkins Amendment No.6 T:\AGENDA\2014\Jamlnry\Sou:l' Pointe Park Pier -Atkins Admcndment 6\South Pointe P.:Jrk P1er Atkins Amendment 6 , MEMO.doc.dc.>cx 354 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR A PERIOD OF UP TO THREE (3} MONTHS, FOR THE SOUTH POINTE PARK PIER PROJECT IN THE AMOUNT OF $81,000 WITH PREVIOUSLY APPROPRIATED FUNDING FROM FUND 389, SOUTH POINTE CAPITAL FUND. WHEREAS, pursuant to Request for Qualifications (RFQ) No. 04-10/11, the Mayor and City Commission adopted Resolution No. 2011-27628 on April13, 2011, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement {Agreement) with Atkins North America, Inc. for Professional Services for the South Pointe Park Pier Project; and WHEREAS, the Agreement provides for the design, bid, award and construction administration services for the South Pointe Pier Project in the not-to-exceed amount of $369,000; and WHEREAS, on February 9, 2012, Amendment No. 1 to the Agreement was executed approving additional services required pursuant to the USACOE permit RAI process related to a new coral recipient site in Government Cut, in the not-to-exceed amount of $12, 950; and WHEREAS, on July 1, 2012, Amendment No. 2 to the Agreement was executed approving additional bidding and award services required under a Construction Management at Risk method of procurement in the not-to-exceed amount of $11 ,974; and WHEREAS, Amendment No. 3 to the Agreement is pending approval for additional coordination in the FDEP -CCCL permit RAI process in the not-to-exceed amount of $15,120; and WHEREAS, on January 16, 2013, pursuant to Resolution 2013-28106, Amendment No. 4 to the Agreement was approved for an amount of $300,852 as supplemental Construction Administration services for an on-site representative to monitor the construction and environmental permitting requirements for a period of twelve (12} months; and WHEREAS, on June 28, 2013, Amendment No. 5 to the Agreement was executed approving material and laboratory testing services in the not-to-exceed amount of $9,032; and WHEREAS, this Amendment No. 6 to the Agreement will be executed to extend Construction Administration and Resident Project Representative (RPR) Services for the continued monitoring and inspections of the construction and environmental permitting requirements for an additional period of three (3) months in the not-to-exceed amount of $81,000; and 355 WHEREAS, the Administration has determined that extended services are warranted due to the approval of additional contract time for the CM during the construction phase; and WHEREAS, the total revised agreement including Amendment No. 6 is $784,808 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. 6 to the Professional Services Agreement with Atkins North America for extended Construction Administration and Resident Project Representative services, for the South Pointe Park Pier for a total amount of $81,000 with previously appropriated funding from Fund 389, South Pointe Capital Fund. PASSED AND ADOPTED THIS ___ DAY OF ____ 2014. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION v')-~lr Date T:IAGENDA\20141J<:mumy\South Poirte Pa;k Piec -Atki1s Acmemllll'liil eiScutrr P:Jrnt P:c.rk -Atki1s Amendrnen: 6 RESO.doc 356 AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ATKINS NORTH AMERICA, INC., DATED May 9, 2011 FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE (RPR) SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $81,000 This Amendment to the Agreement made and entered this _day of January 2014, to provide testing services during construction, 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 Atkins North America, Inc., a Florida Corporation having its principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Req uestfor Qualifications (RFQ) No. 04-10/11, the Mayor and City Commission adopted Resolution No. 2011-27628 on April 13, 2011, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc., (CONSULT ANT) for Professional Services for the South Pointe Pier Project (PROJECT); and WHEREAS, the Agreement provides for the design, bid, award and construction administration services for the South Pointe Pier Project in the not-to-exceed amount of $369,000; and WHEREAS, on February 9, 2012, Amendment No. 1 to the Agreement was executed approving additional services required pursuant to the USACOE permit RAI process related to a new coral recipient site in Government Cut, in the not-to-exceed amount of $12,950; and WHEREAS, on July 1, 2012, Amendment No. 2 to the Agreement was executed to provide additional bidding and award services required under a Construction Management at Risk method of procurement in the not-to-exceed amount of $11,974; and WHEREAS, Amendment No. 3 to the Agreement shall be executed to provide additional coordination in the FDEP-CCCL permit RAI process in the not-to-exceed amount of $15, 120; and WHEREAS, on January 16, 2013, Amendment No. 4 to the Agreement was approved by Commission to provide supplemental Construction Administration services in the not-to-exceed amount of $300,852; and WHEREAS, on June 28, 2013, Amendment No. 5 to the Agreement was executed to provide material and laboratory testing services in the not-to-exceed amount of $9,032; and WHEREAS, this Amendment No.6 to the Agreement shall be executed to provide extended Construction Administration and Resident Project Representative services in the not-to-exceed amount of $81,000 for a period of 3 (three) months (see EXHIBIT A-6); and WHEREAS, the total revised agreement including Amendment No. 6 is $784,808 NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, 357 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, correct and are incorporated as part of this Amendment No. 6. 2. MODIFICATIONS The Agreement is amended to include "Exhibit A-6", which is attached and incorporated herein. 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. 6. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH By_· ________________________ __ City Clerk Mayor ATTEST: CONSULTANT: ATKINS NORTH AMERICA, INC., TITLE: By=--------------------------TITLE: Print Name Print Name ATTACHMENT: EXHIBIT A-6 including Schedule A-Scope of Services, Schedule B-Consultant's Compensation and Schedule C-Hourly Billing Rates : I 358 ·' " L .. :·- APPROVED AS TO FORM & LANGUAGE & FOR E?;CEGUTION 1-1-\A- EXHIBIT A-6 SCHEDULE A TO THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. SCOPE OF SERVICES Extended Construction Administration Services for the South Pointe Park Pier Project: As extended services to the TASK 4-CONSTRUCTION ADMINISTRATION SERVICES, Atkins North America, Inc. (CONSULTANT) shall perform Construction Administration Services including on-site Special Inspector Services as described herein of an extended period of three (3) calendar months. The extended service period will enable the CONSULTANT to perform necessary Construction Administration and Special Inspector Services in concert with a Change Order issued to the South Pointe Park Pier Project Construction Manger (CM) for 91 excusable, non-compensable calendar days, the details of which are contained in the body of the referenced Change Order. The duration of the CONSULTANT Construction Administration and Special Inspector Services was initially established as twelve (12) consecutive months. Amendment No.6 to the Professional Services Agreement (PSA) will extend the CONSULTANT services an additional three (3) months for a total CONSULTANT service period of fifteen (15) consecutive months. Task 4: Extended Construction Administration Services The CONSULTANT will provide Construction Administration Services during the extended three (3) month service period. The services listed below are those services which require extension and these are described under the Professional Services Agreement, Schedule A -Scope of Services. Other tasks not listed herein are already completed or do not need to be extended since they have not been undertaken as yet. Task 4.2-Bi-Weekly Construction Progress Meetings Task 4.3 • Requests for Information/Contract Document Clarifications (RFI's and CDC's) Task 4.4 • Requests for Changes to Construction Cost and/or Schedule Task 5: Extended Additional Services (Resident Project Representative Services) The CONSULTANT will continue to provide the services of an on-site, full time construction representative acting as a Special Inspector, to provide oversight of the Construction Manager at Risk's (CONTRACTOR's) project progress and quality control programs as well as, to facilitate coordination between the design team, the CONTRACTOR, the CITY and applicable regulatory agencies. The CONSULTANT will continue to perform project documentation work off-site, in a construction field office provided by the CONTRACTOR, the CITY and/or at the home office of the CONSULTANT. Page 1 of6 359 The CONSULTANT will perform underwater SCUBA dive inspections of the completed pile installation work in compliance with the duties of a Special Inspector and as authorized by the CITY. A total of two (2) SCUBA dive inspections are herein programmed, to inspect and report on any remedial repair work (corrective action) to be undertaken by the CONTRACTOR. Task 5.7.1 General Coordination: The CONSULTANT will communicate periodically with the CITY and CITY's inspector 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. Task 5.7.2 Full-Time Field Representative and Construction Engineering Inspections: The CONSULTANT will conduct field inspections throughout the extended construction phase of the project. The extended field representative services are predicated on three (3) months extended project duration. The field representative 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. The CONSULTANT may perform project documentation work off-site. in a construction field office provided by the CONTRACTOR, the CITY or at the home office of the CONSULTANT. Task 5.7.3 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 management system on a weekly basis. CONSULTANT shall also review invoices submitted by the independent testing laboratories and recommend payment by the CITY. Task 5.7.4 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 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. Task 5.7.5 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. Page 2 of6 360 Task 5.7.6 Schedule: CONSULTANT will review 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 CONSULT ANT at the pre-construction meeting. This schedule will be reviewed and approved by the CONSULTANT and the CITY. This schedule will be updated on a 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. CONSULT ANT shall verify that the CONTRACTOR is uploading approved schedule and schedule updates to the CITY's E-Builder document management system. Task 5. 7. 7 Daily Reports: The CONSULT ANT will prepare daily reports, on the same date as construction occurs, to record the daily performance of the CONTRACTOR as well as other significant construction related matters. Daily Reports shall be uploaded to the CITY's E-Builder document management system by the CONSULT ANT. 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 information: • 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 • 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 • Photographic Record: CONSULT ANT 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. Task 5.7.8 Pay Requisitions: CONSULTANT shall verify Contractor's pay requisition and sign-off on all pay requisition quantities in the field. CONSULTANT shall be responsible for reviewing with the CONTRACTOR the monthly payment requisition to confirm the status of completed and uncompleted work and stored materials. The CONSULTANT shall advise the CITY of quantities being approved for subsequent concurrence for payment purposes. Payment requisitions shall be certified by the CONSULTANT. Task 5.7.9 Record Drawings: CONSULTANT will monitor that record drawing mark-ups are properly maintained by the Contractor. At a minimum, the CONSULTANT will review the record drawing mark- ups 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 Page 3 of6 361 CONSULT ANT will notify the CITY if it considers the mark-up documents insufficient. The CITY will make final determination of payment withholding. Task 5.7.10 Safety: CONSULTANTs will be expected to recognize a hazard that any reasonable non- safety professional might be expected to recognize. In addition, those safety obligations extend only to recognizable hazards that the CONSULTANT may note while in the normal conduct of onsite business. If a situation presents itself, the following procedures should be followed: • Immediately direct personnel to remove themselves from the apparent danger, • Notify the CONTRACTOR's superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly, • Notify the CONTRACTOR of the situation that arises concern, both in writing and verbally, • Issue a written Notice of Noncompliance stating that the CONTRACTOR should take immediate action as it deems necessary to correct the deficiency/condition, • Write a full report in the Daily Report on the condition found to be unsafe, all actions taken, and correspondence written, including times and names, • Take photographs of the concern, • If the CONTRACTOR does not make corrections, the CONSULTANT should notify the CITY, • The CONSULTANT will review the situation with the CITY for further direction, • The condition, as well as all conversations and correspondence, will be recorded in the CONSULTANT's Daily Report, • In case of a construction-related accident, CONSULTANT will notify the CITY of the accident. CONSUTANT will direct the CONTRACTOR to prepare an accident report with a copy forwarded to the CITY. Task 5.7.11 Quality Control: The CONSULTANT will review and monitor the Contractor's adherence to an acceptable quality control program submitted by the CONTRACTOR prior to the issuance of the second Notice-to-Proceed by the CITY. This program will describe the Contactor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction will be the responsibility of the Contractor; however, oversight and ensuring the CONTRACTOR complies with applicable jurisdictional construction standards will be enforced on the CITY's behalf by the CONSULTANT. Task 5.7.12 CONSTRUCTION MANAGER 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 CONSULT ANT to the CITY, a minimum of three (3) working days prior to when required. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. Page4of6 362 SCHEUDLE B CONSULTANT COMPENSATION Task Description Payment Method Extended Construction Administration Services Lump Sum* Extended on-site Special Inspector Services Hourly Not to Exceed** Reimbursable Expenses: Hourly & Materials Not to Exceed*** Grand Total Limiting Not to Exceed Fee Invoicing Procedures: Limiting Fee $9,000.00 $61,000.00 $11,000.00 $81,000.00 *The lump sum fee shall be invoiced in three (3) equal amounts of $3,000.00 for each month of extended construction administration services in accordance with schedule B of the Professional Service Agreement. ** The labor costs for the on-site special inspections and reporting services will be invoiced based on actual time expended by the CONSULTANT, times the applicable hourly billing rates per job classification as stipulated in Schedule C -Hourly Billing Rate Schedule. Certified time sheets shall be submitted with each invoice for payment purposes. *** The labor costs for the authorized underwater SCUBA dive inspections and reporting services will be invoiced based on actual time expended by the CONSULT ANT dive team, times the applicable hourly billing rates per job classification as stipulated in Schedule C - Hourly Billing Rate Schedule. Certified time sheets shall be submitted with each invoice for payment purposes. ***The equipment costs for the authorized underwater SCUBA dive inspections and reporting services will be invoiced as Reimbursable Expenses. Copies of invoices for equipment rentals (i.e.: dive boat, SCUBA gear, etc.) shall be submitted with each invoice for payment purposes. The Reimbursable Expenses must be approved in writing, in advance, by the CITY's Project Coordinator. Any unused portions will not be paid to the CONSULTANT. Page 5 of6 363 ATKINS SOUTH POINTE PARK PIER EXTENDED SPECIAL INSPECTOR SERVICES EXTENDED CONSTRUCTION ADMINISTRATION SERVICES MANHOUR AND BUDGET CALCULATION 2-Jan-14 Lobor Credli for Own.er/EnglntrJContnrtor Mmiap Labor -Hoarly Rale Uader Water-lupe<:tioD :Senkn Rtd.b•111blc E.xpcaiCI &productloa (rc:__.h, pbntnv-phl. de.) Sl:&TQT,\L SPECL\L ~SPECTOR AND DIVES EX'!' EDEll CONSTHUCf!ON A.DMINIS'fRATION CO:O.:SU.T,\NT A.\'D Crr\' AGRUS TO SJ.OOO .00 p~· R \IO"TH OF L,;:rzsm::IJ C\ SI:RVIC[.S suerorAL GA UFIVICE.S. GRAND TOTAL NOT to EXCEED AMOUNT tl " ... ... ... _,. •• " ... 1UTALS " ... ... ....... " ... .oo " ..... 163 S&G.611 -·· 1~.00 -Sl,9Wtl -·· _,. 100.00 " lllfl'JJQ .,..,., " IJ5.Jl0 " 110.00 "Jil/tOO " ... JJO 51.-WI) .. Sl,!iOO $2,760 ~1.138- ].000.00 .. .000 suoo S81,000 364 SCHEDULE C HOURLY BILLING RATE SCHEDULE Extended Construction Administration Services Classification Project Manager Construction Engineer (Inspector) Engineer El (Project Controls) Sr. Engineer Ill {Lead Structural Diver) Sr. Engineer II (Structural Diver) Construction Engineer (Safety Diver/Boat Tender) Note: Hourly Billing Rate $1 98.00 per hour $100.00 per hour $91.00 per hour $180.00 per hour $135.00 per hour $100.00 per hour Rates are per the Agreement between City of Miami Beach and Atkins North America, Inc for Professional Architecture and Engineering Services for the South Pointe Park Pier Project, Resolution No. 2011-27628. Page 6 of 6 365 COMMISSION ITEM SUMMARY Condensed Title: AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE BY AMENDING ARTICLE II THEREOF, BY AMENDING § 42-86 TO PROHIBIT THREE (3) OR MORE FALSE INTRUSION ALARMS; BY AMENDING § 42-89, WHICH SHALL BE ENTITLED "ENFORCEMENT," AND SETS FORTH THE ENFORCEMENT AUTHORITY AND THE ISSUANCE OF A NOTICE OF VIOLATION FOR§ 42-86; BY AMENDING§ 42-90, 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 § 42-91, WHICH SHALL BE ENTITLED "PENAL TIES," BY PROVIDING FOR PENAL TIES REGARDING A FALSE INTRUSION ALARM; BY DELETING§ 42-92 ENTITLED "PENALTY FOR VIOLATION OF DIVISION. Key Intended Outcome Supported: Increase Resident and Business ratings of Public Safety. Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and Public Policy Residential and Business Satisfaction Survey of City of Miami Beach residents in 2009, indicated that their three top most important areas of for the City of Miami Beach to address in an effort to improve public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and Increasing Visibility of Police in Neighborhoods 32.4%. Issue: Shall the Mayor and City Commission adopt the proposed amendments to the false intrusion alarm provisions of the City Code? Item Summary/Recommendation: The false alarm ordinance was discussed in the Finance and Citywide Projects Committee on April 25, 2013. Chief Martinez presented the department's analysis, and proposed amending the City of Miami Beach Code to mirror the false burglar alarm code in Miami-Dade County. The Committee members voted to amend the false intrusion alarm fine schedule to mirror Miami-Dade County burglar alarm provisions, with the exception of increasing the per year registration permit fee and maintaining it at $10. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 $17,000 011-8000-354-001 2 ® 3 4 OBPI Total Financial Impact Summary: Assistant City Manager MIAMI BEACH 367 Account Agenda Item ~R....;..s-:::;....:-A~ Date I-ts~ tq G MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members DATE: January 15, 2014 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 "PENAL TIES," BY PROVIDING FOR PENAL TIES REGARDING A FALSE INTRUSION ALARM; BY DELETING SECTION 42-92 ENTITLED "PENAL TV FOR VIOLATION OF DIVISION"; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. KEY INTENDED OUTCOME SUPPORTED • Increase Resident and Business ratings of Public Safety. • Ensure Compliance with code within a reasonable time frame. ANALYSIS The Miami Beach Police Department has experienced over 5,400 false alarm calls in Fiscal Year 2012/13. As the Code currently stands, the Miami Beach Police Department is responsible for the administrative process for false alarms, including notifying residents and businesses of each false alarm incident, notification to residents and business payment and collection and false alarm incidents which require the payment of a fine, and collecting the fines. 368 Due to limited staffing, the Miami Beach Police Department has been completing the false alarm processing via overtime assignments. This has caused backlogs in processing, as well as delays in collecting fees. Year over year, the Miami Beach Police Department has seen a decrease in the collection of false burglar alarm fees. The table below reflects fee collection from 2008 to 2012: YEAR REVENUE 2008 $13,610 2009 $13,060 2010 $10,950 2011 $7,050 2012 $2,800 Currently, fines and appeals for this section of the City Code are under the purview of the Miami Beach Police Chief. It is further recommended that these provisions would be included in Chapter 30 of the City Code to provide jurisdiction to the Special Master. As part of the due diligence process, the Miami Beach Police Department reviewed local false alarm provisions, as illustrated below: Ntlaml-. ·ortyof CUrrent·• . Dade· .. HI.IU11 Miami · County Beliatt.~ Registration -11111 violation $50 $50 $10 Registration -2-violation and all $100 $100 N/A subsequent 1111 false alarm $0 $0 $0 r false alarm $0 $0 $0 3 .... false alarm $0 $0 $0 481 false alarm $50 $100 $50 581 false alarm $100 $100 $100 6'" false alarm and all subsequent in $200 $200 $100 registration period Violation of alarm verification call, $100 $100 N/A cancelling false alarm subsections Cap (in a 24-hour period) $200 $200 $200 Miami Beach Police Department personnel also contacted several billing and collections agencies who serve other local law enforcement departments for false alarm billing and collections. FINANCE AND CITYWIDE PROJECTS COMMITTEE The false alarm ordinance was discussed in the Finance and Citywide Projects Committee on April 25, 2013. Chief Martinez presented the department's analysis, and proposed amending the City of Miami Beach Code to mirror the false burglar alarm code in Miami-Dade County. The Committee members voted to amend the false intrusion alarm fine schedule to mirror Miami-Dade County burglar alarm provisions, with the exception of increasing the 369 per year registration permit fee and maintaining it at $10. The table below illustrates the committee's recommendation: Finance Committee Approved - Miami Beach False Alarm Fine Schedule Registration -1"' violation $10 Registration -2110 violation and all subsequent $100 1'"' false alarm $0 200 false alarm $0 3111 false alarm $0 4tn false alarm $50 5'" false alarm $100 6m false alarm and all subsequent in registration period $200 Violation of alarm verification call, cancelling false alarm $100 subsections Cap (in a 24-hour period) $200 FISCAL IMPACT The purpose of the fines is to encourage compliance with the Code, and it is anticipated that revenue from these fines will decrease from year to year with the increase in compliance. The cost associated with responding to a false alarm calls involves personnel responding to the call; however, this cost is funded from the general fund as a standard Police Department function. The revenue projected from these fines in Fiscal Year 2013/14 total $17,000; however, it is difficult to predict revenue without an established ordinance and track record. CONCLUSION For the Miami Beach Police Department, burglar alarms are an additional tool in helping keep residents and businesses safe. Lack of enforcement relative to burglar alarm registration, as well as false alarms diverts public safety resources and impacts response time. The new fine schedule, appeals procedures and outsourcing of administrative processing for billing and collections will assist the department in facilitating consistency and compliance with these provisions of the City Code. 370 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 PENAL TIES REGARDING A FALSE INTRUSION ALARM; BY DELETING SECTION 42-92 ENTITLED "PENALTY FOR VIOLATION OF DIVISION"; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, throughout the City of Miami Beach (the "City"), exists numerous intruder alarm systems that are privately owned, operated and maintained; and WHEREAS, the continued false alarms from these intruder alarm systems cause substantial deviation of the City of Miami Beach Police Department resources by causing the dispatch of police officers to the scene of false intruder alarms; and WHEREAS, these false alarms are a continued threat to the safety of the residents of the City by removing police officers from patrol duties, and preventing police officers from responding to legitimate emergencies; and WHEREAS, the current penalty provisions fail to deter the continued malfunctioning of these false alarms, and unnecessarily diverts the patrol duties of the Miami Beach Police Department; and WHEREAS, the Administration and the Miami Beach Police Department recommends amending the penalty provision for violation of Article II, which are necessary to accomplish the above objectives; and WHEREAS, the City Commission accepts the recommendation of the Finance and Citywide Projects Commission Committee rendered on April 25, 2013, to amend Chapter 42, entitled "Emergency Services" by amending Article II, entitled "Alarm Systems." 371 NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article II, entitled, "Alarm Systems," of Chapter 42 of the Miami Beach City Code, entitled "Emergency Services," is hereby amended as follows: Sec. 42-86. False alarms. CHAPTER42 EMERGENCY SERVICES * * * ARTICLE II. ALARM SYSTEMS * * * Eash false intrusion alarm after the third in any dynamis 12 month period shall ee a violation of this division. No alarm user shall cause. allow or permit the intrusion alarm system to give four {4) or more false intrusion alarms in any registered period. * * * Sec. 42-89. Notification of false alarMs. Enforcement. It is the responsiBility of eash alarm user to monitor the ocsurrenses ef false alarms en its premises. The city shall notify the alarm user within 15 days of each false alarm ossurrence. a1:1ch notice shall be provided by posting a notice on the premises or by mailing notice to the alarm user. The Miami Beach Police Department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section. and all applicable laws. If an enforcing officer finds a violation of this section, the officer may issue a Notice of Violation to the violator. The Notice of Violation must inform the violator of the nature of the violation. amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation. and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. Sec. 42-90. Initial review Ypon notification. Rights of violators; pavment of fine; right to appear: failure to pay civil fine or to appeal. (a) Upon review ef any false alarm warning notise, false alarm netise ef assessment or alarm subscriber permit warning from the city, the alarm 1:1ser shall have 15 days from the date the notice was postmarked to req1:1est an initial review of the fasts. The alarm user will be required to submit the request for review in writing to the false alarm section. The request m1:1st incl1:1de the spesifis defenses, as defined as a false intrusion alarm in section 42 S1, why the activation occurred, and what actions have been taken to eliminate the cause. All s1:1ch req1:1ests shall ee mailed or hand delivered to the city police department false alarm section, 1100 Washington Avenue, Miami Beach, florida 33139. 2 372 (b) VVithin ten working days of receipt of the request for revie\\', the false alarm section 'Nill review the information provided by the alarm user and determine if the defense is one allowed by this division. If it is, the user will be sent a police re•1ie•.v letter indicating that the alarm meets the e*ception criteria under this division and that the alarm will be removes from the user's record as a false alarm incident. {c) If the defense provided is one not allo•A•eEI by this division, the alarm 1:1ser will be sent a police re•1ie•N letter indicating that the documentation provided does not contain reasons allowed under this Elivision and that the alarm will remain a false alarm as part of the alarm user's record. In this case, the police review letter will also proviEie the alarm user 'A'ith information on hovt anEI •.vhere to appeal. ill A violator who has been served with a Notice of Violation must elect to either: ~ Pay the civil fine in the manner indicated on the Notice of Violation; or .Q.. Request an administrative hearing before a special master to appeal the Notice of Violation. which must be requested within 10 davs of the issuance of the notice of violation. ill The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73 . .Qllf the named violator. after issuance of the Notice of Violation. fails to pay the civil fine. or fails to timely request an administrative hearing before a special master. the special master may be informed of such failure by report from the officer. Failure of the named violator to appeal the decision of the officer within the prescribed time period must constitute a waiver of the violator's right to an administrative hearing before the special master. and must be treated as an admission of the violation, which fines and penalties to be assessed accordingly. ffi A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator. which may be enforced in the same manner as a court judgment by the sheriffs of this state. including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien. @ Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. @l The Special Master shall be prohibited from hearing the merits of the Notice of Violation or the consideration of the timeliness of a request for an administrative hearing, if the violator has failed to request the administrative hearing within ten ( 1 0) days of the issuance of the Notice of Violation. ill The Special Master shall not have discretion to alter the penalties prescribed in sections 42-91 and 42-92. 3 373 Sec. 42-91. Appeal of false alarm designation. Penalties. (a) A hearing officer shall be ai')I')Ointed by the city manager to hear appeals from alarm users/alarm monitoring companies. In this section, "alarm user" and "alarm monitoring company" shall be used interchangeably and shall apply to both. (b) Upon receipt of a police re•u«ie'N letter indicating that the alarm will remain a false alarm as part of the alarm user's record, the alarm user shall have 15 days from the date the notice 'Nas 130stmarked to request a hearing, in •.vriting. All such requests shall be mailed or hand delivered to oity hall, 1700 Convention Center Drive, attention city clerk's office, Miami aeach, F'lorida 33139. The city clerk shall notify the police department of the request for hearing on tho next working day following receipt of the request. (o) All requests for hearings must be acoompanied by an apl')eal fee, as approved by a resolution of the city commission, in cash, money order, or oertified check for each alarm disputed. The appeal fee will be returned to the user if the hearing officer rules in his/her/its favor. (d) At the hearing, which shall take place within 15 days from the date the request was received, the alarm user shall have the right to present evidence and testimony. Within ten days of the hearing, the hearing officer shall make 'Nritten findings available to the alarm user and the chief of I')Oiice. @1 Civil fine for violators. The following civil fines must be imposed for a violation of Section 42-86. for those violations incurred for a false intrusion alarm: 1. For the fourth false burglar alarm in the user's registration period. by a fine of $50.00. £. For the fifth false burglar alarm in the user's registration period. by a fine of $100.00 . .1. For the sixth and each additional false burglar alarm in the user's registration period, by a fine of $200.00. 4. For each violation of section 42-87. the alarm monitoring company shall be fined $100.00. !.Q.l An alarm user shall not be fined more than two hundred dollars ($200.00) for false alarms that occur at the same premises in any twenty-four-hour period. !.£1 No penalty specified hereunder shall be imposed or assessed against any entity that qualifies as tax exempt under the provisions of Section 501 (c)(3) of the Internal Revenue Code provided that the premises is used exclusively by said entity for such tax exempt purposes. Ses. 42 92. Penalty for violation of eti•.·ision. (a) Each violation of this division shall be punished as follows: 4 374 (1) For a first violation, a fine of $50.00. (2) For e'lery s~::~eseq1::1ent 1tiolation, a fine of $100.00 will be assessed for each alarm. (13) Upon the seventh violation in a 12 month dynamis period, the polise ·nil! s1::1spend response to the losation for the remainder of the 12 month period. The 1::1ser 'Nill 13e notified by certified mail, ret1::1rn receipt req1::1ested, that 30 calendar days from the reseipt of the notification letter, the polioe department \Viii s1::1spend response to the 1::1ser's location. If an appeal is filed 13y the alarm 1::1ser or alarm oompany p1::1rs1::1ant to this s~::~esection, servioe shall not 13e s1::1spended until after the appeal is heard p1::1rs1::1ant to section 4 2 91. (o) An alarm user shall not be fined more than $200.00 for false alarms that occur at the same premises in any 24 hour period. (d) For eash violation of section 42 87, the alarm monitoring company shall be fined $100.00. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, provision or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the ___ day of---------' 2013. PASSED and ADOPTED this ___ day of---------· 2013. ATTEST: MAYOR RAFAEL E. GRANADO, CITY CLERK Underline denotes additions; Strikethrough denotes deletion~ / 5 \. 375 9L£ )(_ t Ia .,,, §j~ "'IR l:t r:: Jlfli~ Ia ·:: ,~-~~ llfi lsi ,,~ll IQffoli -~ fi s:~ I 1 ~I 11~ ;~~ ! I w~ i~ il i''· ;JI. ~ . ~~~~ if."1~s ;I! t,h! thlld! ;H~ ~ i ~f i~:a '-1 1-... ~ ! J~!f il!l !Iii! U f ~~~ Ji!l~ !i~ ~~ ~~ 1n ti )> ! ~~ !!!'!!! i"'" '"'"'i "! ,S;if Zo IJi~~ '~'Jij f&~II :;; ·a Ja..r O'ft.~~-~~~Pj"' !I !f J-e. ~~ il li; ~~ ti ~~ ~~~~~ ~ ! ·~~~~ ~~~ ,ff ~Uii ~s;l!l9m~ ~ ~a 51f -~ •· I u; i! ~~ II 11-IJJ §!ii ~~u ~li IJI •fJ§I ~~~~~ . ~~ iii !U ti !! 11f iiJ llf Jlli [ii rl~ li!~i dJt i ! ~ :r 03 i ~~~ ~~ ~~ ~ J'i~~ Jr ~ ~i ~~~ i i t~i~J f~t.i ~ ~ ~ ~~91· ~i tPI 11 i~~,~~ ~~~ un m ifl ;IUJ h,i~~ i 1 91 ~ c; •i ~s !i ~~ i2; il! I •IQ fill ~~! I ~~ ~l· i ~ a tii il I·'< I~ lw ig:j '---~llliLlli__llliLJ!UUlli_Jilllill_ i~ :~ I ,m llt~li 1f ~~ 1 iilll m 1111 M I! ~~~~~ IJiill 1 1 t !I ~i j~~~ li ~ 1 ~~il'i m til; ~~~ 'I h1! udi r ~, i I ~r:li -: .sj I i ~~~i ~~~ jill a~J ~~ ii~~ i .fiJ I J ~IIi IJ 1. ~ i fg~ l ffi .tril ;1. il Jl~l 11!1. ! 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, which 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 City's Vendor. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: City Clerk's_.OffiGe IAQ,islative Tracking: Michael Gruefl, Prar(ni'flg and Research Manager Assistant City Manager MIAMI BEACH 377 Account City Manager Agenda Item R S' B Date 1-,.S-fq G MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members theCityC~ FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 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, 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 PENAL TIES AND COSTS TO BE IMPOSED BY THE LOCAL HEARING OFFICER; PROVIDING FOR CODIFICATION; SEVERABILITY; REPEALER; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. 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 378 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 will 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 17th 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 379 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. JLM/i:A.~'¢ 380 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 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. WHEREAS, Section 316.008 of the Florida Statutes grants municipalities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, the authority to regulate and monitor traffic by means of police officers and security devices; and WHEREAS, the Mayor and City Commission passed and adopted Ordinance No. 2008- 3621, which created the dangerous intersection safety provisions in the City Code for the camera enforcement of red light violations; and WHEREAS, the Florida Legislature enacted the Mark Wandall Traffic Safety Act ("Act") and the Mark Wandall Traffic Safety Program ("Program") in Chapter 316 of the Florida Statutes, which set forth requirements for local governments to continue their use of cameras for the enforcement of red light violations pursuant to Sections 316.074(1) and 316.075(1 )(c)1 of the Florida Statutes; and WHEREAS, the Florida Legislative mandated an administrative appeal process be implemented by the City for its red light violations, which mandate the utilization of a local hearing officer to conduct hearings; and WHEREAS, the City Commission accepts the recommendation of the Finance and Citywide Projects Commission Committee rendered on September 19, 2013, to amend Chapter 106, entitled "Traffic and Vehicles" by amending Article XI, entitled "Adoption of the Mark Wandall Traffic Safety Act and Program." 381 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 Xl, entitled "Adoption of the Mark Wandall Traffic Safety Act and Program," of Chapter 106, entitled "Traffic and Vehicles," of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 106 TRAFFIC AND VEHICLES * * * Article XI. Adoption of the Mark Wandall Traffic Safety Act and Program. * * * Sec. 106-480. Adoption of State Act and Program. The Mark Wandall Traffic Safety Act, and the Mark Wandall Traffic Safety Program, as set forth in F.S. § 316.0083, and as authorized pursuant to F.S. § 316.008t71(8)(a) and (b), are adopted by the City. Sec. 106-481. Local Hearing Officer. The City of Miami Beach authorizes a Local Hearing Officer to conduct hearings related to a Notice of Violation issued pursuant to Section 316.0083 of the Florida Statutes: .(ID The Local Hearing Officer shall be selected by the City Manager and the City Attorney. and shall conduct hearings relative to a Notice of Violation issued pursuant to Section 316.0083 of the Florida Statutes and shall serve until replaced by another Local Hearing Officer, or upon the termination of the Mark Wand all Traffic Safety Act and Program in the City . .!.Ql The City of Miami Beach Clerk's Office shall serve as the clerical staff, as designated by the City of Miami Beach Clerk, to the Local Hearing Officer. ill The Local Hearing Officer shall be prohibited from hearing the merits of the Notice of Violation or the consideration of the timeliness of a request for a hearing. if the person who receives the Notice of Violation has failed to request a hearing within 60 davs following the notification of violation. @ The Local Hearing Officer must issue a final administrative order that determines whether a violation pursuant to Section 316.0083 has occurred, and if the Notice of Violation is upheld. the petitioner must pay the penalty of $158.00. and the Local Hearing Officer must impose costs in the amount of $100.00. ill Any party aggrieved by decision of a Local Hearing Officer mav appeal that decision to a court of competent jurisdiction. 2 382 fru The Local Hearing Officer shall not be authorized to alter. suspend or waive the penalties and costs proscribed in subsection (d). Sec. 1 06-482 - 1 06.494. Reserved. 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 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 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. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 thrmo~gh denotes deletions MAYOR 3 383 384 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment modifying the regulations for Temporary Business si ns on Cit ri ht-of-way. 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 Temporary Business signs on City right-of- way. The City Commission approved the subject Ordinance at First Reading on December 11, 2013. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) adopting the ordinance. Advisory Board Recommendation: On July 22, 2013, the Land Use and Development Committee referred the subject Ordinance to the City Commission by a vote of 2-0. 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 81 n-Offs: Department Director T:\AGENDA\2014\January\Temporary Business Signs Public Property MIAMI BEACH 385 AGENDA ITEM ____;R:.....;_5=C....-.,....,...- DATE 1-f~Jl[ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www. miam1beachfl.gov TO: FROM: COMMISSION MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manager .f the C~ssion DATE: January 15, 2014 SECOND READING SUBJECT: Temporary Business Signs on P 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 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 6, "PROHIBITED SIGNS OVER PUBLIC PROPERTY," SECTION 82-411, "PROHIBITED SIGNS GENERALLY; EXEMPTIONS; BANNERS; REMOVAL," TO PERMIT THE PLACEMENT OF TEMPORARY BUSINESS SIGNS ON CITY RIGHTS-OF- WAY DURING PUBLIC CONSTRUCTION PROJECTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) adopting the ordinance. BACKGROUND On March 13, 2013 the City Commission referred a discussion regarding an amendment to the City Code to regulate temporary business signs on public property to the Land Use and Development Committee. On July 22, 2013, the Land Use Committee referred the proposed Ordinance to the City Commission with a favorable recommendation. The subject Ordinance was approved at First Reading on December 11, 2013. ANALYSIS During construction of right of way projects, access and or visibility to commercial establishments is often impeded. The State of Florida, Department of Transportation (FOOT) has in place a process and regulations that allow the placement of temporary business signs on the FOOT right of way for purposes of mitigating the disruption caused by construction when such construction affects visibility and or access. The Miami Beach City Code does not have a similar regulation for local streets. The proposed Ordinance Amendment creates regulations and standards for the placement of 'Temporary Business Signs' within City right-of-way to mitigate the impacts of public construction on visibility of, or access to businesses. These temporary signs are intended to guide motorists to business entrances and valet ramps that have been moved/modified or disturbed during public construction projects. These signs would be 386 Commission Memorandum Temporary Business Signs on Public Property January 15, 2014 Page 2 of 2 located in the ROW, only directly in front of the business affected, show the specific business names, and only allow one sign for each business or valet ramp affected. The temporary business signs shall be required to be removed concurrent with the termination of the public construction. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. JLM/JMJ/RGL!TRM T:\AGENDA\2014\January\Temporary Business Signs Public Property-MEM 2nd Read.docx 387 TEMPORARY BUSINESS SIGNS ON PUBLIC PROPERTY 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 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 6, "PROHIBITED SIGNS OVER PUBLIC PROPERTY," SECTION 82-411, "PROHIBITED SIGNS GENERALLY; EXEMPTIONS; BANNERS; REMOVAL," TO PERMIT THE PLACEMENT OF TEMPORARY BUSINESS SIGNS ON CITY RIGHTS-OF-WAY DURING PUBLIC CONSTRUCTION PROJECTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach places a high value on the viability of its commercial districts; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for temporary business signs on City rights-of-way during public construction projects; and WHEREAS, the current regulations do not permit temporary business signs on City rights-of-way; 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 82, "Public Property," Article IV, "Uses in Public Rights-of-Way," Division 6, "Prohibited Signs Over Public Property," Section 82-411, "Prohibited Signs Generally; Exemptions; Banners; Removal," is hereby amended as follows: Sec. 82-411. Prohibited signs generally; exemptions; banners; removal. (a) Except as provided in this chapter or by city ordinance, by statutes or by county ordinance, no sign of any character shall be suspended across any public street, alley or waterway; nor shall any sign of any description be posted or painted on or applied to any curb, sidewalk, tree, light standard, utility pole, hydrant, bridge, wall, or any structure, other than an awning, which is within the property lines of any street, alley or waterway within the city. The following signs shall be exempt from this requirement: (1) Official traffic signs, information signs and warning signs erected by a governmental agency and temporary signs indicating danger. (2) Temporary special public event directional signs approved pursuant to article IV of this chapter. (3) Historical markers approved by the historic preservation board. (4) Light pole banners as provided for in subsection 82-411(d). (5) Flags and flagpoles as provided in subsection 138-72(b). (6) Temporary Business Signs-Business signs identifying a particular establishment may be permitted in City rights-of-way during a public construction project. as follows: (a) Temporary business signs shall only be permitted adjacent to a licensed establishment within a commercial, industrial or multifamily zoning district. 388 (b) A maximum of one (1) sign per licensed establishment shall be permitted. (c) The overall sign area shall not exceed 15 square feet. (d) The base color of the signs shall consist of blue or green and the text portion of the sign shall be white. Only text shall be permitted on the sign; graphics or logos of any kind shall be prohibited. (e) The manner in which the subject signs are affixed to the right-of-way shall be subject to the review and approval of the Public Works DirectoL or designee. <0 All signage shall be removed upon the completion of the construction project. (b) No portion of any sign which extends over a public sidewalk or alley shall be less than nine feet above such sidewalk or 15 feet above such alley, measured vertically directly beneath the sign to grade. (c) Except as expressly permitted in this Chapter. Nne sign shall extend or project over any portion of any street, alley, waterway or any other public way or any public property except for marquee and projecting signs which shall only be permitted to extend over the right-of-way. (d) Light pole banners. Banners affixed to light poles or other similar structures on the public right-of-way shall be subject to the following regulations: ( 1} The right to install, as well as the number, location and method of installation of banners shall be subject to the design review process and approved by the city manager, or his/her designee for special events taking place in the city, and by the city commission for special events held outside of the city. a. In considering whether to approve light pole banners for events held outside of the city, the city commission may, among other factors, consider whether the municipality or other governmental entity hosting that special event would reciprocate such action within its own jurisdiction for special events taking place in the city. (2) Banners shall not exceed three feet in width by seven feet in length. Banners may be double-sided. The color, design and material of all banners shall be approved under the design review process. (3) Banners directing the public's attention to a public institution or special district may be erected for an indefinite period, subject to being maintained in good condition and periodic review for appropriateness under the design review process. {4) Any text shall be limited to a maximum of 25 percent of the total area of the banner, unless the text constitutes the overall image of the banner. {5) Banners announcing special events either to be held in city or to be associated in some manner with the city, as determined by the city commission, may be erected up to 30 days prior to the event being announced and must be removed within seven days after such event. Special event banners shall require prior approval by the city commission. a. Text for special event banners shall be limited to the name of the event, the name of the sponsor and the date of the event. b. Any single corporate symbol or logo associated with the sponsorship of any special event shall be limited to five percent or one square foot of the total area of the banner, whichever is smaller; two or more symbols or logos associated with sponsorship shall be limited to ten percent, or two square feet of the total area of the banner, whichever is smaller. {6) A performance bond shall be required to ensure the removal of the banners in case of advanced deterioration of the banners, or if a dangerous condition presents itself, the city may at its sole discretion direct banners to be removed at any time. (7) The city shall require the sponsoring organization to provide a certificate of insurance that covers the sponsor's property as well as the property of city. This certificate of insurance shall be approved by the city's office of risk management. (e) When a sign is found to be located on public property and without a building permit, the city shall have the right to remove such sign. The owner may recover the sign by paying the removal ~ 389 costs within 60 days of the removal. If the sign is not recovered by the owner within 60 days then it shall be considered abandoned property in the hands of the city and shall be disposed of as permitted by law. The city shall recover all costs in conjunction with such removal of signs from the owner or the owner's property. Such recovery may be by way of personal action against the owner or an in rem lien against any property of the owner located within the city. (f) Signs attached to or placed on a vehicle (including trailers) that is parked on public or private property shall be prohibited. This prohibition, however, shall not apply to signs that are authorized by section 138-4.:. 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-------' 2014. ATTEST: CITY CLERK First Reading: December 11, 2013 Second Reading: January 15, 2014 Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 01/02/2014 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION J?.Jf~;(- ycity Attorney /11- T:\AGENDA\2014\January\Temporary Business Signs Public Property-ORD 2nd Read.docx ~ 390 _uili4-- Date ~6£ ' I X < ~ ' -~tit 1t~ ~~~IIi~~~~ J1ltl'f··· 111·' lillf 111r ~~~ ~~~~~ t!t1~~~ if If~~ K; ~r ~~~ ~-~ 1~ .~ I J!lt lr!~ !li~l lrff !!t 1111~ !~! i~ ~! ~~ 8 ~i Iii iii IE ii i~ li~II iiiJ lifil ~~~ ~~~ ill~~ ;!~i!~ ~ fl ~~ U ~~~ IIi ii ii !! ill~ I II~ l~i~i IIi Iii iii!l i!i!! I f It ~ 9 ~~ iii iii li !I ii IIIII !;t ~Iii I ~I! Ill !I! if ii!!i I l ! ~ ~ ~~~91 · n u u u i!ti! 111 ~~~~ m ~u nm ni1~~ i 1 91 r= s • IJ .. !l I i ~ ~ 1 ~ i! I Q lr ~I l fl r ~ i :~ · ~ ~ s;~ ......... ;e ............... :6 ~i-:::>-I~ >i~ -~~ :;s: CD!~ ., h ~ n i luh ~;~ dJ ib f~ ;hn 1Mi i J. I Iii !:!:: z rtl I ;: f ., ti ~ i iJ~H iji HJ: 'II 111 iUi ~11ji I! i ; ll !t ~~ iJ i.i I i hl•i ~tl li-1t ht tl ~Iii ~~~~;~ 11 I l~ I ~If li J"" !I I IIIIi IIi li I &Oil !Jie ~~ I i }li 1 ~ :~ ~~ li 11 1. I ; ~i~ t p Iii! ;J. if Jrl~ il!il. t , il '-------------------'m THIS PAGE INTENTIONALLY LEFT BLANK 392 T -··-··-·-·----- COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment modifying the setback requirements for certain types of encroachments including carports, mechanical equipment and swimming pools. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: SECOND READING 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 Committee for further discussion, prior to Second Reading. On October 23, 2013, the Land Use Committee referred the Ordinance back to the Full Commission with a favorable recommendation. The item was placed on the December 11, 2013 Commission agenda, and continued to a date certain of January 15, 2014. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: On April 3, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 6-1. Financial Information: Source of Amount Account Funds: 1 [_J 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: 11 Department Director /'tsJis~nt City Manager Ci~ ~Manager 1/iW'M~ ("'" ~---· ......... "-----} :IAGENDA\2014\January\Accessory Setb:~ro~2s-SUM~ Read.docx \ \ \ MIAMI BEACH 393 AGENDA ITEM -.L...Rll....:s-=-=D;__ DATE )-f S'-/({ MIAMI BEACH City of Miami Bec:~ch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov TO: FROM: COMMISSION MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manager the City fc:: DATE: January 15, 2014 SECOND READING SUBJECT: Accessory Setback Encroachmen 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, "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS," TO MODIFY THE SETBACKS FOR ALLOWABLE ENCROACHMENTS INCLUDING DRIVEWAYS, CARPORTS AND MECHANICAL EQUIPMENT; AND BY AMENDING SECTION 142-1133, "SWIMMING POOLS," 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; 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 Staff proposed three (3) separate Ordinances to the Land Use Committee; these Ordinances pertained to • RM-3 Accessory Use Signage 394 Commission Memorandum Accessory Setback Encroachments January 15, 2014 • Accessory Setback Encroachments Page 2of 3 • Minimum Units Sizes for Historic Hotels and RM-2 Setback Requirements Each of these proposed Ordinances was referred to the Planning Board by the Land Use Committee on January 23, 2013 and by the City Commission on February 6, 2013. ANALYSIS The Board of Adjustment has reviewed many variances for single family homes located on corner lots, as the narrow side of the lot is considered the front for zoning purposes. However, many corner homes face the longer side of the lot, considered for zoning purposes as the side yard facing the street. The setbacks are larger for front yards than they are for side yards facing the street. This causes problems for those corner homes oriented towards the longer side of the lot, especially when the homeowner is seeking to install a pool. A modification of setback requirements for swimming pools has been proposed that clarifies and eases the minimum yard requirements for pools and related equipment on corner lots and through lots (2 fronts), located within single family districts. The proposed ordinance also addresses setback encroachments for the perimeter portions of infinity edge pools, which are becoming more common in single family homes. The attached illustration provides a visual comparison of the existing and proposed requirements. 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. The attached illustration provides a visual comparison of the existing and proposed requirements. Finally, staff has revised the encroachment requirements pertaining to driveways and carports, which are currently allowable encroachments within a front yard. In this regard, there are some instances, particularly on corner properties, where the main entrance to the home faces a side street, and not the front yard. In these particular instances, it is not possible for a home owner to have a carport where the car is typically parked, without a variance. The proposed Ordinance would extend the allowable projection for carports and driveways to a side street yard, if the main entrance of the home is located on the side street. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on April 3, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 6 to 1. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic 395 Commission Memorandum Accessory Setback Encroachments January 15, 2014 Page 3 of 3 impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. UPDATE/SUMMARY: On May 8, 2013, the City Commission approved the subject Ordinance at First Reading and referred the matter back to the Land Use and Development Committee for further discussion, prior to Second Reading. Specifically, the City Commission requested that additional language regarding neighbor notification for the relaxation of mechanical equipment setbacks be included in the ordinance. Staff revised this section of the Ordinance to include this revision. The Land Use Committee reviewed the proposed changes on October 23, 2013 and referred the matter back to the Full Commission with a favorable recommendation. The subject Ordinance was placed on the December 11, 2013 City Commission agenda and continued to a date certain of January 15, 2014. Since the review of the Ordinance by the Land Use Committee, the Administration has clarified that the proposed allowable encroachments for mechanical equipment also include an allowance for any required screening apparatus. The Administration has also continued to evaluate the feasibility and practicality of the proposed neighbor notification language for mechanical equipment. In this regard, the notification of an adjacent neighbor is not required under the current code, and the actual setback distance is not being modified; the only change proposed herein is a modest increase in the allowable height of the projection, in order to address FEMA regulations. As a public hearing would not be required for the proposed encroachment, it would be difficult to verify whether the adjacent property owner has been made aware of the proposed change. Moreover, if the neighbor should object, for whatever reason, it would be even more difficult to arrange an appropriate avenue for redress. Accordingly, the Administration would recommend that a requirement for neighbor notification not be included in the proposed Ordinance. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. JLM/JGG/RGL/TRM T:\AGENDA\20141January1Accessory Setback Encroachments-MEM 2nd Read.docx 396 INTERIOR SIDE YARD ----·-·---~-~ -~~-~l 1-j z. o· o:::l LL. I I L_ 0 t--_1_0~0" Side Yare!_ ~ool & Deck Set~<!Ck -~-+ ... SIDE FACING A STREET EXISTING REQUIREMENTS -u -ti ~ c-a ii tl C/) tn -u -ti INTERIOR SIDE YARD ~~~ ell ell ... 7'-6" Si_~~-Yard_ Deck Setback--::------... 8ig 'OJ a. I o · ~~ ;:o-9;-0" Side Yard Pool setback~-~ -oiN ·o iv'o "Eo l ~I ~o:i ~;~ [--, ·--·-···--- o· '-11/l e1c-a o:::l u.,Q) U.;<ll bl E -I Ill LL. _, I 0 5'1 ~ I ~IE. ?;:~E. 1~0[,,_,.! -l rj_ -~~ . . -'~ ~0 ·----···. I \ "<::> / • r 1 0'0" Side Yard Pool & Deck Setback :.< , ~T -- 0 ........ I SIDE FACING A STREET PROPOSED REQUIREMENTS !o:: ·<( lw :0:: I I ..l - -I -IS"U . . -· <II CD I . -~ ~-le' -o"l tn tn '-¥ f' -~ 'I 0 0 '1' r" 0 Ill ' ,, a. 0 ..Ill~· . "0 u 11 '-L 'I --~<II 'I Ia::: <( IW .0:: I I J Existing and Proposed setback requirements for pools and pool decks for corner single family home properties 397 ! I I _ ....... __ ~·-·- I Mechanical Equi~~nt '· ' --~ EXISTING REQUIREMENTS PROPOSED REQUIREMENTS tvrax elevation of st·de ·--Y~rd 5' Req. setback : ~evation of sideyaro "G'<!cte Existing and Proposed setback requirements for the placement of mechanical equipment within a required sideyard with a minimum setback of s·-o". With both the existing and proposed amendments, if the mechanical equipment does not comply with the requirements, the mechanical equipment must comply with the setback requirements of the main home. 398 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, "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS," TO MODIFY THE SETBACKS FOR ALLOWABLE ENCROACHMENTS INCLUDING DRIVEWAYS, CARPORTS AND MECHANICAL EQUIPMENT; AND BY AMENDING SECTION 142-1133, "SWIMMING POOLS," 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; 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 offour 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 llne. 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 . 399 length and ten feet in height and shall not be screened or enclosed in any manner. An unobstructed view between the grade and the lower ceiling edge of the carport of at least seven feet shall be maintained. Only one carport shall be erected within a required yard. Carports constructed prior to the adoption of this section shall be considered as legal nonconforming structures. Such nonconforming canopies may be repaired or replaced; however, the degree of their nonconformity shall not be increased thereby. (f)Central air conditioners and other mechanical equipment. Accessory central air conditioners ana any other mechanical equipment may occl:lpy a required side or rear yara, in single family townhome, or in the RM 1 residential multifamily lo•.v intensity districts, provided that: ( 1 )They are not closer than fi>Je feet to a rear or interior side lot line or ten feet to a side yard facing a street. (2)The maximl:lm height of the l'JC units does not exceea fi·.·e feet above the elevation, as aefined in subsection 142 1 Q5(a)2.j., of the lot at ... ,.hich they are located. (3)Any requires souna buffering equipment is locates outsiae the minimum five foot yard area specified in Sl:lbsection (f)(1) of this seetion. (4)1f the central air conditioning and other mechanical equipment do not conform to subsections (1 ), (2), ana (3) above, then Sl:lGh equipment shall folio¥.' the setbaeks of the main structure. {f)Central air conditioners, emergency generators and other mechanical equipment. Accessory central air conditioners, generators and any other mechanical equipment, including attached screening elements, may occupy a required side or rear yard, 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 including attached screening elements. shall not exceed five feet above current flood elevation, with a maximum height not to exceed ten feet above grade, as defined in subsection 114-1, 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 (0(1) of this section. (5) If 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 - 400 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 I i ne 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 - 401 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-------' 2014. MAYOR . 402 ATTEST: CITY CLERK First Reading: May 8, 2013 Second Reading: January 15, 2014 Verified by: ~----------:-:---=---------= Richard G. 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I i ~--------------------------~------~~ T COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider a comprehensive Ordinance Amendment, modifying the single family development regulations to address the issue of 'oversized' homes. Additionally, clean-up changes to clarify the original legislative intent of the Ordinance have also been incorporated. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. 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 The proposed Ordinance would limit lot aggregation for single family lots, reduce lot coverage from the current maximum of 35% to 30%, reduce the maximum unit size from 70% to between 40% to 50% of the lot size, change the basis for measuring a home's height from 'grade' to the minimum required flood elevation, change the basis for heights from the width of the lot to the RS zoning district of the property, place limitations on the size of roof decks and allowable encroachments, as well as clean up amendments including the elimination of the Single Family Residential Review Panel (SFFRP) process, whose review has been taken over by the ORB or HPB. The Administration recommends that the City Commission approve the Ordinance on First Reading, including the amendments suggested by the Administration, and set a Second Reading Public Hearin for Februar , 2014. On September 23, 2013, the Land Use and Development Committee reviewed the Ordinance; however no action was taken. On September 24, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 7-0. Financial Information: Source of Amount Account Funds: 1 c 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: I Department Director ~i~tant 9-i\Y Manager City Ma~ager ~U~~ _p7 J~ ,\AGENDA\2014Uoo"my\<Noc';'"" SiogleV, L -~'' re"'f \ l MIAMI BEACH AGENDA ITEM _..__R ..... ~ ___ -_E-;-:-;- DATE 1-\ 5""-ft{ 405 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov MISSION MEMORANDUM TO: Mayor Philip Levine and Members DATE: January 15, 2014 FIRST READING SUBJECT: Oversized Single Family Homes AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING THE CRITERIA AND PROCEDURES FOR THE REVIEW AND APPROVAL OF SINGLE-FAMILY RESIDENTIAL CONSTRUCTION, BY REPLACING THE SINGLE-FAMILY RESIDENTIAL REVIEW PANEL, BY CLARIFYING AND AMENDING THE STANDARDS AND PROCURES FOR REVIEWING NEW CONSTRUCTION AND ADDITIONS IN SINGLE FAMILY DISTRICTS, INCLUDING MODIFICATIONS TO LOT COVERAGE, UNIT SIZE AND OVERALL HEIGHT, BY CLARIFYING THE BELOW FLOOD LEVEL CONSTRUCTION REQUIREMENTS FOR AFFECTED PROPERTIES IN HIGH FLOOD ZONES, AND BY CLARIFYING SETBACK AND LOT COVERAGE REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading, including the amendments suggested by the Administration, and set a Second Reading Public Hearing for February, 2014. BACKGROUND On April 3, 2013 the Planning Board directed staff to draft a comprehensive Ordinance Amendment, modifying the single family development regulations to address the issue of 'oversized' homes. Additionally, clean-up changes to clarify the original legislative intent of the Ordinance were also suggested. On June 25, 2013 the initial draft of the proposed Ordinance amendment was reviewed by the Planning Board. The Board continued the item and directed staff to hold workshops on the Ordinance within 120 days. The Planning Department arranged focus group meetings with various stakeholder groups; a summary of these meetings is attached. It is important to note that the comments provided refer both to this proposed Ordinance amendment as well as for the companion Ordinance amendment entitled 'Architecturally Significant Single Family Home Retention Incentives'. 406 Commission Memorandum Ordinance -Oversized Single Family Homes January 15, 2014 Page 2 of 8 While various and often opposing viewpoints were expressed at these meetings, there was a strong consensus for limiting the unit size of homes to 50% of the lot size, and for greatly reducing the visual impact of roof decks and associated height exceptions, which have been reflected in the proposed Ordinance. In 2006, after lengthy discussion and analysis, the City Commission adopted comprehensive revisions to the single family home development regulations in the City Code (Sections 142-105 I 106 of the City Code). These revisions established the current development review standards pertaining to lot coverage, unit size (FAR), building height, minimum setbacks and minimum pervious area requirements. Additionally, stricter standards for the distribution of building mass and allowable additions were included. While these revisions did reduce allowable building height and lot coverage, as well as establish limits on overall unit size, due to a number of different factors, including increased minimum flood elevation requirements, there have been examples of homes constructed after 2006 that are still somewhat out of scale within their established, built context. On a separate track, the Planning Board has recommended in favor of an Ordinance amendment which is also pending before the City Commission that would incentivize the retention of architecturally significant homes built before 1942 {and potentially architecturally significant homes built prior to 1966). The incentives associated with this Ordinance would go a long way in addressing the context issues associated with oversized homes in the established single family neighborhoods of Miami Beach. The subject Ordinance was scheduled to be considered by the City Commission on December 11, 2013, but was opened and continued to a date certain of January 15, 2014. ANALYSIS The revisions to Section 142-105 I 106 of the code, as recommended by the Planning Board, will help ensure that additions and new construction in single family districts are compatible with the as built context of the City's neighborhoods. Additionally, a number of 'clean-up' amendments have also been included, which address changes in the approval process, as well as the structure of the Ordinance. Attached is a bullet point summary and comparison of the existing and proposed Ordinances. The following is a summary of the proposed additions and modifications in the Ordinance: • Review Process: The Single Family Residential Review Panel (SFRRP) has been removed from the Code, and the role of the Design Review Board {ORB) and Historic Preservation Board (HPB) have been clarified. The SFRRP was intended to function as a min-version of the ORB. However, due to problems with maintaining quorum, after about a year, virtually all of the single family projects that required SFRRP review ended up going to the DRB. Since the SFRRP has not been able to maintain a quorum, the Code has been modified to better reflect the current process. • Review Criteria: The ORB and/or staff would be required to consider the established building context within the immediate neighborhood. • Lot Aggregation: Currently there are no limits on the aggregation of single family lots in the City. The aggregation of multiple lots has the strong potential to create homes that are much larger and out of scale in terms of massing, scale, and height, in relationship to the existing as built context of a neighborhood. The proposed ordinance amendment would limit the aggregation of lots to no more than two {2) contiguous lots, with an exception for expanded 407 Commission Memorandum Ordinance -Oversized Single Family Homes January 15, 2014 Page 3 of 8 yards, accessory pools, tennis courts, and similar outdoor activities to no more than three (3) contiguous lots. • Lot Coverage: With the exception of new construction on lots with an existing pre-1942 architecturally significant home, the Code currently allows up to 30% lot coverage for new construction and additions to homes constructed after 1942, regardless of lot size, and the DRB/HPB can waive this requirement with a 4/?ths vote and approve up to 35% lot coverage. The ability of the DRB/HPB to forgo the lot coverage restrictions and approve more than 30% has been eliminated. The calculation of lot coverage has also been revised to include within the lot coverage calculations internal courtyards which are open to the sky, but which are primarily enclosed on four sides. Such areas are not included in the lot coverage calculations currently, but do add to the overall apparent mass and bulk of a home as viewed from the surrounding neighborhood. For single story structures, which may not exceed 50% of the lot area, an allowance for a small portion of the home (up to 5% of the lot area), to extend up to two stories in height, has been included. • Unit Size: The maximum base unit size of 50% was retained for the smaller lots zoned RS-3 and RS-4; however the maximum unit size for larger lots zoned RS-1 and RS-2 was reduced to 40%. The ability of the DRB/HPB to forgo the unit size restrictions above 50% has been removed, but retained for the larger lots to request up to 50% with the review of the DRB or HPB. In order to help break up the mass of 2-story homes, a new requirement that the area of the second floor shall not exceed 70% of the area of the first floor, has been included. For a lot of 10,000 square feet, this would allow a first floor of 3000 SF (lot coverage of 30% ), and a second floor of 2000 SF, for a total unit size of 50%. Additionally, in order to address the added bulk and mass of homes constructed in portions of the City where the minimum flood elevation greatly exceeds grade, and where it is possible to construct a non-habitable floor level below minimum flood elevation, the code has been revised to include 50% of any non-air-conditioned floor space proposed to be located below minimum flood elevation, with the exception of up to 600 square feet of segregated parking garage area. This modification is intended to give architects more flexibility in terms of design new single family homes on lots with exceeding high flood level requirements. In some instances the proposed new home will look like a 3 story structure. However, when compared to the excessive berming required to surround up to nine (9') feet (or more) of fill, in order to meet flood standards, the aesthetic impact of a 3 story structure is less hostile within an established neighborhood, composed primarily of lower scale, grounded architecture. 408 Commission Memorandum Ordinance -Oversized Single Family Homes January 15, 2014 Page 4 of 8 The Diagram below shows massing studies of unit size and lot coverage variations, as seen from the street and the water, which represent examples of homes permitted under the existing code, and what would be allowed under the proposed regulations. Each of the 3 lots above represents a typical waterfront lot on Di Lido Island, with a lot size of 10,500 SF. Each lot contains a 500 SF garage, entered from the side, which is currently exempt from lot coverage and unit size calculations. Also included is a single story, detached cabana building in the rear of the lot. The following are the calculations: Top image: Lot Coverage= Unit Size= Middle image: Lot Coverage= Unit Size= Bottom image: Lot Coverage= Unit Size= 30% I 3,150 SF 50% I 5,250 SF (3,150 1st floor + 2,100 2nd Floor) 2nd floor is 20% of the lot area or 67.7% of the first floor 30%/3,150 SF 57.8% I 5,250 SF (3, 150 1st floor+ 2,912 2nd Floor) 2nd floor is 27.8% of the lot area or 92.4% of the first floor 35% I 3,675 SF 67.7 % I 7,112 SF {3,675 1st floor + 3,437 2nd Floor) 2nd floor is 32.7% of the lot area or 93.5% of the first floor • Height: The current overall height limitations have been revised, with the basis for a home's height changing from 'grade' to the minimum flood elevation required for the property. Further, rather than allowing a higher height based upon the size of the lot, heights have been restricted based upon the zoning for the property. The larger RS-1 and RS-2 lots 409 Commission Memorandum Ordinance -Oversized Single Family Homes January 15, 2014 Page 5of 8 would be allowed a higher height than the smaller lots zoned RS-3 and RS-4. This would help reduce the height disparity on RS-3 and RS-4 lots between older and newer homes, as lot aggregation in these zoning districts would no longer allow a higher height limitation based on the width of the lot, which is generally more out of scale with existing homes. Also, lower height limitations have been provided for flat roofs vs. sloped roofs for all properties. Currently this differentiation only occurs for the largest lots where the maximum heights are permitted. Proposed New Height Limits: RS-1 and RS-2: 28 feet for flat roofs and 31 feet for sloped roofs (above flood elevation) RS-3 and RS-4: 24 feet for flat roofs and 27 feet for sloped roofs (measured to the mid-point above flood elevation) Compared to a typical 60 foot wide lot zoned RS-3 under the current code, which allows a maximum height of 25 feet above grade with a staff level approval, or up to 30 feet with DRB/HPB approval, and considering a difference between grade and flood elevation of 4 feet, the proposed height of 24 feet above flood elevation for a flat roof, would equate to a height of 28 feet above grade as currently defined in the Code. The ability of the ORB and HPB to allow a higher height based upon the width of the lot has been removed. In the most extreme instances in an RS-4 district, where the difference between grade and the minimum flood elevation is 7 feet, which is typical for the western portion of Palm Island, the equivalent height in the above scenario would be 31 feet above grade as currently defined in the Code. Currently the code permits a maximum height of 25 feet above grade for a 50 foot wide lot, with up to three additional feet in height with a variance. • Roof Decks and allowable height exceptions: In order to address the concerns expressed regarding roof top decks and the impact of stairwells, elevators, and parapets, included are several modifications to minimize these impacts. Stairwells have been removed as an allowable height encroachment; Access can still be provide with exterior stairs that are not enclosed above the roof level, and elevators are retained as an allowable exception. The size of all roof decks have been reduced to 25 percent of the floor below, regardless of the roof deck height, and parapet walls are only permitted when associated with a habitable roof deck, with an added setback of 10 feet from the perimeter of the enclosed floor below. Roof-top curbs, not to exceed one foot in height have been added as an allowable exception for structural and waterproofing issues. • Side yards: In order to further help break up the length of 2-story side elevations, the maximum length has been reduced from 50 percent of the lot depth or 80 feet to 40 percent of the lot depth, or 60 feet, whichever is less. • Setbacks: The setback regulations have been modified in order to clarify the amount of open/pervious space permitted within front, rear and street side yards. In addition to the aforementioned proposed changes, staff has also included clean-up text changes to sections 142-105 I 106, which address issues of interpretation, applicability and process, identified by staff over the years. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on September 24, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 7 to 0. Additionally, the 410 Commission Memorandum Ordinance -Oversized Single Family Homes January 15, 2014 Page 6of 8 Planning Board recommended the following applicability schedule, which has been included in the Ordinance: This ordinance shall 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 FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. SUMMARY The Administration is highly supportive of the proposed Ordinance, as it will simplify and standardize the development regulations for the new construction of, and additions to, single family homes. The Ordinance, as proposed, represents a long, and sometimes arduous, process that entailed numerous meetings with various stakeholders, ongoing re-drafts and modifications to the ordinance document, and multiple public hearings. The high level of interest shown in this legislation is a testament to the value that the residents of our City place on single family homes and single family neighborhoods. The Administration believes that the Ordinance recommended by the Planning Board is a very good representation of the consensus reached by a multitude of stakeholders. The only portions of the proposed Ordinance that have appeared to cause some disconcertion among affected stakeholders are those sections pertaining to the maximum unit size requirements for larger properties (RS-1 and RS-2) and the proposal to limit the physical volume of the 2nd floor to no more than 70% of the volume of the main home. Both of these requirements, however, may be waived by the Design Review Board. The rationale behind the proposed lower maximum unit size of 40% in the RS-1 and RS-2 districts (as opposed to a flat 50% for all other districts) is that these 2 particular districts contain much larger lots, particularly when lots are aggregated. As such, the overall size of a proposed home can start to become very large. Both staff and the Planning Board concluded that a large home on lots in these districts (exceeding 40% unit size) would be well served by going through a public hearing for the new construction. As it pertains to the proposed limitation on the volume of the 2nd floor (max 70% of the first floor of the main home), both staff and the Planning Board determined that movement within the overall volume of 2-story homes is needed in order to effectively reduce the scale and massing of the structure, as well as ensure appropriate compatibility with the surrounding area. 411 Commission Memorandum Ordinance -Oversized Single Family Homes January 15, 2014 Page 7of 8 Whenever a proposal is put forth with the maximum lot coverage (30% ), the unit size limit of 50% will, in most instances, dictate that the physical volume of the 2nd floor is no greater than the first floor. However, staff has observed instances where architects extend the 2-story volume of a new home in a manner that does not constitute additional unit size, but effectively adds to the bulk and mass of the structure, thereby increasing the perception of the home being larger than it actually is from a square footage standpoint. The Administration believes that this is an effective tool in order to ensure appropriate compatibility for homes that propose to use a larger percentage {25%-30%) of lot coverage. This requirement is particularly important for those homes that exceed 25% lot coverage, as it will facilitate the incorporation of movement within larger homes. As indicated previously, this 70% requirement for 2nd story volume can be waived at the discretion of the DRB, so an appropriate safety valve exists for unique conditions and circumstances. If the Commission was to consider any type of relaxation for this proposed section of the Code, the Administration would strongly suggest that any such relaxation only be applied in those instances where the overall lot coverage for a proposed home does not exceed 25%. Finally, since the proposed Ordinance was transmitted by the Planning Board to the City Commission in September (2013), Planning Department staff has identified minor issues in the implementation of the code, as well as small scriveners errors. These particular issues and corrections, which have been identified in the text of the proposed Ordinance with a double underscore and a €1€lwlslii &triiEii tl;irw, are summarized hereto: • Section 142-105(a)(1 )a: Revised to clarify the staff and board review requirements; • Section 142-105(b)(2): Text added to clarify that the maximum number of habitable stories is 2 above flood elevation; • Section 142-1 05{b )( 4 )c: Revised to clarify that the 70% limitation applies to the 'physical volume' of the second floor, and that it is limited to the main home; • Section 142-1 05(b )( 4 )d: Revised to clarify the requirements for those portions of a home located below minimum flood elevation. Additionally, staff has recommended that none of the area located below minimum flood elevation count in the overall unit size calculations (the Planning Board version recommended that 50% count in the maximum unit size), due to the fact that this area is not permitted to be 'habitable' in accordance with Florida Building Code and FEMA regulations. • Section 142-1 05(b)(5)d: The requirement for a 'restrictive covenant' has been removed, due to the fact that a building permit would required to convert the 'non- habitable' space to a 'habitable' space. • Section 142-105(b)(6): The requirements for minimum roof deck setbacks have been clarified; specifically, the minimum 10' setback would apply to the front and side portions, but not the rear portion. Finally, the Administration is recommending one significant policy change to version of the ordinance recommended by the Planning Board, as described hereto: • Section 142-1 06(2)d: Staff is recommending that the existing threshold regarding the depth of a 2 story home, as it pertains to minimum open courtyards, remain at 50% and NOT be reduced to 40%, as recommended in the Planning Board version of the proposed Ordinance. In this regard, if the 2-story volume of a proposed home is 412 Commission Memorandum Ordinance -Oversized Single Family Homes January 15, 2014 Page 8of 8 greater than 50% of the depth of lot, or 60 feet (whichever is less), minimum courtyard requirements apply, which can be waived or reduced by the DRB. Staff has found that for lots just over 120 feet in depth, the 40% threshold proposed creates some limitations in terms of the interior floor plan of the proposed house. CONCLUSION The Administration recommends that the City Commission approve the subject Ordinance upon First Reading, including the modifications suggested above, and set a Second Reading Public Hearing for February, 2014; Attachments JLM/JMJ/RGUTRM T:\AGENDA\2014\January\Oversized Single Family homes-MEM 1st read.docx 413 SINGLE FAMILY DEVELOPMENT REGULATIONS ORDINANCE NO .. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING THE CRITERIA AND PROCEDURES FOR THE REVIEW AND APPROVAL OF SINGLE-FAMILY RESIDENTIAL CONSTRUCTION, BY REPLACING THE SINGLE-FAMILY RESIDENTIAL REVIEW PANEL, BY CLARIFYING AND AMENDING THE STANDARDS AND PROCURES FOR REVIEWING NEW CONSTRUCTION AND ADDITIONS IN SINGLE FAMILY DISTRICTS, INCLUDING MODIFICATIONS TO LOT COVERAGE, UNIT SIZE AND OVERALL HEIGHT, BY CLARIFYING THE BELOW FLOOD LEVEL CONSTRUCTION REQUIREMENTS FOR AFFECTED PROPERTIES IN HIGH FLOOD ZONES, AND BY CLARIFYING SETBACK AND LOT COVERAGE REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the regulation of additions and new construction in single family districts is necessary in order to ensure compatible development within the built character of the single- family neighborhoods in the City; and WHEREAS, new homes and additions that are compatible with the prevailing character of existing residential neighborhoods should be encouraged and promoted; and WHEREAS, the identity, image and environmental quality of the City should be preserved and protected; and WHEREAS, the privacy, attractive pedestrian streetscapes and human scale and character of the City's single-family neighborhoods, are important qualities to protect; and WHEREAS, these regulations will accomplish these goals and ensure that the public health, safety and welfare will be preserved in the City's single-family districts. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 142-105, "Development regulations and area requirements", is hereby amended as follows: Sec. 142-105. Development regulations and area requirements. (a) Ra 1, Ra J, RS 3, RS 4 fiistrists. The review criteria and aoolication requirements development FO§l:llations for the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows: (1) Compliance with regulations and review criteria. 414 a. Permits for new construction, alterations or additions to existing structures shall be subject to administrative (staff level) review by the planning director or designee, er ifl ser=teifl iRe~;;u•u;es ilal&je8t te e ~1a1tilie ~eerifl~ 13y the single family residential review panel (aFRRP) design review board (ORB), or historic oreservatjon board (HPB) as applicable. in order to determine consistency with the review criteria listed in this section. b. In complying with the review criteria located in this section, the applicant may choose either to adhere to the development regulations identified in sections 142-105 and 142-106 administratively through staff level review or seek enhancements of the applicable development regulations as specified therein. where permitted. through approval from the SFRRP, historic preservation board or design review board, as applisable in accordance with the applicable design review or appropriateness criteria. In the event the SFRRP does not cenvone due te lack ef a querum, tho applicatien may be roelirosted, at tho election ef tho applicant, te tho design review eoarel or the historic preservation board, whiche•ror has jurisdiotion. s. SFRRP appro'ral shall eo in aeoordanse with tho prosedures eontained in sostions 14 2 1 05 and 14 2 1 06. Further slarifisation of tho limits of the approval powers of the panel relative to single family structures may be found within the subsections. Eke. Notwithstanding the foregoing, for those structures located within a locally designated historic si*e district, or individually designated as an historic structure or site, ~the review and approval of the historic preservation board (HPB)shaU may be required. &.-d. Notwithstanding the foregoing, for those structures constructed prior to 1942 and determined to be architecturally significant, in accordance with section 142-108 herein, Gffiy-the review and approval of the design review board (ORB) shall be required. (2) Review criteria. Staff level .. or SFRRP review shall encompass the examination of architectural drawings for consistency with the review criteria and information requests listed below: a. The existing conditions of the lot, including but not limited to topography, vegetation, trees, drainage, and waterways shall be considered in evaluating the proposed site improvements. b. The design and layout of the proposed site plan inclusive of the location of all existing and proposed buildings shall be reviewed with particular attention to the relationship to the surrounding neighborhood, impact on contiguous and adjacent buildings and lands, and view corridors. In this regard, additional photographic, and contextual studies that delineate the location of adjacent buildings and structures ffia¥-Shall be required in evaluating compliance with this criterion. c. The selection of landscape materials, landscaping structures and paving materials shall be reviewed to ensure a compatible relationship with and enhancement of the overall site plan design and the surrounding neighborhood. 2 415 d. The dimensions of all buildings, structures, setbacks, height, lot coverage and any other information that may be reasonably necessary to determine compliance with the requirements of the underlying zoning district. e. The design and construction of the proposed structure, and/or additions or modifications to an existing structure, indicates sensitivity to and compatibility with the environment and adjacent structures and enhances the appearance of the surrounding neighborhood.~.. f. The proposed structure is located in a manner that is responsive to adjacent structures and the established pattern of volumetric massing along the street with regard to siting, setbacks and the placement of the upper floor and shall take into account the established single family home context within the neighborhood. g. The construction of an addition to a-R main existing structure shall be architecturally appropriate to the original design and scale of the main existing structurebuilsing; the proposed addition may utilize a different architectural language or style than the main existing structure buildinEJ struoture may bo architecturally redesigned, but in a manner that is compatible with the scale and massing of the original main existing structure building. oonsistent in design and material throughout. h. exterior bars on entl)'\'+'ays, doors and windov<'c shall be prohibited on front and side elevations which faoe a street or right of way. i. At least 35 peroent of tho required front yard area and 35 poroent of the required side yard area facing a street shall tlo sodeod or landscapo9 pervious open spaoo. \'Vith the exooFJtion of drive•.yays and paths loading to the building, paving may not e:Xtend any oloser than five feet to the front of the tluilding. j. In no instanoe shall the elevation of any required yard be higher than one half the differonoe setv;een §Fade, as defined in seotion 114 1, and the minimum required flood elevation. ~h. The construction shall be in conformance with the requirements of article IV, division 7 of this chapter with respect to exterior facade paint and material colors. (3) Application requirements for ORB or HPB review. a. /\pplioations shall be made to the planning department and shall inol1:1do the following: 1. ,A, oornplotod application forrn. 2. A notarized o•Nnor's affidavit. 3. Color photographs of the site and adjaoent properties. 4. Conceptual Elesign dra·Hings to seale insl1:1ding but not limitea to a site plan, buileing floor plan(s), elevations ana landsoape eesign, sufficient to 0'1al1:1ato tho overall proposed projoot. Additionally, drawings shall be suernil:tod in "pdf' forrnat in order to allmv posting to the sity's planning and 2:oning wespage. 5. Surveys dated within 6 rnonths of the application that include site e I ovations. 6. General 2:oning oaloulations ana aata sufficient to determine 3 416 oomplianco with z:oning criteria. 13-:a. SFRRP ORB or HPB applications shall follow the application procedures and review criteria. specified in Chapter 118 Article VI -Design Review Procedures or Article X. -Historic Preservation. of these land development regulations (as applicable), board by-laws. or as determined by the planning director. or designee. However. the fee for applications to the ORB for non-architecturally significant homes constructed prior to 1942 and all homes constructed after 1942 shall be $150.00.roquire seven oopies of tho requires exhieits while staff level review shall require three oopies. c. 1\11 applioations for review by tho SFRRP must be files with tho planning separtment no later than 21 oalendar elays before the mooting elate. (4) aiRgJe faFRi.'y ,r:esifieRtiaJ rD~'iO'Il paRol. a. CompositioFJ and term of panel members. The panel shall be composed of throe members, t\¥0 of whom shall be architestc and/or other reQictoroel elesign professionals, anel one shall be a resielont of the oity, each to serve for a term of one year. Panel members shall not seliberate in mora than four meetings per calendar year unless required sue to inaeility to satisfy tho quorum requirement. 13. MeFRI:Jet=sl=lip aRfi Efi:JaJifieatloFJ. Panel members shall be ohosen by the city manager or designee on a rotating basis or as availaele from a list of not more than 20 architects and/or other registered elocign professionals, as vloll as a list of residents of tho city. In developing the list of ro€Jistoro8 professionals, names sho1:1lel be submitteel from the follm ... ing assooiations: 1. American Institute of Arohitects, looal ohapter. 2. Amoriean Sooioty of Landscape /\rohitosts, local cl=laptor. d. ,A,merican Planning Association, looal section. 4. The Miami Design Preservation League 5. Dade Heritage Trust. c. Majority te BfJ13fOVO plaRS. Tho quorum for tho a~RRP shall be all throe members ana a simple majority will be necessary to approve any application. In the e>Jent the single family resielential review panel does not con·1one due to lack of a quorum, the application may be redireoteel, at tho oloction of tho applicant, to tho design FO'Iiow boars or the historic preservation boarel whiohever has jurisdiotion. The planning elopartment shall provide staff support to the S~RRP and the city attorney's office shall provide legal counsel. d. Meetings aREi notiolng roqi:JireFRonf:B. The SFRRP shall have regularly scheElulod meetings on a monthly basis, or as frequently as needeel, as Eleterminod by the planning eliroctor. The hearing before the S~RRP shall eo elo novo, and tho applicant shall have a proaJ3plisation conferoneo with the planning direotor, or designee, prior to the submission of a request or an application to disouss any aspect of the process. Notieing of SFRRP meetings shall occur no less than 14 oalendar days prior to the hearing date and shall be by mail notieo and posting of the property that is tho subject of tho hearing. The woparation of the mail notiee and mailing 4 417 Jal3ols sl=lall apply only to adjaoent property owners of single family zoned land no less tl=lan 100 foot to either side, roar and aoross a street or alley from the exterior property boundaries of the subjeot property. As an additional cot:Jrtosy, projoot drawings shall be posted online at tl=le city's planning and zoning 'l.<ebpage. a. ReeommeRfl.a#ioRs aRfi af)fJeal-s. In addition to approvin§ or denying the application, tho panel may reeommend changes to tho eonceptual plans and speeifieationc eased on tho roeommondations of planning department staff and/or tl=le comments ·.witten or otherwise from any meml3er of the pu131io during its deliberation of tl=le item. /\n appeal of any deeision of the aPRRB shall be to a spacial master ap13ointod 13y tho city commission, in accordance with tho 13rocedures set forth in subseotion 118 ed7(b) of these land development regtJiations. Thereafter review shalll3e by petition for writ of eertiorari to the eircuit eourt. f. F-fJes for oJmmiRatioR of f3f.aRs aRfi of3eeificatloRs. Tho fee for applications to tho aFRRP shall be $190.00. (b) The development regulations for the RS-1. RS-2, RS-3. RS-4 single family residential districts are as follows: ~.!.1l._Lot area. lot width, lot coverage. unit size. and building height aRd Bl:lil.fiing requirements. The lot area, lot width, Jot coverage, and building height unit size and building height requirements for the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows: 5 418 Mini1+11.11+1 bet *rea (Sq1.1are Fe8tj ~a ~ -JQ, ceQ R.a 2 1S, QQQ ~a 3-1o.ooo ~a 4-e,ooo ~4inir:nblr:n bot Wistl:l (I'Os9tt R.a ~-HlO Ra 2 75 Oseanfront ~a 3-aG 1\ ~a 3-eo ~a 4-ao *E.xsejOlt those lots frontinQ oR a Gbll de sac or sirsbllar street as 9e11Re9 in lot ~ Mini1+11a1r:n blnit Size (Sq~a~are ~ ~ ~4a.xil+lbll+1 Unit ai;;s (% of Lot ~ 50% of Jot area with the ability to ir:tsrease to 7Q% thro~a~sl:l aF~~I2. l::li2B gr bi~B appFOlQI, as dlJOlJOllis;;t;als 6 419 Ma.xii=Aiall+l B~a~ildinQ l::leiQI:It'""' 25 fsst far lots €lQ fs~ iR u.ci9tl:l or 1es& bats Qreatsr tl:lan eo fast in wic;ltl:l: ':lfl. f.<:>..<:>t fnr ~. str~o~st~o~rss. J:i fast far sloped FOof StR.IGtlaiFQS l=leiQI:lt may also be 50%. of lgt wi9th, ~a~~ tg a I=Aa.xirn~a~rn of ~3 feet rosardl&ss at lgt si;;;,iJ gr roof ty~e tl:ll'91a19h aF~RP, ~121il gr l::lPB ap~roual 1 as a~~lisable. ** l::lei€JI:lt shall t;ae 1+1eas~a~re9 from grarJe, as detlnsd in sestion 114 1. Ma.xi1+11.11+1 N~o~mt;aer of Stories ') ~h~· ~ ~;~;~ ·~ 11ood ele\Qtion 9etel+l'linati91'l Zoning District RS-1 RS-2 RS-3 RS-4 - Minimum Minimum Lot Maximum Lot Maximum Unit Size Maximum Building Lot Area Width (Feet}* Coverage for (% of Lot Area) Height1 which shall not (sguare a 2-stoct exceed two stories feet) home(% of above the minimum - lot area}** flood elevation in all districts**** 30% 40% *** 30.000 100 28 feet -flat roofs. 31 feet-sloged roofs. 30% 40% *** 18,000 75 SO-Oceanfront lots. 30% 50% 10,000 60-AII others 24 feet-flat roofs. 6.000 27 feet-sloQed roofs. 30% 50% so *Excegt those lots **Single stoty ***ma~ be increased UQ ****Height shall be fronting on a cui de homes shall to 50% when a~:mroved measured from the sac or circular follow the b~ the ORB or HPB, in minimum reguired flood street as defined in reguirements accordance with elevation for the lot, lot width. of Section aJ2glicable design review measured to the tog of 142-or aggrogriateness the structural slab for a 10S{b}{4}b criteria flat roof and to the mid- QOint of the sloge for a sloQed roof. Single Star~ homes sha II follow the reguirements of Section 142-10S{bl(4}b (2) Maximum number of stories. The maximum number of stories shall not exceed two above the minimum flood elevation. (3) No more than two contiguous lots may be aggregated, with the exception of lot aggregation for the purpose of expanded yards. or for the construction of accessory pools. cabanas. tennis courts, and similar accessory structures, when detached from the main home with a minimum separation of 15 feet. which may be aggregated to no more than three contiguous lots. 7 420 (4) Unit size requirements. a. Minimum unit size: 1.800 square feet. a.b. For purposes of this subsection. unit size means the sum of the gross horizontal areas of the floors of a single family home, measured from the exterior faces of exterior walls. However, the unit size of a single family home shall not include the following. unless otherwise provided for in these land development regulations 1. Uncovered steps. 2. Attic space. providing structural headroom of less than seven feet six inches. 3. Terraces. breezeways. or open porches. 4. Enclosed floor space used for required off-street parking spaces (maximum 500 square feet). 5. Exterior unenclosed private balconies. c. For two storv homes. the physical volume afea-Of the second floor shall not exceed 70% of the area of the first floor of the main home exclusive of any enclosed required parking area. The ORB or HPB may forego this requirement, in accordance with the applicable design review or appropriateness criteria. d. Non-airconditioned space located below minimum flood elevation. Notwithstanding the foregoing, for those properties located in the RS-1. RS-2. RS-3. RS-4 single-family residential districts, where the first habitable floor is required to be located six (6') feet or more above grade in order to meet minimum flood elevation requirements. the following shall ~ 1. The height of the area under the main structure may have a maximum floor to ceiling clearance of 7'-6" from grade. Except that in the event that the minimum flood elevation requires the underside of the slab of the first habitable floor to exceed 7'-6" from grade. such slab shall not exceed the minimum flood elevation as measured from grade. 2. Up to, but not exceeding, 600 square feet of segregated parking garage area may be permitted under the main structure. 3. The area under the first habitable floor of the main structure shall consist of non-airconditioned space. which is iw8&hUiltiallv €l!il81=1 at least 50% open. Such area shall not be subdivided into different rooms. with the exception of the parking garage area, and required stairs and/or elevators. M. The parking garage area and ~ the open, non-airconditioned floor space located at er liele'A' !!!r=B€19, aR€1 directly below the first habitable floor, shall not count in the unit size calculations, provided it remains open in peroetuity. ~.{§l_Lot coverage (building footprint). f-Ba. General. +-:._1._ For lots aggregated after September 24, 2013, when a third lot is aggregated, as limited by Section 142-1 05(b)(3), the calculation of 8 421 lot coverage shall be determined by the two lots on which the house is located .. Buildings or struotures rnay oooupy a rnaxirnum lot GO'.'erage of 35 percent of tho lot area upon 'Nhich the building or structure is erected through SFRRP approv-al, design review board or historic preserv-ation board appro•.ral, as applisable .. ~b. One-story structures. One-story structures may exceed the maximum Ja percent lot coverage noted in section 142-105(b)(1) above through staff level review and shall be subject to the setback regulations outlined in section 142-106, but in no instance shall the building footprint exceed 50 percent of the lot area. For purposes of this section, a one-story structure shall not exceed 18 feet in height for flat roof structures and 21 feet for sloped roof structures (measured to the mid-point of the slope) as measured from ~the minimum flood elevation. However for 5% of the lot coverage, the height may be increased up to 24 feet for a single flat roof structure or 27 feet for a single sloped roof structure (measured to the mid-point of the slope). The length of any wall associated with this higher height shall not exceed 25 feet. fJ1c. Calculating lot coverage. For purposes of calculating lot coverage, the footprint shall be calculated from the exterior face of exterior walls and the exterior face of exterior columns on the ground floor of all principal and accessory buildings, or portions thereof. Internal Courtyards. which are open to the sky, but which are substantially enclosed by the structure on four sides, shall be included in the lot coverage calculation. However, eOutdoor covered areas, such as, but not limited to, loggias, covered patios, pergolas, etc., that are open on at least two sides, and not covered by an enclosed floor above, shall not be included in the lot coverage calculation. t4jg. Garages. A maximum of 500 square feet of garage space shall not be counted in lot coverage if the area is limited to garage, storage and other non-habitable uses as JH€lvi€Je€l tlolr=eW!!JR ree1rie'i"fil €li!Wer=~ar=~t and the garage conforms to the following criteria: a;_1._The garage is one story in height and not covered by any portion of enclosed floor area above. Enclosed floor area shall be as defined in section 114-1 &.L_ The vehicular entrance(s) of the garage is not part of the principal facade of the main house. s.L__ The garage is constructed with a vehicular entrance(s) perpendicular to and not visible from the right-of-way, or the entrance(s) is set back a minimum of five feet from the principal facade of the main house when facing a right-of-way. fete. Nonconforming structures. Existing single-family structures nonconforming with respect to sections 142-105 and 142-106, may be repaired, renovated, rehabilftated regardless of the cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter 118, article IX, "Nonconformance." Should such an existing structure constructed prior to October 1, 1971, be completely destroyed due to fire 9 422 or other catastrophic event, through no fault of the owner, such structure may be replaced regardless of the above noted regulations existing at the time of destruction. f_. __ Demolition of architecturally significant single-family homes. Proposed new construction that exceeds the original building footprint of a demolished architecturally significant single-family home shall follow the provisions of section 142-1 08 (6) Roof decks. Roof decks shall not exceed six inches above the main roofline and shall not exceed a combined deck area of 25 percent of the enclosed floor area immediately one floor below. regardless of deck height. Roof decks shall be setback a minimum of 1 0 feet from each side of the exterior outer walls. when located along a front or side elevation. tGj(?) Height restrictionexceptions. The height regulation exceptions contained in section 142-1161 shall not apply to the RS-1, 2, 3 and 4 zoning districts. The following exceptions shall apply, and unless otherwise specified in terms of height and location, shall not exceed ten feet above the roofline of the structure. In general, height exceptions that have not been developed integral to the design intent of a structure shall be located in a manner to have a minimal visual impact on predominant neighborhood view corridors as viewed from public rights-of-way and waterways. fB_1._Chimneys and air vents, not to exceed five feet in height. (2) Decks, not to exceed six inches above the main roefline and not exceesing a comeines seck area of 50 percent of the enclosos floor area irnrnesiately one floor eelo· ..... ~L_Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, belfries, and covered structures, which are open on all sides, and are not intended for habitation or to extend interior habitable space. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below. and shall be setback a minimum of 10 feet from the perimeter of the enclosed floor below. {4j3___,__Radio and television antennas. 4. Parapet walls, only when associated with a habitable roof deck. not to exceed three and one-half feet above the maxirnl:lFfl permitted finished roof deck height. and set back a minimum of 10 feet from the perimeter of the enclosed floor below. t5j5. Rooftop curbs. not to exceed one foot in height. t&j6___,__StaiF¥ioiJ ans e~levator bulkheads in §eneral shall be located as close to the center of the roof as possible and te-be visually recessive such that they do not become vertical extensions of exterior building elevations.:. located siroctly along ro~uired setback lines. SF"RRP, historic preservation eoars or design review boars, as applicaele, shall ee requires when tho eulkhead's proxirnity to a property line is closer than 125 percent of the depth of the nearest setback. Depth shall ee measl:lrod perpenEiicl:llar froFfl the property line. f+jL..._Skylights, not to exceed five feet above the main roofline. 10 423 t8j8__,__Air conditioning and mechanical equipment not to exceed five feet above the main roofline and fRa;'-Shall be required to be screened in order to ensure minimal visual impact as identified in the general section description above. (-Bt~Rooftop wind turbines, not to exceed ten feet above the main roofline. (8) Exterior building and lot standards. The following shall apply to all buildings and properties in the RS-1, RS-2. RS-3, RS-4 single-family residential districts: a. Exterior bars on entrvways, doors and windows shall be prohibited on front and side elevations, which face a street or right-of-way. b. Adjusted grade. In no instance shall the elevation of any required yard be higher than one-half the difference between grade, as defined in section 114-1, and the minimum required flood elevation. (8) GeRditieAaii:Jse permit. An applioation for a conaitional liSe approval for a parking lot pllrsuant to section 14 2 103 shall be Sllb:ject to tho following requirements: ( 1) Only an at graao, surfaeoa parking lot shall be permittee p~;~rsuant to this sllssoetion. 1\ parl<ing struoturo, builaing or garage shall not be permitted. (2) /\n aFJJ3Iieation for a parking lot Sllbmitted pursuant to this subsootion shall be sub:jeot to the design review procedures, requirements and eriteria and the landscape requirements and criteria as set forth in chapter 118, article VI, and section 134 6, rosf)ooti¥ely. These re'.•ie'N criteria are in addition to the reqllired eonditional use precoelures and criteria set forth in chapter 11 S, article IV. (3) F'or purposes of this subsection only, a parl<in§ lot within the RS 4 district shall not mmeed 10,000 square feet in area and 65 feet in width, inclusive of all paved and landscaped areas. (4) Permanent Sllrfaces of a parking lot reviewed pblrsuant to tl=lis subseotion shall meet tl=le followin§ minimum setbacks: a. F'ront yard: 20 foot. b. Side yard, interior: a side yard immediately adjacent to the RS 4 district, ton foot; otherwise zero feet. c. Rear yard: fi'<'O foot. ~c. No variances cl:lall be granted from tl=le requirements of tl:lis subsection. SECTION 2. That Section 142-106, "Setback requirements for a single-family detached dwelling", is hereby amended as follows: Sec. 142-106. Setback requirements for a single-family detached dwelling. The setback requirements for a single-family detached dwelling in the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows: (1) Front yards: The minimum front yard setback requirement for these districts shall be 20 feet. a. One-story structures may be located at the minimum front yard setback line. b. The second floor of +two-story structures or tl=le second floor shall be set 11 424 back a minimum of ten additional feet from the required front yard setback line. c. Up to 50 percent of the developable width of the second floor may encroach forward to the 20-foot setback line through staff level review. Portions that encroach forward in excess of 50 percent shall require SfRRP, historic preservation board,..Q[ design review board approval, as applicable, in accordance with the applicable design review or appropriateness criteria. G.d. At least 35 percent of the required front yard area shall be sodded or landscaped pervious open space. With the exception of driveways and paths leading to the building, paving may not extend any closer than five feet to the front of the building. (2) Side yards: a. The sum of the required side yards shall be at least 25 percent of the lot width. b. Side, facing a street. Each required side yard facing a street shall be no less than ten percent of the lot width or 15 feet, whichever is greater. Also. at least 35 percent of the required side yard area facing a street shall be sodded or landscaped pervious open space. With the exception of driveways and paths leading to the building. paving may not extend any closer than five feet to the front of the building. c. Interior sides. Any one interior side yard shall have a minimum of ten percent of the lot width or seven and one-half feet, whichever is greater. d. Two-story side elevations located in prm<iffiity to a parallel to a side property line shall not exceed 50 aG--4G percent of the lot depth, or 00--60 feet, whichever is less, without incorporating additional open space.J..o. excess of the minimum required side yard. directly adjacent to the required side yard. The additional open space shall be regular in shape~ open to the sky from grade. and at least eight feet in depth, measured perpendicular from the minimum required side setback line. The square footage of the additional open space shall not be less than one percent of the lot area. Tfle tflreshold of tho pro>Eimity shall be equal to or less than 150 percent of the 'Nidth of tho required side yard setback. The intent of this regulation shall be to break up long expanses of uninterrupted two- story volume at or near the required side yard setback line and exception from this provision may be granted only through SfRRP, historic preservation board,_Q[ design review board approval, as applicable.:..,....in accordance with the applicable design review or appropriateness criteria. e. Nonconforming yards. 1. If the-g_single-family structure is renovated in excess of 50 percent of the value determination, as determined by the building official pursuant to the standards set forth in the Florida Building Code, any new construction in connection with the renovation shall meet ~§!Lsetback regulations existing at the time, unless otherwise exempted under chapter 118. article IX of these Land Development Regulations .. 12 425 2. When an existing single-family structure is being renovated less than 50 percent of the value determination. as prescribed bv the building official pursuant to the standards set forth in the Florida Building Code. and the sum of the side yards is less than 25 percent of the lot width. any new construction. whether attached or detached, including additions. may retain the existing sum of the side yards. provided that the sum of the side yards is not decreased. -hLWhen an existing single-family structure is being renovated less than 50 percent of the value determination, as prescribed by the building official pursuant to the standards set forth in the Florida Building Code, and has a nonconforming interior side yard setback of at least five feet, the interior sideyard setback of new construction in connection with the existing building may be allowed to follow the existing building lines.The maintenance of t.Re-this nonconforming interior side yard setback shall apply to the construction of a second floor addition to single-family homes constructed prior to September 6. 2006. and to the linear extension of a single story building, as long as the addition does not exceed 18 feet in height for a flat roof structure and 21 feet for a sloped roof structure (measured to the mid-point of the slope). as measured from the minimum flood elevation 9raao. If the linear extension is two-stories. the second floor shall meet the minimum required yards and the recessed area created by this setback shall not be accessible or habitable. Notwithstanding the foregoing. if an existing interior side yard is less than five feet, the minimum side yard for any new construction or addition on that side shall be ten percent of the Jot width or seven and one-half feet. whichever is greater.+J:»s shall also aJ3J3Iy to the construction of a second floOF addition to single family homes constructed as of (the effeoti·;e date of this ordinance). Tho construction of a ground floor addition of more than ono story shall follow the requires setbaoks. (3) Rear: The rear setback requirement shall be 15 percent of the lot depth, 20 feet minimum, 50 feet maximum. At least 70 percent of the required rear yard shall be sodded or landscaped pervious open space; the water portion of a swimming pool may count toward this requirement. SECTION 3. EXCEPTIONS. This ordinance shall 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 Jaw 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 13 426 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 SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of---~---' 2014. ATTEST: CITY CLERK First Reading: January 15, 2014 Second Reading: February_, 2014 Verified by: ________ _ Richard Lorber, AICP Acting Planning Director Underscore denotes new language 01/06/2014 MAYOR T:\AGENDA\2014\January\Oversized Single Family Homes-ORD 1st read v.2.docx 14 427 f /.11 j;; ifaP MIAMI BEACH City of Miami Beach, 1 700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM SUBJECT: OVERSIZED SINGLE FAMILY HOMES Bullet Point Summary Review Process • The Single Family Residential Review Panel (SFRRP) has been removed from the Code, due to an ability to maintain quorum. • The role of the Design Review Board (DRB) and Historic Preservation Board (HPB) have been clarified, to better reflect the current process. Review Criteria • The ORB and/or staff would be required to· consider the established building context within the immediate neighborhood of a proposed new home. Lot Aggregation Current Code: • No limits on the aggregation of single family lots in the City. Proposed Ordinance: • Limit the aggregation of lots to no more than two (2) contiguous lots; • The aggregation of up to three (3) contiguous lots would be permitted, with the 3rd lot limited to expanded yards, accessory pools, tennis courts, and similar outdoor activities. Lot Coverage (2 Story Home) Current Code: • Maximum 30% at Staff Level • Maximum 35% at DRB/HPB Proposed Ordinance: • Maximum 30%, regardless of lot size, with no ability to go up to 35% at DRB/HPB • The second floor of a home is limited to 70% of the area of the first floor, unless waived by the DRB/HPB. • The calculation of lot coverage includes internal courtyards open to the sky, which are substantially enclosed on 4 sides. Lot Coverage (1 Story Home} Current Code: • Maximum 50% at Staff Level or at DRB/HPB Proposed Ordinance: • Maximum 50% of the lot area, with an allowance for a small portion of the home (up to 5% of the lot area), to extend up to two stories in height. Unit Size Current Code: • Maximum 50% at Staff Level for ALL Districts (RS-1, 2, 3 & 4) 428 Commission Memorandum Oversized Single Family Homes -Bullet Points January 15, 2014 • Maximum 70% at DRB/HPB for ALL Districts (RS-1, 2, 3 & 4) Proposed Ordinance: • Maximum 50% for RS-3 & RS-4 at Staff Level; No DRB/HPB increase Page 2 of 3 • Maximum 40% for RS-1 & RS-2 at Staff Level; DRB/HPB can increase to a maximum of 50%. Height: Current Code (2 Stories Maximum): • Maximum Height is measured from 'Grade' (sidewalk elevation). • Max Height of 25' for lots 60 feet in width or less at Staff Level. • Max Height of 30' for lots greater than 60 feet in width at Staff Level. • Max Height of 50% of lot width (up to 33 feet) at DRB/HPB. Proposed Ordinance (2 Stories Maximum): • Maximum Height is measured from 'Minimum Flood Elevation'. • Max Height of 28' for flat roof structures and 31 feet for sloped roof structures (measured to the mid-point) in RS-1 & RS-2 at Staff Level. • Max Height of 24' for flat roof structures and 27 feet for sloped roof structures (measured to the mid-point) in RS-3 & RS-4 at Staff Level. • No DRB/HPB increase Roof Decks and Allowable Height Exceptions Current Code: • Enclosed stairwell and elevator bulkheads are allowable height exceptions, up to 1 0' above the roof deck. • The size of the roof deck can be up to 50% of the floor below. • No setback requirements for rails or parapets Proposed Ordinance: • Stairwells have been removed as an allowable height exception; exterior or open stairs that are not enclosed above the roof level are permitted. • Elevators are still an allowable height exception. • The size of all roof decks have been reduced to 25 percent of the floor below, regardless of the roof deck height, and must be setback a minimum of 1 0' from all perimeter walls. • Parapet walls and rails that are associated with a habitable roof deck must be setback 1 0 feet on all sides of the house. • Roof-top curbs, not to exceed one foot in height have been added as an allowable exception for structural and waterproofing issues. Side Walls and Interior Side Courtyards Current Code: • The maximum length of a structure without mandatory vertical breaks (ground level courtyard open to the sky) is 50 percent of the lot depth or 80 feet, whichever is less; this can be waived by the DRB/H PB. Proposed Ordinance: • The maximum length of a structure without mandatory vertical breaks (ground level courtyard open to the sky) is 40 percent of the lot depth or 60 feet, whichever is less; this can be waived by the DRB/HPB. 429 Commission Memorandum Oversized Single Family Homes-Bullet Points January 15, 2014 High Flood Zones Current Code: • 2 Floors Maximum Proposed Ordinance: Page 3 of 3 • Where the first habitable floor of a home is required to be more than six (6') feet above grade in order to meet minimum flood elevation requirements, the following shall apply: o The height of the area under the main structure may have a maximum floor to ceiling clearance of 7'-6" from grade. In the event that the minimum flood elevation requires the underside of the slab of the first habitable floor to exceed 7'-6" from grade, such slab shall not exceed the minimum flood elevation as measured from grade. o Up to, but not exceeding, 600 square feet of segregated parking garage area may be permitted under the main structure. o The area under the first habitable floor of the main structure shall consist of non- air conditioned space, which is substantially open. Such area shall not be subdivided into different rooms, with the exception of the parking garage area, and required stairs and/or elevators. o % of the parking garage area and % of the open, non-air conditioned floor space located at or below grade, and directly below the first habitable floor, shall not count in the unit size calculations. T:IAGENDA\2014\January\Oversized Single Family homes-Bullet Points.docx 430 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM SUBJECT: OVERSIZED SINGLE FAMILY HOMES Focus group and public meetings summary of comments Focus group meeting with architects {Aug. 21 ): • Unit size should be limited to 50% and ability for the ORB to grant higher unit size should be eliminated. • Heights should be measured from the flood elevation. 28' feet is a reasonable height limit for sloped roof structures and may be lower for a flat roof. • The height of stairwell and elevator bulkheads should be reduced or eliminated. • The extent of roof terraces are a problem; increased setbacks and reductions of roof top decks would help address privacy concerns of neighbors. • Lot coverage requirements are too restrictive even in the current code and will be more burdensome as proposed. 30% lot coverage should be allowed regardless of lot size or the existence of an architecturally significant home. • Allowances should be made for a higher lot coverage for a predominately single story home. The second floor could be limited to a small percentage of the first floor. Focus group meeting with Attorneys/Developers (Aug. 28th): • The cost of flood insurance is a burden to maintain homes below flood elevation. • ORB should have the authority to waive flood plain requirements. • Requiring new homes to take into account the established building context is too vague and needs to be further evaluated and defined. • Removing stairwell exceptions above the maximum height is reasonable, and allowing a small elevator for accessibility issues to access a roof deck, and located at the center of the home should be allowed, but may be something that is reviewed under the variance process. • Additional requirements to break up the mass of side elevations may be warranted. • The City needs to address the desired built context. • Limiting unit size to 50% of the lot area is reasonable with no ability for the ORB to grant a greater unit size. • Rather than a one size fits all approach, RS-1 and RS-2 (larger lot sizes), may warrant different regulations compared to RS-4 and RS-4 zoning (smaller lot sizes). Focus group meeting with Homeowners and Realtors (Sept. 3rd and 41h) • Additional setbacks at second floor needed (on front as well as side elevations). • The same rules should apply to all houses. • Many of the larger offensive homes are from the 80s, and there have been horrific additions to pre-1942 homes. • Lot coverage restrictions are too strict. • Disincentives should be removed and only incentives should be offered. • Articulation is critical. • Flood elevation should be the base level for height measurements. 431 Commission Memorandum Oversized Single Family Homes -Focus group and public meetings summary of comments January 15, 2014 • Knowing the rules is the most important and ambiguous rules are a problem. • 26'-28' is an acceptable height for a flat roof structure (above flood). Page 2of 4 • Roof terraces are not used and should be eliminated or greatly reduced. They are a source of noise problems and parties and should be banned. The ability of a roof deck should only be allowed for a homeowner that is renovating an existing home as an incentive. Additional setbacks for roof decks are needed. • Highest height could be limited to a certain percentage in the center. • Create a maximum height and average height limitation-with limits on side elevations • The issue of contextual zoning needs to be clarified and better defined. • Accessory structures and their setbacks are a problem • Elevations of sideyards and rear yards need to be addressed (people want to have their pool deck at the same elevated height as their interior and should be allowed to have this). • An architectural survey of all homes is needed in order to clarify whether or not a homes are architecturally significant. Focus group meeting with Preservationists (Sept. 91h): • New home construction, regardless of the age or significance of the existing home should follow the same guidelines for lot coverage and new construction. • New construction should fit within the existing neighborhood. • Lot coverage for new construction should be reduced, with a sliding scale based upon the size of the lot (ranging from 30% for the smaller lots to 15% for larger lots). • Unit sizes should also be reduced and proportional based on the size of the lot (ranging from 36 % for smaller lots to 30% for larger lots). These numbers are based on a review of existing home sizes, whereby the above numbers were calculated as exceeding 75% of the existing home unit sizes. • Higher allowances for lot coverage and unit size should be allowed as an incentive to retain an architecturally significant home. • Heights should be measured from flood elevation. 23 feet for lots less than 60' in width for a flat roof and 26 feet for a sloped roof, and should not be increased by the ORB. • Roof decks should be eliminated where the width of the front property line is less than 150 feet wide. • Roof decks could be offered as an incentive to retain a home when the lot size is greater than 50 feet, with a limitation of 250 square feet, with limitations on structures allowed above the roof line. In addition to these focus group meetings, public meetings were held on September 3, 2013 with the Design Review Board and on September 10, 2013 with the Historic Preservation Board. Design Review Board Discussion (including Board and public comment-Sept. 3rd): • We are a young city and need to preserve our history. • Concerns were expressed with the size and placement of homes. • New Construction should be compatible with existing homes. • Lot coverage is punitive and ORB should be able to grant more lot coverage. • Historic Preservation should be balanced by individual property rights. • Garages and roof decks should be counted in the unit size. • Need to identify how a home gets to the point where it is no longer repairable. • Need better incentives to restore a property. • Guidelines are not tight enough and too vague. • Tax breaks are too minimal and need to give homeowners a reason to improve. • Larger lots should have a smaller house 432 Commission Memorandum Oversized Single Family Homes -Focus group and public meetings summary of comments January 15, 2014 • Incentives are great but need more regulations on the sides and rear of homes, • Second floor should be a percentage of the first floor. • Roof-top decks are a problem Historic Preservation Board Discussion {incl. Board and public comment-Sept. 1Oth): Page 3of 4 • New regulations should be compared to existing homes that are considered overbuilt to see if there would be any change vs. the new regulations. The new regulations may not be good enough. • Possible demolition of significant homes should be in the hands of the HPB and not the ORB. • Incentives are not great, but there is no real substance. • Need to understand the dynamic that is causing demolition. • Just because a building was built in the 20's or 30's does not mean it needs to be preserved. • The HPB does not have the legal power to legislate on these items. Tax incentives do not belong before the HPB. • Demolition has increased because there has been a pent-up demand in the real estate market and it should not be a cause for alarm. • Older homes were part-time vacation homes and don't satisfy current needs. • Should look to the Coral Gables model to preserve significant homes. Land Use and Development Committee Workshop-September 23. 2013 • Older homes were part-time vacation homes and don't satisfy current needs. • Should look to the Coral Gables model to preserve significant homes. • Emmanuel Sebag -agree on objectives. Rules do not promote good architecture. Too much uncertainties in current code. Concerns with proposals on massing, heights. • Julian Johnston-Preserving an existing home built in 1926 • Kathy Burman -Parents are longtime residents. Concerned with trying to sell existing home, and impact that the demolition moratorium has had on the ability to sell. • Gordon Loader-Proposed amendments should be implemented quickly. • Jo Manning -Discusses issue of government regulation and property rights. Supports proposed regulations, as they will further compatibility. • Daniel Giraldo -Discusses the built environment. Supports compromise proposal before the LUDC. • Kent Robins -Proposed regulations are conservative. Believes purpose of ordinance is to protect current property owners values. • Terry Beinstock-Discusses importance of neighborhoods. • Jaimie Rubinson -Concerned with details of the Ordinance. Specifically, issue of lot sizes and what was original vs. what is on the site. Importance of emphasizing that size of existing house can be replicated. Also has a concern with large, incompatible additions to original homes. • Nelson Gonzalez-Believes ordinance needs a lot of fine tuning. • Gary Appel -Believes there are good incentives in the Ordinance. For own has retention and addition required a lot of variances. Ordnances would remove that burden for retention of homes. SF neighborhoods are different. Protection of QOL of neighborhood important. • Michael Larkin -Lack of homeowner outreach. Believes most homeowners do not know about 'property rights' being diminished. Also addresses issue of flood insurance subsidies. On architecturally significant criteria, believes that criteria should be fine-tuned as current criteria too broad. Also has issue with compatibility criteria of 375 feet. 433 Commission Memorandum Oversized Single Family Homes -Focus group and public meetings summary of comments January 15, 2014 Page 4 of 4 • Catherine Rodstein -Has a 1938, 1 story home (spent over 300k enhancing). Now has 2 large modern hoses flanking her. Concerned with the incompatibility of new homes with established context. Appropriate determination 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 has 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 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 -Notes that she was born and raised in Miami Beach and promotes the City on a daily basis. Also notes that no City gets the same dollar per sq ft that Miami Beach does. • Peter Luria -Lives in a pre-1942 home, but the proposed ordinance is not necessary. Suggests that oversized homes should be integrated into the discussion. • Joel Simmons-Reads 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. T:\AGENDA\2014\January\Oversized Single Family homes-Focus group and public meetings summary of comments.docx 434 435 THIS PAGE INTENTIONALLY LEFT BLANK 436 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment, modifying the single family development regulations in order to create more substantial and tangible incentives for the retention of architecturally significant single family homes. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. 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 expands the incentives for the retention of existing Architecturally Significant single family homes. The increased height, increased lot coverage, and increased unit size allowances proposed as part of this Ordinance would only be afforded to those properties that have retained an architecturally significant home. The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Readin Public Hearin for Februa , 2014. Advisory Board Recommendation: On September 23, 2013, the Land Use and Development Committee reviewed the Ordinance; however no action was taken. On October 29, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 6-1 (Jon Beloff 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. . Cit Clerk's Off1ce Le islatlve Trackin Department Director T\AGENDA\2014\January\Architecturally Significant Single Family Home Retention Incentives - MIAMI BEACH 437 AGENDA ITEM_ ....... R.;_S;;;..........F_ DATE I-I$"-(q MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: DATE: January 15, 2014 FIRST READING SUBJECT: Architecturally Si AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEA H, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY REVISING THE STANDARDS AND REVIEW REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS AND MODIFICATIONS TO PROPERTIES THAT CONTAIN AN ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOME NOT LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading and set a Second Reading Public Hearing for February _,2014. BACKGROUND On December 12, 2012, the City Commission referred a discussion item to the Land Use and Development Committee, pertaining to amendments that would create additional protections from total demolition of architecturally significant single family homes. On February 13, 2013, the Land Use Committee discussed this matter and concluded that an incentive based approach for retaining architecturally significant single family homes would be the best approach, and directed staff to come back to the committee with an Ordinance. On June 12, 2013 the Ordinance was referred to the Planning Board, and the need for public workshops and outreach was expressed. The Planning Department arranged focus group meetings with various stakeholder groups; a summary of these meetings is attached. It is important to note that the comments provided refer both to this proposed Ordinance amendment as well as for the companion Ordinance amendment entitled 'Oversized Single Family Homes'. While many expressed concerns with the existing penalties to lot coverage associated with the demolition of an architecturally significant home, most agreed that incentives for the retention of architecturally significant homes are warranted, as long the additions are not so large that they overwhelm the original home. 438 Commission Memorandum Architecturally Significant SF Home Retention Incentives January 15, 2014 Page 2 of 6 On September 23, 2013, the Land Use Committee reviewed the proposed Ordinance amendment, and recommended that the Ordinance not be approved in the manner presented to it. The Ordinance was scheduled to be considered by the City Commission on December 11, 2013, but was opened and continued to a date certain of January 15, 2014. ANALYSIS 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 noted an increase in the number of total demolition requests for architecturally significant single family homes. In 2013 alone, demolition requests for 25 pre-1942 architecturally significant homes have been submitted to the Design Review Board (through October). 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: 2013 2012 2011 2010 2009 2008 2007 2006 2005 Total Demolition proposed: 25* 20 3 4 0 5 1 4 4 * 25 including pending applications through October 2013. 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 could be affected. As indicated previously, there are different methods to address this policy issue. One is to evaluate and consider the historic designation of single family districts. This particular option, though, is highly time consuming and would require months, if not years, of study, discussion and resources, simply given the quantity of single family homes that would likely be eligible for designation. Another alternative to address the increase in demolition requests for architecturally significant homes is through the design and development process. 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 and 2013, more is needed in order to encourage the retention of these homes. In this regard, revisions to Section 142-1 08(g) of the code have been endorsed by the Planning Board, in order to create more substantial and tangible incentives for the retention of architecturally significant single family homes. Additionally, the previously proposed penalties and disincentives have been removed, while the original sliding scale of lot coverage restrictions has been retained. Staff and the planning Board have concluded, after carefully evaluating all of the comments and feedback from the various stakeholders, that a primarily incentives based approach is the most tangible option for encouraging the retention of the most significant single family homes in the City. In this regard, a number of issues are impacting the ability of single family property owners to renovate existing, older homes; these include: • Sea Level Rise 439 Commission Memorandum Architecturally Significant SF Home Retention Incentives January 15, 2014 • FEMA Mandated Minimum Flood Elevation Requirements • The Ability to Obtain Flood Insurance • The Structural Conditions of Some Older Homes Page 3of 6 While the Administration is highly supportive of, and will continue to encourage the retention and renovation of architecturally significant homes, we have concluded that owners of older homes should not be penalized for proposing to build a new home. The proposed Ordinance, in concert with the recently adopted 'Oversized Homes Ordinance' sets a number of limits on new construction, which will translate into more compatible and context sensitive new construction in the City's single family districts. The requirement for Design Review Board (ORB) review of new homes on lots where a pre-1942 home is proposed to be demolished will remain in place, as will the sliding scale for lot coverage requirements. The following is a summary and comparison of the Current Code and the Proposed Ordinance: Lot Coverage (2 Story Home) Current Code: • Maximum 35% at Staff Level when Architecturally Significant home is retained. • Sliding Scale based on lot size when Architecturally Significant home is demolished: o For lots 10,000 square feet or less the max lot coverage is 30%. o For lots 10,000-25,000 square feet the max lot coverage is 25%. o For lots greater than 25,000 square feet the max lot coverage is 15%. • ORB can waive above noted lot coverage restrictions and allow up to 35% Proposed Ordinance: • Maximum 40% at Staff Level when Architecturally Significant home is retained • Sliding Scale based on lot size when Architecturally Significant home is demolished: o For lots 10,000 square feet or less the max lot coverage is 30%. o For lots 10,000 -25,000 square feet the max lot coverage is 25%. o For lots greater than 25,000 square feet the max lot coverage is 15%; however the DRB/HPB would be able to waive this 15% lot coverage requirement, not to exceed 25%, if, in addition to complying with the existing demolition criteria, the layout and mass of the proposed replacement structure demonstrates a high level of compatibility with the established building context within the immediate area. Note: Planning Staff recommended that this DRB/HPB lot coverage waiver be allowed for lots greater than 10,000 square feet, up to 30% lot coverage, which is permitted by code. Lot Coverage (1 Story Home} Current Code: • Maximum 35% at ORB if Architecturally Significant Home is demolished. • Maximum 50% at Staff Level if Architecturally Significant Home is retained. Proposed Ordinance: • Maximum 50% at Staff Level if Architecturally Significant Home is retained. • Maximum 35% at ORB if Architecturally Significant Home is demolished; ORB can increase to 50% Unit Size: Current Code: • Maximum 70% at DRS for ALL Districts (RS-1, 2, 3 & 4} • Maximum 50% at Staff Level for ALL Districts (RS-1, 2, 3 & 4) 440 Commission Memorandum Architecturally Significant SF Home Retention Incentives January 15, 2014 Proposed Ordinance Page 4 of 6 • The maximum unit size is 60% at Staff Level when an Architecturally Significant home is retained. • The maximum unit size is 50% if an Architecturally Significant home is demolished; the ORB would not have the authority to increase the unit size beyond 50%. Height Current Code (2 Stories Maximum): • Max Height of 25' for lots 60 feet in width or less at Staff Level. • Max Height of 30' for lots greater than 60 feet in width at Staff Level. • Max Height of 50% of lot width (up to 33 feet) at DRB/HPB. Proposed Ordinance (2 Stories Maximum): • When an architecturally significant home is retained, the following shall apply at Staff Level: o Ground level additions (not roof-top additions), zoned RS-4 with a minimum lot width of 60 feet, or zoned RS-3, may be increased up to 26 feet for a flat roof structure and 29 feet for a sloped roof structure for up to 10% of the property's lot coverage; o Properties zoned RS-1 and RS-2 may be increased up to 30 feet for a flat roofed structure and 33 feet for a sloped roof structure for up to 10 % of the property's lot coverage. Setbacks Current Code: • The 2nd floor of a home (addition or new construction) must be setback an additional 1 0' from the minimum front setback; this requirement can only be waived by the ORB. • Ground floor additions of more than one floor must follow the minimum side yard setback requirements. Proposed Ordinance: • When an Architecturally Significant home is retained, the second floor may encroach forward to the 20-foot front setback line, subject to staff approval. • When an Architecturally Significant home is retained, the construction of a ground floor addition of more than one story shall be allowed to follow the existing interior building lines, provided a minimum side setback of 5' is met, subject to staff approval. • When an Architecturally Significant home is retained, habitable additions to, as well as the relocation of, architecturally significant homes, may project into a required rear or side yard for a distance not to exceed 25 percent of the required yard, up to the following maximum projections: i. Interior side yard: 5' ii. Street side yard: 7'-6H iii Rear yard: 15' Interior Side Courtyards Current Code: • The maximum length of a structure without mandatory vertical breaks is 50 percent of the lot depth or 80 feet, whichever is less. • This requirement can be waived by the ORB. Proposed Ordinance: • The minimum courtyard requirements may be waived at the administrative level when an 441 Commission Memorandum Architecturally Significant SF Home Retention Incentives January 15, 2014 Architecturally Significant home is retained. Permit Fees Page 5 of 6 • It has been determined that the City does not have the legal authority to waive or reduce building permit fees. • This provision would be modified to only be applicable to planning and public works department fees associated with the retention of an architecturally significant home. In addition to the aforementioned incentives, clean-up text changes to section 142-108 have also been included, pertaining to how the date of construction is determined, and exemptions for non-architecturally significant accessory structures. Finally, in order to incentivize the voluntary recognition of Architecturally Significant homes built before 1966, language has been included that would extend the applicability of the above noted proposals to single family homes constructed prior to 1966. This would occur only when the owner of a home constructed between 1942 and 1966 voluntarily seeks a determination of Architectural Significance and where such home is determined to be Architecturally Significant in accordance with the applicable criteria in Section 142-1 OS( a). While the proposed Ordinance would not prohibit an application for total demolition, it does create tangible incentives for the retention of existing Architecturally Significant single family homes. The increased height, increased lot coverage, and increased unit size allowances proposed as part of this Ordinance would only be afforded to those properties that have retained an architecturally significant home. Staff would also note that a number of variance applications have been recently approved, which were predicated by the retention of an architecturally significant home. This illustrates that there is still a desire to retain and preserve existing single family architecture in the City. If adopted, the proposed Ordinance would eliminate the need for most of these types of variances in the future, and would provide a tangible incentive for homeowners to contemplate the retention of an older home, as opposed to the demolition. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on October 29, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 6 to 1 (Jon Beloff Opposed). FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years} of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. SUMMARY The Administration is highly supportive of the proposed Ordinance. However, notwithstanding the recommendation of the Planning Board, the Administration does have a concern with the proposal to limit the ability of the ORB to increase the allowable lot coverage on lots greater than 10,000 square feet. The existing Ordinance allows the ORB to forgo the lot coverage requirement and permit up to 30% lot coverage, regardless of lot size. The Administration believes that it would be more equitable to retain the existing standard, and allow the ORB to 442 Commission Memorandum Architecturally Significant SF Home Retention Incentives January 15, 2014 Page 6of 6 waive the lot coverage restriction for all lots, so as not to penalize home owners who happen to have a lot greater than 10,000 square feet in size. CONCLUSION The Administration recommends that the City Commission: 1. Approve the subject Ordinance at First Reading, and set a Second Reading Public Hearing for February_, 2014; 2. Prior to 2nd Reading, Section 142-108(g)(1)c.2 of the proposed Ordinance shall be modified to allow the DRB to waive the lot coverage requirements for all lots, regardless of size, up to a maximum 30% lot coverage. JLM/JMJ/RGL!TRM T:\AGENDA\2014\January\Architecturally Significant Single Family Home Retention Incentives-MEM 1st read.docx 443 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM SUBJECT: ARCHITECTURALLY SIGNIFICANT SF HOME RETENTION INCENTIVES Bullet Point Summary Lot Coverage (2 Story Home) Current Code: • Maximum 35% at Staff Level when Architecturally Significant home is retained. • Sliding Scale based on lot size when Architecturally Significant home is demolished: o For lots 10,000 square feet or less the max lot coverage is 30%. o Far lots 10,000-25,000 square feet the max lot coverage is 25%. o Far lots greater than 25,000 square feet the max lot coverage is 15%. • ORB can waive above noted lot coverage restrictions and allow up to 35% Proposed Ordinance: • Maximum 40% at Staff Level when Architecturally Significant home is retained • Sliding Scale based on lot size when Architecturally Significant home is demolished: o Far lots 10,000 square feet or less the max lot coverage is 30%. o Far lots 10,000 -25,000 square feet the max lot coverage is 25%. o Far lots greater than 25,000 square feet the max lot coverage is 15%; however the ORB can waive the 15% lot coverage requirement, not to exceed 25%, if, in addition to complying with the existing demolition criteria, the layout and mass of the proposed replacement structure demonstrates a high level of compatibility with the established building context within the immediate area. Note: Planning Staff recommended that the DRB/HPB lot coverage waiver be allowed for lots greater than 10,000 square feet, up to 30% lot coverage. Lot Coverage (1 Story Home) Current Code: • Maximum 35% at ORB if Architecturally Significant Home is demolished. • Maximum 50% at Staff Level if Architecturally Significant Home is retained. Proposed Ordinance: • Maximum 50% of the lot area Unit Size: Current Code: • Maximum 70% at DRS for ALL Districts {RS-1, 2, 3 & 4) • Maximum 50% at Staff Level for ALL Districts (RS-1, 2, 3 & 4) Proposed Ordinance • The maximum unit size is 60% at Staff Level when an Architecturally Significant home is retained. • The maximum unit size is 50% if an Architecturally Significant home is demolished; the ORB would not have the authority to increase the unit size beyond 50%. 444 Commission Memorandum Oversized Single Family Homes -Bullet Points January 15, 2014 Height Current Code (2 Stories Maximum): • Maximum Height is measured from 'Grade' (sidewalk elevation). • Max Height of 25' for lots 60 feet in width or less at Staff Level. • Max Height of 30' for lots greater than 60 feet in width at Staff Level. • Max Height of 50% of lot width (up to 33 feet) at DRB/HPB. Proposed Ordinance (2 Stories Maximum): • Maximum Height is measured from 'Minimum Flood Elevation'. Page 2 of 3 • Max Height of 28' for flat roof structures and 31 feet for sloped roof structures (measured to the mid-point) in RS-1 & RS-2 at Staff Level. • Max Height of 24' for flat roof structures and 27 feet for sloped roof structures (measured to the mid-point) in RS-3 & RS-4 at Staff Level. • No DRS increase • When an architecturally significant home is retained, the following shall apply at Staff Level: o Ground level additions (not roof-top additions), zoned RS-4 with a minimum lot width of 60 feet, or zoned RS-3, may be increased up to 26 feet for a flat roof structure and 29 feet for a sloped roof structure for up to 10% of the property's lot coverage; o Properties zoned RS-1 and RS-2 may be increased up to 30 feet for a flat roofed structure and 33 feet for a sloped roof structure for up to 1 0 % of the property's lot coverage. Setbacks Current Code: • The 2nd floor of a home (addition or new construction) must be setback an additional 1 0' from the minimum front setback; this requirement can only be waived by the DRS. • Ground floor additions of more than one floor must follow the minimum side yard setback requirements. Proposed Ordinance: • When an Architecturally Significant home is retained, the second floor may encroach forward to the 20-foot front setback line, subject to staff approval. • When an Architecturally Significant home is retained, the construction of a ground floor addition of more than one story shall be allowed to follow the existing interior building lines, provided a minimum side setback of 5' is met, subject to staff approval. • When an Architecturally Significant home is retained, habitable additions to, as well as the relocation of, architecturally significant homes, may project into a required rear or side yard for a distance not to exceed 25 percent of the required yard, up to the following maximum projections: i. Interior side yard: 5' ii. Street side yard: 7'-6" iii Rear yard: 15' • In those instances where an Architecturally Significant home is demolished, new two- story structures, or the second floor, must be setback ten additional feet from both the required front and rear yard setback lines. Only 50 percent of the developable width of the second floor may encroach forward to the minimum front and/or rear setback lines, at the discretion of the ORB. 445 Commission Memorandum Oversized Single Family Homes -Bullet Points January 15, 2014 Interior Side Courtyards Current Code: Page 3 of 3 • The maximum length of a structure without mandatory vertical breaks is 50 percent of the lot depth or 80 feet, whichever is less. • This requirement can be waived by the DRB. Proposed Ordinance: • The minimum courtyard requirements may be waived at the administrative level when an Architecturally Significant home is retained. Permit Fees • It has been determined that the City does not have the legal authority to waive or reduce building permit fees. • This provision would be modified to only be applicable to planning and public works department fees associated with the retention of an architecturally significant home. Mimo Voluntary Incentives • The applicability of the above noted proposals would be extended to single family home constructed prior to 1966, on a voluntary basis. • This would occur only when the owner of a home constructed between 1942 and 1966 voluntarily seeks a determination of Architectural Significance and where such home is determined to be Architecturally Significant in accordance with the applicable criteria in Section 142-108(a). T:IAGENDA\20141January\Architecturally Significant SF Incentives-Bullet Point Summary.docx 446 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM SUBJECT: ARCHITECTURALLY SIGNIFICANT SF INCENTIVES Focus group and public meetings summary of comments Focus group meeting with architects (Aug. 21): • Unit size should be limited to 50% and ability for the ORB to grant higher unit size should be eliminated. • Heights should be measured from the flood elevation. 28' feet is a reasonable height limit for sloped roof structures and may be lower for a flat roof. • The height of stairwell and elevator bulkheads should be reduced or eliminated. • The extent of roof terraces are a problem; increased setbacks and reductions of roof top decks would help address privacy concerns of neighbors. • Lot coverage requirements are too restrictive even in the current code and will be more burdensome as proposed. 30% lot coverage should be allowed regardless of lot size or the existence of an architecturally significant home. • Allowances should be made for a higher lot coverage for a predominately single story home. The second floor could be limited to a small percentage of the first floor. Focus group meeting with Attorneys/Developers (Aug. 28th): • The cost of flood insurance is a burden to maintain homes below flood elevation. • ORB should have the authority to waive flood plain requirements. • Requiring new homes to take into account the established building context is too vague and needs to be further evaluated and defined. • Removing stairwell exceptions above the maximum height is reasonable, and allowing a small elevator for accessibility issues to access a roof deck, and located at the center of the home should be allowed, but may be something that is reviewed under the variance process. • Additional requirements to break up the mass of side elevations may be warranted. • The City needs to address the desired built context. • Limiting unit size to 50% of the lot area is reasonable with no ability for the ORB to grant a greater unit size. • Rather than a one size fits all approach, RS-1 and RS-2 (larger lot sizes), may warrant different regulations compared to RS-4 and RS-4 zoning (smaller lot sizes). Focus group meeting with Homeowners and Realtors (Sept. 3rd and 4th) • Additional setbacks at second floor needed (on front as well as side elevations). • The same rules should apply to all houses. • Many of the larger offensive homes are from the 80s, and there have been horrific additions to pre-1942 homes. • Lot coverage restrictions are too strict. • Disincentives should be removed and only incentives should be offered. • Articulation is critical. • Flood elevation should be the base level for height measurements. 447 Commission Memorandum Oversized Single Family Homes-Focus group and public meetings summary of comments December 11, 2013 • Knowing the rules is the most important and ambiguous rules are a problem. • 26'-28' is an acceptable height for a flat roof structure (above flood). Page 2of 4 • Roof terraces are not used and should be eliminated or greatly reduced. They are a source of noise problems and parties and should be banned. The ability of a roof deck should only be allowed for a homeowner that is renovating an existing home as an incentive. Additional setbacks for roof decks are needed. • Highest height could be limited to a certain percentage in the center. • Create a maximum height and average height limitation-with limits on side elevations • The issue of contextual zoning needs to be clarified and better defined. • Accessory structures and their setbacks are a problem • Elevations of sideyards and rear yards need to be addressed (people want to have their pool deck at the same elevated height as their interior and should be allowed to have this). • An architectural survey of all homes is needed in order to clarify whether or not a homes are architecturally significant. Focus group meeting with Preservationists (Sept. gth): • New home construction, regardless of the age or significance of the existing home should follow the same guidelines for lot coverage and new construction. • New construction should fit within the existing neighborhood. • Lot coverage for new construction should be reduced, with a sliding scale based upon the size of the lot (ranging from 30% for the smaller lots to 15% for larger lots). • Unit sizes should also be reduced and proportional based on the size of the lot (ranging from 36 % for smaller lots to 30% for larger lots). These numbers are based on a review of existing home sizes, whereby the above numbers were calculated as exceeding 75% of the existing home unit sizes. • Higher allowances for lot coverage and unit size should be allowed as an incentive to retain an architecturally significant home. • Heights should be measured from flood elevation. 23 feet for lots less than 60' in width for a flat roof and 26 feet for a sloped roof, and should not be increased by the ORB. • Roof decks should be eliminated where the width of the front property line is less than 150 feet wide. • Roof decks could be offered as an incentive to retain a home when the lot size is greater than 50 feet, with a limitation of 250 square feet, with limitations on structures allowed above the roof line. In addition to these focus group meetings, public meetings were held on September 3, 2013 with the Design Review Board and on September 10, 2013 with the Historic Preservation Board. Design Review Board Discussion (including Board and public comment-Sept. 3rd): • We are a young city and need to preserve our history. • Concerns were expressed with the size and placement of homes. • New Construction should be compatible with existing homes. • Lot coverage is punitive and ORB should be able to grant more lot coverage. • Historic Preservation should be balanced by individual property rights. • Garages and roof decks should be counted in the unit size. • Need to identify how a home gets to the point where it is no longer repairable. • Need better incentives to restore a property. • Guidelines are not tight enough and too vague. • Tax breaks are too minimal and need to give homeowners a reason to improve. • Larger lots should have a smaller house 448 Commission Memorandum Oversized Single Family Homes -Focus group and public meetings summary of comments December 11, 2013 • Incentives are great but need more regulations on the sides and rear of homes. • Second floor should be a percentage of the first floor. • Roof-top decks are a problem Historic Preservation Board Discussion (incl. Board and public comment -Sept. 1Oth): Page 3 of 4 • New regulations should be compared to existing homes that are considered overbuilt to see if there would be any change vs. the new regulations. The new regulations may not be good enough. • Possible demolition of significant homes should be in the hands of the HPB and not the ORB. • Incentives are not great, but there is no real substance. • Need to understand the dynamic that is causing demolition. • Just because a building was built in the 20's or 30's does not mean it needs to be preserved. • The HPB does not have the legal power to legislate on these items. Tax incentives do not belong before the HPB. • Demolition has increased because there has been a pent-up demand in the real estate market and it should not be a cause for alarm. • Older homes were part-time vacation homes and don't satisfy current needs. • Should look to the Coral Gables model to preserve significant homes. Land Use and Development Committee Workshop -September 23, 2013 • Older homes were part-time vacation homes and don't satisfy current needs. • Should look to the Coral Gables model to preserve significant homes. • Emmanuel Sebag -agree on objectives. Rules do not promote good architecture. Too much uncertainties in current code. Concerns with proposals on massing, heights. • Julian Johnston -Preserving an existing home built in 1926 • Kathy Burman -Parents are longtime residents. Concerned with trying to sell existing home, and impact that the demolition moratorium has had on the ability to sell. • Gordon Loader-Proposed amendments should be implemented quickly. • Jo Manning -Discusses issue of government regulation and property rights. Supports proposed regulations, as they will further compatibility. • Daniel Giraldo -Discusses the built environment. Supports compromise proposal before the LUDC. • Kent Robins-Proposed regulations are conservative. Believes purpose of ordinance is to protect current property owners values. • Terry Beinstock-Discusses importance of neighborhoods. • Jaimie Rubinson -Concerned with details of the Ordinance. Specifically, issue of lot sizes and what was original vs. what is on the site. Importance of emphasizing that size of existing house can be replicated. Also has a concern with large, incompatible additions to original homes. • Nelson Gonzalez-Believes ordinance needs a lot of fine tuning. • Gary Appel -Believes there are good incentives in the Ordinance. For own has retention and addition required a lot of variances. Ordnances would remove that burden for retention of homes. SF neighborhoods are different. Protection of QOL of neighborhood important. • Michael Larkin -Lack of homeowner outreach. Believes most homeowners do not know about 'property rights' being diminished. Also addresses issue of flood insurance subsidies. On architecturally significant criteria, believes that criteria should be fine-tuned as current criteria too broad. Also has issue with compatibility criteria of 375 feet. 449 Commission Memorandum Oversized Single Family Homes -Focus group and public meetings summary of comments December 11, 2013 Page 4 of 4 • Catherine Rodstein -Has a 1938, 1 story home (spent over 300k enhancing). Now has 2 large modern hoses flanking her. Concerned with the incompatibility of new homes with established context. Appropriate determination 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 has 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 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-Notes that she was born and raised in Miami Beach and promotes the City on a daily basis. Also notes that no City gets the same dollar per sq ft that Miami Beach does. • Peter Luria -Lives in a pre-1942 home, but the proposed ordinance is not necessary. Suggests that oversized homes should be integrated into the discussion. • Joel Simmons -Reads 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. T:\AGENDA\2014\January\Architecturally Significant SF Incentives-Focus group and public meetings summary of comments.docx 450 ------·--·---·--- ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOME RETENTION INCENTIVES ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY REVISING THE STANDARDS AND REVIEW REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS AND MODIFICATIONS TO PROPERTIES THAT CONTAIN AN ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOME NOT LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (City) places a strong emphasis on the retention and preservation of existing, architecturally significant single family homes; and WHEREAS, the Mayor and City Commission have deemed it in the best interest and welfare of the City to adopt revised requirements, standards and procedures for the review of new construction, additions and modifications to Architecturally Significant single family homes located outside of a designated historic district; and WHEREAS, the Mayor and City Commission deem it appropriate to incentivize the retention of Architecturally Significant single family homes, in order to acknowledge, protect and preserve the significant architectural history, existing building scale, and unique character of the single family residential neighborhoods in Miami Beach; and WHEREAS, the City of Miami Beach Historic Preservation, Design Review and Planning Boards strongly endorse the proposed amendments to the Single Family Residential Districts Section of the Code; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District Regulations," Division 2, "Single Family Residential Districts," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS 1 451 Sec. 142-108. · Provisions for the demolition of single-family homes located outside of historic districts. (a) Criteria for the Demolition of an ArchitecturaJJv Significant Home. Pursuant to a request for a permit for partial or total demolition of a home constructed prior to 1942, the planning director, or designee, shall, or independently may, make a determination whether the home is architecturally significant according to the following criteria: (1) The subject structure is characteristic of a specific architectural style constructed in the city prior to 1942, including, but not limited to Vernacular, Mediterranean Revival, Art Deco, Streamline Moderne, or variations thereof; (2) The exterior of the structure is recognizable as an example of its style and/or period, and its architectural design integrity has not been modified in a manner that cannot be reversed without unreasonable expense. (3) Significant exterior architectural characteristics, features, or details of the subject structure remain intact. (4) The subject structure embodies the scale, character and massing of the built context of its immediate area. The date of construction shall be the date on which the original building permit for the existing structure was issued, according to the City of Miami Beach Building Permit Records. If no City Building Permit Record exists, the date of construction shall be as determined by the Miami- Dade County Property Appraiser. All requests for a determination as to the architectural significance of any single-family home constructed prior to 1942 shall be in writing, signed by the property owner, stating specifically the reasons asserted for the requested determination and shall include a copy of the building card, current color photos of the home, and any microfilm on record, and two sets of mailing labels, with the names and addresses of all property owners of land located within 375 feet of the exterior boundary of the subject property, and an original certified letter stating that the ownership list and mailing labels are a complete and accurate representation of the real property and property owners within 375 feet of the subject property; such letter must be dated and give the address of the subject property and its legal description, subdivision and plat book number and page and state the source for this information. Within five days of the receipt of a request, the planning department shall post a notice on the subject site and notice shall be given by mail to the owners of record of land lying within 375 feet of the property; the mail notification requirement shall be the responsibility of the applicant and must be completed within three days of the receipt of the notice. Within ten days of posting the notice, interested persons may submit information to the planning director to take into consideration in evaluating the request. The director shall file the decision with the city clerk. (b) Appeals. The applicant or any property owner within 375 feet of the subject single-family home may appeal the decision of the planning director, or designee, which shall bear the 2 452 presumption of correctness, pertaining to the architectural significance of a single-family home, within ten days of the rendering of such decision. No demolition permit may be issued within any appeal period, and if an appeal is filed, while the appeal is pending. The appeal shall be in writing, shall set forth the factual, technical, architectural, historic and legal bases for the appeal, and shall be to the design review board (ORB). (c) [Pre-application conference.] An applicant may have a pre-application conference with the planning director, or designee, prior to the submission of a request or an application to discuss any aspect of this section. Such pre-application conference and any statements by the planning director, or designee, shall not create any waiver of, or estoppel on, the requirements of, or any determination to be made, under this section. (d) Total demolition procedures for a pre-1942 home. (1} A building permit for the total demolition of any single-family home constructed prior to 1942 shall only be issued following the final determination (after the expiration of time or exhaustion of all appeals) by the planning director, or designee, or the DRB, that the subject structure is not an architecturally significant home. A property owner may proceed directly to the ORB, pursuant to subsection 142-1 OB(g}; in this instance, a demolition permit shall not be issued until a full building permit for new construction has been issued. (2) A request for such determination by the planning director, or designee, shall be processed by the planning department within ten business days of its submission. (3) In the event the planning director, or designee, determines that a single-family home constructed prior to 1942 is architecturally significant, a demolition permit shall require the review of the ORB. The DRB shall explore with the property owner reasonable alternatives to demolition such as, but not limited to, reducing the cost of renovations, minimizing the impact of meeting flood elevation requirements, and designating the property as an historic structure or site. The DRB shall not have the authority to deny a request for demolition. (e) Partial demolition procedures for an architecturally significant home. (1) A building permit for partial demolition to accommodate additions or modifications to the exterior of any architecturally significant single-family home constructed prior to 1942 shall be issued only upon the prior final approval by the planning director, or designee, unless appealed as provided in subsection (3) below. A property owner may decide to proceed directly to the ORB, pursuant to subsection 142-108(g), or agree to have the partial demolition reviewed and approved by staff, pursuant to subsection 142-108(e)(4); in either instance, a demolition permit shall not be issued until a full building permit for new construction has been issued. (2) An application for such approval shall be processed by the planning department, as part of the building permit process. 3 453 (3) An appeal of any decision of the planning department on such applications shall be limited to the applicant, shall be in writing, shall set forth the factual and legal bases for the appeal, and shall be to the DRS. (4) Review of applications for partial demolition shall be limited to the actual portion of the structure that is proposed to be modified, demolished or altered. Repairs, demolition, alterations and improvements defined below shall be subject to the review and approval of the staff of the design review board. Such repairs, alterations and improvements include the following: a. Ground level additions to existing structures, not to exceed two stories in height, which do not substantially impact the architectural scale, character and design of the existing structure, when viewed from the public right-of- way, any waterfront or public parks, and provided such ground level additions 1. Do not require the demolition or alteration of architecturally significant portions of a building or structure; 2. Are designed, sited and massed in a manner that is sensitive to and compatible with the existing structure; and 3. Are compatible with the as-built scale and character of the surrounding single-family residential neighborhood. b. Roof-top additions to existing structures, as applicable under the maximum height requirements specified in Chapter 142 of these Land Development Regulations, which do not substantially impact the architectural scale, character and design of the existing structure, when viewed from the public right-of-way, any waterfront or public parks, and provided such roof-top additions: 1. Do not require the demolition or alteration of architecturally significant portions of a building or structure; 2. Are designed, sited and massed in a manner that is sensitive to and compatible with the existing structure; and 3. Are compatible with the as-built scale and character of the surrounding single-family residential neighborhood. c. Replacement of windows, doors, roof tiles, and similar exterior features or the approval of awnings, canopies, exterior surface colors, storm shutters and exterior surface finishes, provided the general design, scale, massing, arrangement, texture, material and color of such alterations and/or improvements are compatible with the as-built scale and character of the subject home and the surrounding single-family residential neighborhood. Demolition associated with facade and building restorations shall be permitted, consistent with historic documentation. d. Facade and building restorations, which are consistent with historic documentation, provided the degree of demolition proposed is not 4 454 substantial or significant and does not require the demolition or alteration of architecturally significant portions of a building or structure. e. Demolition and alterations to address accessibility, life safety, mechanical and other applicable code requirements, provided the degree of demolition proposed is not substantial or significant and does not require the demolition or alteration of architecturally significant portions of a building or structure. f. The demolition and alteration of rear and secondary facades to accommodate utilities, refuse disposal and storage, provided the degree of demolition proposed does not require the demolition or alteration of architecturally significant portions of a building or structure. g. The demolition of non-architecturally significant accessory buildings. (f) Issuance of demolition permits for architecturally significant homes. (1) Emergency demolition orders. This section shall not supersede the requirements of the applicable building code with regard to unsafe structures and the issuance of emergency demolition orders, as determined by the building official. (2) A demolition permit for the total demolition of an architecturally significant single- family home constructed prior to 1942, shall not be issued unless a full building permit for new construction has been issued. (g) New construction requirements for properties containing a single-family home constructed prior to 1942. (1) In addition to the development regulations and area requirements of section 142- 105, as well as section 118-252, of the land development regulations of the City Code, the following regulations shall apply in the event the owner proposes to fully or substantially demolish an architecturally significant single-family home constructed prior to 1942, inclusive of those portions of a structure fronting a street or waterway. In the event of a conflict between the provisions of section 142-1 05 and section 118-252, and the regulations below, the provisions herein shall control: a. The design review board (ORB) shall review and approve all new construction on the subject site, in accordance with the applicable criteria and requirements of chapter 118, article VI, section 251(a)1-12 of the land development regulations of the City Code. b. The ORB review of any new structure, in accordance with the requirements of chapter 118, article VI, shall include consideration of the scale, massing, building orientation and siting of the original existing structure on the subject site, as well as the established building context within the immediate area. c. 1. Lot coverage requirements for a 2-story home. The overall lot coverage of proposed new buildings or structures shall not exceed the 5 455 building footprint of the original structure on site, or shall be limited to the following, whichever is greater, based upon the overall size of the subject lot: i. For lots 10,000 square feet or less, the lot coverage shall not exceed 30 percent; ii. For lots greater than 10,000 square feet, but less than 25,000 square feet, the lot coverage shall not exceed 25 percent; iii. For lots 25,000 square feet or greater, the lot coverage shall not exceed 15 percent. 2. Lot coverage waiver by the ORB. The ORB may fe.F§e-increase the above noted lot coverage restrictions for lots greater than 25,000 square feet, not to exceed 25%, if it concludes ti1at the retention of the architecturally significant single-family home is not practical or feasible, in which case the ORB review of any request for demolition shall consider the criteria in subsection (a) herein, as well as the following criteria: i. Whether good cause for the demolition of the structure has been shown. ii. Whether pertinent economic and financial considerations that affect the ability of the owner to renovate, restore and add on to the structure. iii. Whether the structural condition of the single-family home or other factors affect the feasibility of renovating, repairing or restoring the structure. iv. Whether the layout and mass of the proposed replacement structure demonstrates a high level of compatibility with the established building context within the immediate area. d. Lot coverage requirements for a single story home. ln the event a new home does not exceed one-story in height, the lot coverage shall not exceed 35 percent of the lot area; at the discretion of the DRB, the lot coverage may be increased to a maximum of 50 percent of the lot area, if the DRB concludes that the one-story structure proposed results in a more contextually compatible new home. fEar purposes of this section, a one-story structure shall not exceed ~1§__feet in height as measured from minimum flood elevation. A restrictive covenant, in a form acceptable to the City Attorney, shall be required, ensuring, for the life of the structure, that a 2nd story is not added. e. Lot coverage requirements for lot splits and lot aggregations. The above regulations shall also be a limitation on development in all lots within a single site that may be split into multiple lots or multiple lots that are 6 456 aggregated into a single site, at a future date. When lots are aggregated, the greater of the footprint permitted by the lot coverage regulations, or the footprint of the larger home, shall apply. (2) Regulations for additions to architecturally significant homes which are substantially retained and preserved. In addition to the development regulations and area requirements of section 142-105, of the land development regulations of the City Code, the following shall apply in the event an architecturally significant single-family home constructed prior to 1942 is substantially retained and preserved. In the event of a conflict between the provisions of section 142-1 05~ 142-106 and section 118-252, and the regulations below, the provisions herein shall control: a. Review Criteria. The proposed addition and modifications to the existing structure may be reviewed at the administrative level, provided that the review criteria in Section 142-105 have been satisfied, as determined by the Planning Director or designee. The design of any addition to the existing structure shall take into consideration the scale, massing, building orientation and siting of the original structure on the subject sitec, and shall be subject to the review and appro•,ral of the planning department, in aaoordanae with the desi§n re•;ie'N criteria in chapter 118, artiole VI, of the land dovolopA1ont regulations of the City Code. b. Lot Coverage. The total lot coverage may be increased to, but shall not exceed de-40 percent, and may be approved at the administrative level, provided that the review criteria in Section 142-105 have been satisfied, as determined by the Planning Director or designee. In the event the lot coverage of the existing structure exceeds 35 percent, no variance shall be required to retain and preserve the existing lot coverage and a second level addition shall be permitted, provided it does not exceed 60 percent of the footprint of the existing structure; no lot coverage variance shall be required for such addition. c. Unit Size. The total unit size may be increased to, but shall not exceed 60 percent, and may be approved at the administrative level, provided that the review criteria in Section 142-1 05 have been satisfied, as determined by the Planning Director or designee. d. Heights for RS-3 and RS-4. For lots zoned RS-4 with a minimum lot width of 60 feet, or lots zoned RS-3, the height for ground level additions not to exceed 50% of the lot coverage proposed, may be increased up to 26 feet for a flat roofed structure and 29 feet for a sloped roof structure (as measured to the mid-point of the slope) above the minimum required flood elevation, and may be approved at the administrative level, provided that the review criteria in Section 142-1 05 have been satisfied, as determined by the Planning Director or designee. 7 457 e. Heights for RS-1 and RS-2. For lots zoned RS-1 or RS-2, the height for ground level additions not to exceed 50% of the lot coverage proposed may be increased up to 30' feet for a flat roofed structure and 33 feet for a sloped roof structure (as measured to the mid-point of the slope} above the minimum required flood elevation, and may be approved at the administrative level, provided that the review criteria in Section 142-105 have been satisfied, as determined by the Planning Director or designee. f. Courtyards. The minimum courtyard requirements specified in Section 142-106 {2).d may be waived at the administrative level, provided that the review criteria in Section 142-1 05 have been satisfied, as determined by the Planning Director or designee. g. Front setback. Two-story structures or the second floor may encroach forward to the 20-foot front setback line, and may be approved at the administrative level, provided that the review criteria in Section 142-1 05 have been satisfied, as determined by the Planning Director or designee. h. Second flooi_ requirements. The maximum second floor area of 70% specified in Section 142-105(b)(3)c may be waived at the administrative level, provided that the review criteria in Section 142-105 have been satisfied, as determined by the Planning Director or designee. i. 2-story ground level additions. The construction of a ground floor addition of more than one story shall be allowed to follow the existing interior building Jines, provided a minimum side setback of 5 feet is met, and may be approved at the administrative level, provided that the review criteria in Section 142-105 have been satisfied, as determined by the Planning Director or designee. j. Projections. Habitable additi~ms to, as well as the relocation~ architecturally significant structures, may project into a required rear or side yard for a distance not to exceed 25 percent of the required yard, up to the following maximum projections: i. Interior side yard: 5' ii. Street side yard: 7'-6" iii Rear yard: 15' k. Fees. The property owner shall not be required to pay any city planning or public works department building permit fees associated with the renovation and restoration of the existing single-family home; except that any and all non-city impact fees and other fees shall still be required. I. The above regulations shall also be applicable to: --~~~-__ any single-family home designated as an historic structure by the historic preservation board. ii. any single family home constructed prior to 1966, if the owner voluntarily seeks a determination of Architectural Significance and if such 8 458 home has been determined to be Architecturally Significant in accordance with Section 142-1 08{a). (3) Appeals. An appeal of any decision of the ORB shall be to a special master appointed by the city commission, in accordance with the procedures set forth in subsection 118-537(b) of these land development regulations. Thereafter review shall be by certiorari to the circuit court. (h) Exceptions. The following areas of work shall not require determinations of the planning director, or designee, under this section: interior demolitions including plumbing, electrical and mechanical systems, and renovations to the exterior of non-architecturally significant structures. (i) New construction procedures for single-family homes demolished without required approvals or permits. For those properties where a single-family home constructed before 1942 was demolished without prior approval of the planning department, the design review board or the single-family residential review panel, and without the required permits from the building official, in addition to any other applicable law in this Code or other codes, the following shall apply prior to the issuance of any building permit for any new construction on the subject site: (1) Purpose. The purpose of this subsection is to ensure that any new construction on the site where a single-family home constructed prior to 1942 was demolished without required approvals or permits is consistent with the scale, massing, density, location and height of that structure which previously existed on site prior to the unpermitted demolition. Where used in this section, the words "without all required permits", "without prior approval", "without required permits or approval" shall not be defined to include demolition as a result of forces beyond the control of the landowner such as, for example, windstorm, flood, or other natural disaster. (2) The design review board shall have jurisdiction to review and approve all new construction on the subject site, in accordance with the criteria listed in section 118-251 and this section. (3) Upon the finding that the demolition of any single-family home constructed prior to 1942 was without following the procedures of this section or without all required permits, any new construction on the same site shall be limited to the overall square footage, building footprint, height and location of that which previously existed on site prior to the unpermitted demolition, to the greatest extent possible in accordance with the applicable building and zoning codes. (4) In the event the design review board determines that the single-family home demolished without required approval or permits was architecturally significant, based upon the criteria in subsections 142-1 08(a)(1 )-(3) herein, the board shall require that the new structure be designed and constructed to match the exterior design and architectural details of the original structure demolished to the greatest extent possible in the same location, in accordance with all available documentation and in accordance with the applicable building and zoning codes. 9 459 (5) In the event the applicant endeavors to construct a new home on multiple, combined lots, and one of the lots contained the subject building demolished without required permits and approval, construction of the new home to match the exterior design and architectural details of the original home shall only occur on the Jot on which the demolished home was situated. Separate new homes, which are not attached in any way to the lot on which the demolished home was situated, may be constructed on the remaining lots without approval from the design review board. (6) In the event the owner of a single-family home constructed prior to 1942, which has been demolished without required permits or approvals, can establish good cause, the design review board may relieve the property owner of some or all of the limitations on new construction herein. The requirement of good cause shall be satisfied where the unauthorized demolition was solely the result of intentional or negligent acts of a duly licensed contractor or other third parties, and the owner had no role in and knowledge of the unauthorized demolition. (7) In the event a single-family home constructed prior to 1942 is demolished without prior approval of the planning department, the design review board or the single- family residential review panel, and without the required permits from the building official, in addition to any other applicable law in this code or other codes, the city shall document such demolition, and the applicable requirements and procedures for any new construction delineated herein, for recording in the public records of Miami-Dade County, to give notice to subsequent purchasers of the property. (8) No variances shall be granted by the board of adjustment from the requirements of section 142-108 except those variances which may be required to reconstruct the original structure demolished without required approvals or permits. (9) Fees. The fee schedule below is provided to defray the costs associated with the administration of this subsection. All applications to the design review board for the review of new construction as described herein shall require the following fees, upon the submission of an application to the planning department: a. Any application requiring a hearing before the board for design review approval shall require a base fee plus a fee per square feet of floor area as provided in appendix A. b. If a deferment or clarification hearing is requested by the applicant, an additional fee as provided in appendix A shall be assessed. c. If a deterFAine continuance or clarification of conditions is requested by the board, there will be no additional fee. d. If the applicant removes a file from the agenda after it has been accepted by the planning department, the city shall retain 50 percent of the application fee. e. Any after-the-fact application shall incur triple fees. 10 460 1. Notwithstanding the above provision, the design review board may adjust the after-the-fact fee based on good cause shown. The request for a fee adjustment shall be in writing and shall be part of the design review board application. The adjusted after-the-fact fee shall not be less than the regular application fee. 2. The request shall be part of the design review board application. f. Revisions to plans previously approved by the board shall require a base fee as provided in appendix A plus one-half of the original fee. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of _______ , 2014. ATTEST: CITY CLERK First Reading: January 15, 2014 Second Reading: February_, 2014 Verified by: ____________ _ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 1/3/1412/31/2013 MAYOR T:\AGENDA\2014\January \Architecturally Significant Single Family Home Retention Incentives-ORO 1st Read.docx 11 461 zgp I )( i 11 ~111 lim iJJfl fi !i ~~1111~ ~~~,i ~~-~~ ~~~~ ji~ RJrf• !itlii i! fi ~~~ ::> ~ it §It ~ ~ li ·; 1s i i; e' is s.j ~ f~;:s ~~ l.wi .; t~"'rJ~~ ~s ~s ·• > m ; ., If. Lr ~~ -· I Jl!f bh !hii aik ~d mH u. n ~~ ti h )> ~ S sr 2. f h Ui ii II Jf ll g~!sl c!~ ~~~~: 'J ~~~ ~~i. ~~~.. i I ~ 0 . i ~~~ iH H ~~ ~.~ !!ii~ !!J !ii! ~!! iii l!~li !if!t ! ~ i J: CD g J{l !9 ~~ li ~~ ~~ij! Ji~ .. ,~ii j1; Jl ii~i~ gi:~§~ ! '"I :lli .... S?f l.i Jil ~ i!i ~!f_ ~h ;I h·gu ~ i fi ;; n ;§ i 1m~ tu Uii ~n ,:1 ~~ii! iJj~~ i ~ , ~~ t I I "t.. '~; il' .i I;DJII !fl I IIi f~. i h·· '1~1~ ~ I ~~ j h I Ii l; i I i)lii I•! J.J! jh ji "il1 i,tl ! j ~ li i lhi b ~~~· I I Mh ~~~ li~J ~~~ i! ~~~~~ hlh I ! I ]~ ~~ r' J' -~ l~if' rlj ~~~ ~til ri i~ i arJ1r I r 'a I u d 11 il I J ;h~l 1 ~ n.~ u. §i dn mrJ. ' I i ....___ ______________ ___."' T 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 11th Streets, 141h and 15th Streets and 17'h 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 Summa /Recommendation: FIRST READING PUBLIC HEARING The proposed Ordinance would create an historic district overlay buffer for those portions of the Alton Road corridor between 61h and 11th Streets, 141h and 15th Streets and 1ih 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 February_, 2014. Advisory Board Recommendation: On August 24, 2010, 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 Sign-Offs: Department Director Assista~.t.fity Manager ........... ...... vtlAY~ :\AGENDA\2014\January\Aiton Road Bu~ay ~~Read.~ MIAMI BEACH 463 infill development and by / I City Ptfanager ,~ ' AGENDA ITEM DATE Rs&- 1-lr:-L~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl gov TO: FROM: COMMISSION MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manager theCity~n DATE: January 15, 2014 FIRST READING SUBJECT: Alton Road Historic District Buffer 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 February_, 2014. 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 14 1h Street in order to protect the character of the adjacent National Register Historic District as well as the historically significant but yet unprotected properties along this stretch of Alton Road. It was noted by the board that recent commercial development trends along Alton Road could significantly adversely impact the quality of life and historic integrity of the National Register Historic District thereby undermining the cultural tourism appeal and quality of life of the city. At the same time the Historic Preservation Board requested the Planning Department to initiate a major planning study of the Alton Road Corridor, including both sides of the road between 51h Street and Michigan Avenue, which should include an analysis and 464 Commission Memorandum Alton Road Buffer Overlay January 15, 2014 Page 2 of 7 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 resulted in several additional amendments to the proposed ordinance. The Planning 465 Commission Memorandum Alton Road Buffer Overlay January 15, 2014 Page 3of 7 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 ih public hearing, specifically amendments dealing with land use restrictions, may require a different type of notice to property owners than was provided for the previous public hearings. To avoid any legal challenges, the overlay district was brought back to the Planning Board in the same form as it was approved in November, 2009, with 30-day notice mailed to all property owners in and within 375 feet of the proposed overlay district. On February 25, 2010, the Land Use and Development Committee discussed the proposed Alton Road Historic District Buffer Overlay. The Committee recommended that the ordinance be approved, and indicated that it does not need to come back to them unless there is a major material change made by the Planning Board. On April 27, 2010, the Planning Board held a second public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. The Planning Board voted 5 -0 to recommend approval of the ordinance with an amendment that deleted the "no variances" provision. Subsequently, at their meeting on May 25, 2010, the Board voted 3 -2 to reconsider their recommendation and to schedule the item for rehearing. On August 24, 2010, the Planning Board held a third public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. Based on objections from commercial property owners who were not present during the first two hearings, the Board voted separately on each of several amendments to the ordinance. Individual amendments that were approved by the Planning Board have been incorporated into the ordinance. However, a final vote to recommend approval of the entire ordinance, as amended, failed by a vote of 3-2 (four affirmative votes are required to approve a request that requires City Commission approval). On November 1, 2010, the Administration hosted a meeting between attorneys representing certain property owners who objected to the ordinance and representatives from the neighborhoods in an attempt to forge a compromise on several limited points of disagreement. As a result of that meeting, the Administration is proposing an alternate version of the ordinance that we believe satisfies the most critical objections from both sides; while at the same time it represents sound planning principles and the interests of the city-at-large. A summary chart of the disputed issues and proposed changes to the ordinance is enclosed as Attachment A, and each issue is discussed in the analysis below. On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and City Commission continued the first reading to the January 19, 2011 meeting and referred the item to the Land Use and Development Committee for discussion. The LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011. On May 18, 2011 the LUDC moved the ordinance to pending items based upon failure of various stakeholders to agree on details of the proposed Alton Road Historic District Buffer Overlay district. On January 23, 2013, the Ordinance was transmitted by the Land Use Committee to the full City Commission with a favorable recommendation. On June 5, 2013, the City Commission discussed the proposed Ordinance at First Reading, and continued the item to a date certain of October 16, 2013. On October 16, 2013, the item was continued to 466 Commission Memorandum Alton Road Buffer Overlay January 15, 2014 Page 4 of 7 the December 11, 2013 City Commission meeting. On December 11, 2013, the item was continued to a date certain of January 15, 2014. ANALYSIS The purpose of the Alton Road -Historic District Buffer Overlay District is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned 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 467 Commission Memorandum Alton Road Buffer Overlay January 15, 2014 Page 5 of 7 single family districts, the 23 feet height limit will also ensure a compatible transition in the rear portion of the commercial property. The administration has an alternative 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 CD- 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 fa9ades of buildings to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district. This could be accomplished by such things as small variations in setbacks, window placement, or vertical and horizontal design elements on the fa((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 468 Commission Memorandum Alton Road Buffer Overlay January 15, 2014 Page 6of 7 one third of the floor area of the store. Based upon objections from property owners, the current Administration recommended ordinance deletes the language limiting the loft or mezzanine to one third of the floor area, and replaces it with language permitting "a second floor within a ground floor commercial space, if it functions as one single contiguous establishment and is only accessible to the public through the contiguous ground floor commercial space." This would allow two full floors inside any given retail store, similar to CB2 or Borders book stores, but it would not allow multilevel shopping centers. No alcoholic beverage establishment, entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel guests may use these areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. No variance to this provision would be permitted. In accord with the objective of encouraging locally oriented retail and service uses that are compatible in scale and character with the historic districts, the overlay district requires conditional use approval for any individual retail, restaurant, bar, entertainment establishment or similar establishment in excess of a certain size threshold. The Planning Dept. conducted a detailed survey of businesses in the Alton Road corridor and determined that a threshold of 5,000 sq. ft. generally separates businesses that primarily serve the neighborhood population from businesses that primarily serve the entire city and beyond. To provide a generous margin of error, staff doubled the recommended threshold to 10,000 sq. ft. for conditional use approval. The Planning Board changed the conditional use threshold from 10,000 sq. ft. to 20,000 sq. ft. by a 4-2 vote at their meeting on August 24, 2010, based upon objections from property owners. The Administration's recommendation is to keep the original threshold of 10,000 sq. ft. per establishment for conditional use approval based upon the analysis conducted by the Planning Department. A majority of the discussions during the community workshops and Planning Board meetings centered upon the blocks between 6th and 11th Streets. However, it was noted that there is an incompatible scale relationship between the CD-2 zoning district and adjoining RS-4 single family zoning districts located in the 1400 block and the 1700 block. Down-zoning to CD-1 was considered for these two blocks, but the Planning Department recommends that the proposed overlay district will provide a more effective buffer than CD-1 due to the height and setback regulations in the overlay district. At their August 24, 2010 meeting, the Planning Board voted 5-1 to remove lots 15 and 16 from the overlay district (northeast corner of 17 Street and Alton Road). PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on 3 separate occasions, as noted hereto: 1. On November 17, 2009 the Board recommended approval by a vote of 5 to 0. 2. On 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 469 Commission Memorandum Alton Road Buffer Overlay January 15, 2014 Page 7of 7 impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. By nature, a zoning district amendment does not have direct costs to the City, but it may affect long term revenue from property tax, sales tax and other revenue streams. Although some property owners have argued that the proposed overlay zoning will diminish their property values, the Administration believes that this is claim is highly speculative, especially if the Administration's alternate ordinance is adopted. The Administration's proposal would preserve all of the most valuable development rights on each parcel, with the exception of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this is a bonus and not as-of-right floor area, it is difficult to say whether any real development would be sacrificed. There are no existing buildings in the district that have used this bonus. Counterbalancing any potential loss of development rights on private property is the companion ordinance creating Parking District #6, which will reduce minimum parking requirements thereby creating significant savings to private property owners in the cost of providing parking spaces. This ordinance is also expected to generally enhance property values throughout the neighborhood by permitting appropriately scaled infill development and by 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. On October 16, 2013, the subject Ordinance was continued to the December 11, 2013 Commission meeting. On December 11, 2013 the item was continued to a date certain of January 15, 2014. 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. Additionally, the Administration has re- evaluated the proposal to remove the maximum floor area ratio (FAR) bonus for mixed- use projects in the CD-2 districts. Currently, the maximum FAR in CD-2 zoned properties within the proposed overlay district is 1.5, and if more than 25% of a development project consists of residential uses, the maximum FAR is 2.0. The Administration believes that the proposal to remove this 2.0 FAR allowance for mixed use buildings in proposed overlay district would be counterproductive and potentially, discourage the inclusion of residential uses in development projects. Further, as indicated herein, FAR alone does not define a building envelope that is compatible with the adjacent historic district. The proposed height and setback regulations included in the overlay regulations actually go a much longer way in achieving this goal. CONCLUSION The Administration recommends that the City Commission: 1. Approve the subject Ordinance at First Reading, and set a Second Reading Public Hearing for February, 2014; 2. Prior to 2nd Reading, Section 142-859(a) of the proposed Ordinance shall be deleted, and the Ordinance re-numbered accordingly. JLM/JGG/RGL!TRM T:\AGENDA\2014\January\Aiton Road Buffer Overlay-MEM 1st Read.docx 470 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 471 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 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; 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 retall 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 61h Street to 11th Street. (2) Area 2 shall be those properties fronting on the east side of Alton Road from 14th Street to 151h Street. (3) Area 3 shall be those properties fronting on the east side of Alton Road from 1 th Street to the Collins Canal. 2 472 (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. 3 473 (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 orooerties. 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. (D Land Use: Main permitted uses. conditional uses and accessorv 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 multifamlly (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. 4 474 SECTION 2. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _______ , 2014. ATTEST: CITY CLERK First Reading: Second Reading: I January 15, 2014 February_, 2014 Verified by:--------- Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2014\.January\Aiton Road Buffer Overlay· ORO 1st Read.docx 5 475 MAYOR APPROVED AS TO F M AND LANGUAGE & FOR E E UTION Date 476 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including April 30, 2014; Providing For Repealer; Severability; Codification; And An Effective Date. K~y Intended Outcome Supported: Increase satisfaction with recreational programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates ~5% of residents rated the City's Recreation programs as either excellent or good. Item Summary/Recommendation: SECOND READING-PUBLIC HEARING The Off-Leash area which is currently operating under a "Pilot Program" was scheduled to sunset on December 31, 2013. At the December 11th, 2013 Commission Meeting a motion was passed that for the next 120 days leave the off-leash dog area at the lighthouse location; during the 120 days, the Administration will bring to the Design Review Board a hedge at an alternate location with applicable seating at the alternate location and bring it back to Commission. The Administration recommends: 1) Approving the ordinance. Advisory Board Recommendation: Financial Information· Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: n-Offs: Department MIAMI BEACH 477 Account AGENDA ITEM DATE ---~ C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Members o the Cny cj,m~i~sion Jimmy L. Morales, City Manager . ~ January 15, 2014 SEC 0 R DING-PUBLIC HEARING AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, MENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10- 11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING APRIL 30, 2014; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) Approving the ordinance. INTRODUCTION The Off-Leash area which is currently operating under a "Pilot Program" was scheduled to sunset on December 31, 2013. At the December 11 1h, 2013 Commission Meeting a motion was passed that for the next 120 days to leave the off-leash dog area at the lighthouse location and furthermore; during the 120 days, the Administration will bring to the Design Review Board a hedge at an alternate location with applicable seating at the alternate location and bring it back to Commission. BACKGROUND There are presently a total of five fenced dog parks and one designated off-leash area within the City's parks. These include Belle Isle, Flamingo, North Shore Open Space Park, Pinetree, South Pointe (un-fenced/off-leash area) and Washington Avenue (two sites). One of the initial discussion issues focused on the development of a dog park within South Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington Avenue, Pinetree, or Belle Isle, or one without a fence. The conclusion of the discussion was to build-out a larger dog park on Washington Avenue, diagonal from the then-existing dog park on Collins Avenue and 2nd street. It was also recommended that the City look at whatever amendments would be needed to permit a pilot, off-leash area in a designated section of South Pointe Park, with limited hours of use. The designation of an off-leash area was not only prohibited by City Code, but it was also prohibited by County Code. • September 9. 2009, the City Commission approved, on second reading, an Ordinance amending Chapter 10 of the Miami Beach Code entitled "Animals" to allow the City Commission to designate specific off-leash areas for dogs in public parks, specifically for South Pointe Park. The action established morning off-leash hours (park opening (sunrise) to 9:00 A.M.) only in a specific, unenclosed area of South Pointe Park located in the triangular area where the public art was scheduled to be sited (south and west of the Washington Avenue entry plaza). The item was amended to clarify that a South 478 Pointe Park Dog Off-leash Pilot Program would be for a trial period of six months, commencing only if/when Miami-Dade County amended Section 5-20 of their Code pertaining to animals. At the time of the City Ordinance approval, County Code prohibited dogs off leash except in authorized park areas. • May 4, 2010, the Miami-Dade County Commission adopted the ordinance amendment at their Board of County Commissioners meeting amending Section 5-20 of their Code pertaining to animals. There have been several City Commission and City Commission Committee actions taken to effectuate the South Pointe Park Dog Off-leash Pilot Program since it began on June 10, 2010. One of the recent discussions transpired at the March 13, 2013, City Commission meeting. At this meeting the ordinance extending the South Pointe Park Dog Off-leash Pilot Program through and including June 30, 2013, was presented for second reading and public hearing. At the conclusion of the discussion a motion was made to bring back the ordinance on first reading with the following amendments: 1) Change the location of the off-leash dog area back to the lighthouse area (its original location); 2) Amend the currently authorized afternoon off-leash hours in the designated area from between 4:00 P.M. and 7:00 P.M. to between 6:00 P.M. and 9:00 P.M., Monday through Friday; 3) The existing morning hours (sunrise to 10:00 A.M.) remain unchanged; 4) Extend the pilot program through and including June 30, 2013; 5) These actions should be effective immediately. A second motion was approved unanimously directing the Administration to file an application to the Design Review Board to present a plan that utilized native plant materials/grasses etc., to serve as a the perimeter of the designated dog off-leash area in the triangular area south and west of the Washington Avenue entry plaza. Additionally, the City Commission directed the Administration to meet with the community to discuss and gain input and comments concerning the relocation plan and the proposed perimeter landscape plan. As directed by the City Commission the Administration took the following actions: • Relocated the off-leash area from west lawn location to its original location in the triangular area south and west of the Washington Avenue entry plaza where the lighthouse is located. Additionally, signs were installed in the new location posting the revised evening weekday hours of 6:00P.M. to 9:00P.M., Monday through Fridays. • The Parks Division developed a concept plan that incorporates native and Florida friendly plant materials/grasses etc., in the lighthouse area to function as a natural environmental barrier and control to delineate the dog off-leash area around the lighthouse. • The Parks and Recreation Administration presented the concept plan to the South of Fifth Neighborhood Association at the April 4, 2013, SOFNA general meeting. At the conclusion of the presentation the SOFNA board discussed the concept plan and approved the following motion; "SOFNA supports an off leash dog area in South Pointe Park, at a location selected in consultation with professionals as well as the input of the community." This motion was further clarified in an email from the SOFNA President, Dr. Steven Mandy to the Administration on April 17, 2013, which stated "SOFNA is opposed to a fenced in dog off leash area in the prime spot of the lighthouse. Our resolution did not state that as clearly as it might have, but there was no approval of that location, and to the contrary, as I am sure you clearly heard, wide spread disapproval of that as the location". 479 • The Administration hosted a community meeting on April 15, 2013, in South Pointe Park to discuss the relocated South Pointe Park Dog Off-leash Area. Issues discussed included the revised off-leash hours, the presentation of the draft landscape concept plan, and potential alternative locations in South Pointe Park for the off-leash area. Following questions and comments it was the majority opinion that the current location of the off-leash dog pilot program, in the triangular area where the Lighthouse sculpture is located, was the site best suited for the South Pointe Park Dog Off-leash Pilot Program and it should remain there. • The Administration also submitted an application for the Design Review Board's review of the landscaping around the perimeter of the relocated dog off-leash area. The application was scheduled to be heard at the June, 2013, DRB meeting but the Administration requested a continuance due to only four (4) of the ORB members being present. The City's application for the Design Review Board's review of the landscape plan around perimeter of the relocated dog off-leash area was presented by the Parks and Recreation Department's Administration at the July 2, 2013, ORB meeting where it was approved. The Final Order authorizing the City's application (File No. 22977) was issued on July 11, 2013. Subsequent to the Design Review Board's July 2, 2013, approval Ms. Patricia Fuller, a resident and member of the Arts in Public Places Board, submitted a request to formally appeal the decision of the Design Review Board's approval of the landscape plan prepared by the Parks Department for the off leash dog area at South Pointe Park. Ms. Fuller requested the hearing date be set for the December 11, 2013, City Commission meeting. On August 30, 2013 the Art in Public Places Committee (AiPP) passed a resolution "Opposing an Off-Leash area surrounded by a landscape buffer in the area of the "Obstinate Lighthouse" Sculpture located at the southwestern portion of South Pointe Park." At the Neighborhood/Community Affairs Committee Meeting on October 281h, 2013 SOFNA communicated their position to the Committee requesting the relocation of the Off-Leash area away from the Obstinate Lighthouse. The area desired by SOFNA is the area to the north of the sculpture. (The staging area for the force main project.) At the same meeting NCAC Committee Members heard from various people both for and opposed to the Off-Leash Pilot Program. The Committee, recognizing the program was to sunset on December 31, 2013, directed staff to add the pilot program extension to the December 11, 2013 Commission Agenda to allow the program to continue while a final decision could be made. At the December 11 1h, 2013 Commission Meeting a motion was passed that for the next 120 days leave the off-leash dog area at the lighthouse location; during the 120 days, the Administration will bring to the Design Review Board a hedge at an alternate location with applicable seating at the alternate location and bring it back to Commission. CONCLUSION The Administration requests the Mayor and Commission review for their consideration the Ordinance Amendment on second reading and public hearing. JLM/MT/Jr- T:\AGENDA\2014Uanuary15\Animal Ordinance Amendment Off Leash Pilot Program Extension-MEMO.docx 480 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE, ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING APRIL 30, 2014; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 5-20(d) of the Miami-Dade County Code, "a dog may be unrestrained and shall not be deemed at large if it is supervised by a competent person and is ... in a park area in which dogs are specifically authorized by a municipality or by the County to be unrestrained ... "; and WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646 which specifically authorized dogs to be unrestrained and off-leash in South Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue entry plaza from sunrise to 9:00 a.m. daily, or during such hours as may be specifically designated by a resolution of the City Commission after a public hearing; and WHEREAS, on October 19, 2011, the Mayor and City Commission adopted Ordinance No. 2011-37 43 which extended the pilot program in South Pointe Park until January 1, 2012, and extended the off-leash hours in South Park by adding two (2) hours in the evening from 5:00p.m. to 7:00p.m. on Monday through Friday; and WHEREAS, on January 11, 2012, the Mayor and City Commission adopted Ordinance No. 2012-3750 which extended the off-leash hours in the designated area in South Pointe Park from sunrise to 10:00 a.m. daily, and in the afternoon from 4:00 p.m. to 7:00 p.m. on Monday through Friday, relocated the off-leash dog area to the area south and east of the Washington Avenue entry plaza, extended the off-leash pilot program to July 15, 2012; and directed the Administration to file an application with the Design Review Board ("ORB") for approval of a hedge in the new off-leash location; and WHEREAS, the ORB considered and denied the Administration's application for a hedge in the off-leash area in South Pointe Park on March 6, 2012 and the Administration appealed the decision to the City Commission where motions to grant and, alternatively, to deny the appeal failed on June 6, 2012; and WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee (NCAC) recommended that the off-leash pilot program in South Pointe Park be extended through December 31, 2012; and WHEREAS, following a First Reading on June 6, 2012, and after a Second Reading/Public Hearing on July 18, 2012, the Mayor and City Commission adopted Ordinance No. 2012-3772 which extended the off-leash pilot program in South Pointe Park through and including December 31, 2012; and 481 WHEREAS, on September 24, 2012, the Neighborhoods/Community Affairs Committee recommended that the off-leash pilot program in South Pointe Park be extended through January 31, 2013 and that the concept of a hedge be brought back to the City Commission for its consideration; and WHEREAS, on November 14, 2012 the City Commission: a) adopted Resolution No. 2012-28070 which accepted the NCAC Committee's recommendations to bring the concept of a hedge for the off-leash dog area in South Pointe Park back to the City Commission, with the Commission further directing the Administration to submit a new application for a hedge for the off-leash area to the Design Review Board ("ORB") as soon as possible and to extend the off- leash pilot program through and including March 31, 2013; and b) approved an Ordinance on First Reading to extend the off-leash pilot program in South Pointe Park through and including March 31, 2013; and WHEREAS, on December 11, 2012, the Parks and Recreation Department submitted an application for a two foot hedge for the off-leash dog area in South Pointe Park to the Planning Department for presentation to the Design Review Board; and WHEREAS, on December 12, 2012, the City Commission held a Public Hearing and adopted Ordinance No. 2012-3785 on Second Reading extending the off-leash pilot program through and including March 31, 2013; and WHEREAS, on February 5, 2013, the Administration's application for a hedge for the off- leash area in South Pointe Park was scheduled to be heard by the Design Review Board, but was continued to the ORB meeting of March 5, 2013 due to the lack of a full Board (4 of 7 members were present); and WHEREAS, on February 6, 2013, the City Commission approved an Ordinance on first reading to extend the off-leash Pilot program in South Pointe Park to June 30, 2013, and also instructed the Administration to amend the City's ORB application to provide for a hedge of 3 to 3 1/2 feet; and WHEREAS, at its March 5, 2013 meeting, the ORB approved the City's application for a landscape barrier of 3 to 3 1/2 feet in height for the off-leash dog area east of the Washington Avenue entry plaza in South Pointe Park, subject to certain conditions; and WHEREAS, at the March 13, 2013 City Commission meeting, the City Commission directed that, due to safety concerns, a new ordinance should be brought to the City Commission to move the off-leash area back to its original location in the triangular area south and west of the Washington Avenue Entry Plaza and that the afternoon hours should be changed from 4:00 p.m. to 7 p.m. to 6:00 p.m. to 9:00 p.m. In addition, the City Commission directed that a new application for a landscape barrier for the relocated off-leash dog area be submitted by the Administration to the ORB; and WHEREAS, pursuant to the adoption of Ordinance No. 2013-3798 on May 8, 2013, the City Commission relocated the off-leash dog area to the designated area south and west of the Washington Avenue entry plaza and extended the pilot program to December 31, 2013; and 2 482 WHEREAS, pursuant to an application filed by the City Administration, the ORB considered and approved a landscape barrier for the current off-leash dog area south and west of the Washington Avenue entry plaza; and WHEREAS, an appeal of the ORB Order has been filed by Patricia Fuller and the appeal is pending; and WHEREAS, at the December 11, 2013 City Commission meeting, the Mayor and City Commission directed the Administration to file an application with the ORB to seek approval of landscape material for an alternate off-leash dog area to the north of the current off-leash area; and WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program at its current location until April 30, 2014 while the Administration pursues its application to the ORB. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows: Chapter 10 ANIMALS * * * Sec. 10-11. Running at large prohibited; exception. It shall be prohibited for the owner or person in control of any animal to permit the animal to run at large. All animals, when not on the premises of their owner or of the person in control, must be on a leash or contained in a carrier device and under the control of a competent person, except that in South Pointe Park, in the designated area south and west of the Washington Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 a.m. daily and from 6:00 p.m. to 9:00 p.m. on Monday through Friday, or during such other hours as may be specifically designated by a resolution of the city commission after a public hearing, through and including Deoember 31, 2013 April30. 2014. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3 483 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 _______ , 2014. PASSED and ADOPTED this day of ______ , 2014. ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions Strike through denotes deletions PHILIP LEVINE, MAYOR I APPROVED AS T0 FORM & LANGUACE & FOR EXECUTION F:\ATTO\TURN\ORDINANC\Animal Ordinance Amendment Off Leash Pilot Program Extension to April 30 2014.docx 4 484 485 THIS PAGE INTENTIONALLY LEFT BLANK 486 COMMISSION ITEM SUMMARY Condensed Title: I First Reading -Proposed Ordinance designating 42 Star Island as a Local Historic Site Key Intended Outcome Supported: Designation and retention of historically significant properties. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Survey, all respondents were ~sked to indicate if they felt the effort put forth by the City of Miami Beach on historic preservation was oo little, too much or about the right amount. 77.1% of respondents reported that the effort put forth py the City of Miami Beach on historic preservation is "about the right amount." Issue: The Miami Design Preservation League is requesting that the Mayor and City Commission consider the proposed designation of 42 Star Island as a Local Historic Site. Item Summary/Recommendation: FIRST READING The Administration recommends that the proposed Ordinance NOT be approved and that the property at 42 Star Island NOT be designated as an individual local historic site. In the event that the subject Ordinance is approved at First Reading, a 30 day mail notice requirement must be effectuated prior to Second Reading Advisory Board Recommendation: On September 10, 2013, the Historic Preservation Board reviewed a Designation Report relative to the proposed historic designation of 42 Star Island as a local historic site and approved a motion (7 to 0) to recommend approval of the designation to the City Commission. On November 19, 2013, the Planning Board reviewed a Designation Report relative to the proposed historic designation of 42 Star Island as a local historic site and approved a motion (4 to 1, Jean-Francais Lejeune opposed} to NOT recommend approval of the designation to the City Commission. Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin : Richard Lorber, Thomas Mooney or Debbie Tackett Si n-Offs: Department Director Assistant City Manager T:IAGENDA\2014\.January\42 Star Historic Designation SUM 1st Only.docx MIAMI BEACH 487 Account AGENDA ITEM ---'R....:......:.::~~I-:-7"_ DATE t-IS""-1~ lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Phillip Levine and Members f the City/ommission Jimmy L. Morales, City Manager__,.__ ~ January 15, 2014 SUBJECT: FIRST READING-HISTORIC DES GNATION AN ORDINANCE OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE MIAMI BEACH CITY CODE; BY AMENDING SECTION 118-593(E), ENTITLED "DELINEATION ON ZONING MAP" BY DESIGNATING 42 STAR ISLAND DRIVE AS A LOCAL HISTORIC SITE TO BE KNOWN AS "42 STAR ISLAND LOCAL HISTORIC SITE," LOCATED ON STAR ISLAND, AS MORE PARTICULARLY DESCRIBED IN THE ORDINANCE; PROVIDING THAT THE CITY'S ZONING MAP SHALL BE AMENDED TO INCLUDE 42 STAR ISLAND AS A LOCAL HISTORIC SITE; ADOPTING THE DESIGNATION REPORT ATTACHED TO THE STAFF REPORT AS APPENDIX "A"; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the proposed Ordinance NOT be approved and that the property at 42 Star Island NOT be designated as an individual local historic site. HISTORY/BACKGROUND Design Review Board Summary: • On October 9, 2012, an application was filed for the December 4, 2012 Design Review Board meeting, requesting Design Review Approval for the construction of a new 2-story home, to replace an existing pre-1942 architecturally significant home, to be demolished (ORB File No. 22936). • On December 4, 2012, the application was presented to the Design Review Board, and after approximately 1.5 hours of discussion, was continued to the February 5, 2013 meeting. • On February 5, 2013, due to a short board, the applicant for the ORB application, Dr. Leonard Hochstein, requested a continuance to the March 5, 2013 meeting. • On March 5, 2013, after approximately 2 hours of discussion, the ORB application was approved, subject to the conditions enumerated in the Final Order for the project (attached). 488 Commission Memorandum 42 Star Island-Proposed Historic Site Designation January 15, 2014 Historic Preservation Board Summary: Page 2 of 9 • On December 19, 2012, the Miami Design Preservation League submitted an application to the Historic Preservation Board requesting that the Board consider initiating the process for the historic designation of the single family home located at 42 Star Island Drive as a local individual historic site. It has been determined by the City Attorney that under Sec. 118-591 (a)(1) of the City Code, any organization whose purpose is to promote the preservation of historic sites has standing to request the initiation of the historic preservation process. • On February 12, 2013, the Historic Preservation Board discussed the proposed designation of 42 Star Island Drive as an individual local historic site. At this meeting, the Board directed staff to prepare a preliminary evaluation and recommendation report for the structure located at 42 Star Island Drive. • On April 9, 2013, the Historic Preservation Board reviewed a Preliminary Evaluation and Recommendation Report relative to the possible historic designation of 42 Star Island Drive, as an individual local historic site (HPB File 7351 ). At this meeting the Board voted to proceed with the historic designation process and the preparation of a historic designation report for the Board's consideration at a later meeting. • On April 10, 2013, a Letter to Commission was sent to the Mayor and Commissioners. The Commission did not deny or modify the proposed request for designation. • On September 10, 2013 the Historic Preservation Board reviewed the completed Designation Report and recommend in favor of the Historic Site Designation of 42 Star Island Drive as an individual local historic site. Planning Board Summary: On November 19, 2013, the Planning Board reviewed a Designation Report relative to the historic designation of 42 Star Island as a local historic site and approved a motion (4 to 1) to NOT recommend approval of the designation to the City Commission. DESIGNATION PROCESS The process of historic designation is delineated in Sections 118-591 through 118-593 in Subpart B of the Land Development Regulations of the City Code (Chapter 118, Article X, Division 4). An outline of this process is delineated below. Step One: A request for designation is made either by the City Commission, the Historic Preservation Board, other agencies and organizations as listed in the Land Development Regulations of the City Code, or the property owners involved. Proposals for designation shall include a completed application form available from the Planning Department. Satisfied; On December 19, 2012, the Miami Design PreseJVation League submitted an application to the Historic PreseJVation Board requesting that the Board consider initiating the process for the historic designation of the single family home located at 42 Star Island Drive as a local individual historic site. 489 Commission Memorandum 42 Star Island-Proposed Historic Site Designation January 15, 2014 Step Two: Page 3 of 9 The Planning Department prepares a preliminary evaluation report with recommendations for consideration by the Board. Satisfied; Planning Department staff prepared a preliminary evaluation and recommendation report which was presented to the Board on April 9, 2013. Step Three: The Historic Preservation Board considers the preliminary evaluation to determine if proceeding with a designation report is warranted. Satisfied; On April 9, 2013, the Historic Preservation Board approved a motion to direct staff to have a designation report prepared and to schedule a public hearing to consider the proposed designation. The designation report is an historical and architectural analysis of the proposed district or site that: a. describes the historic, architectural and/or archeological significance of the property or subject area proposed for Historical Site or District designation; b. recommends Evaluation Guidelines to be used by the Board to evaluate the appropriateness and compatibility of proposed Developments affecting the designated Site or District; and c. serves as an attachment to the Land Development Regulations of the City Code. Step Four: The City Commission is notified of the Board's decision and the initial boundaries proposed for designation. Within 60 days of the vote of the Historic Preservation Board to direct the Planning Department to prepare a designation report, the City Commission may, by a five-sevenths vote, deny or modify the proposed request for designation. Satisfied; On April 10, 2013, a Letter to Commission was sent to the Mayor and Commissioners. The Commission did not deny or modify the proposed request for designation. Step Five: The designation report is presented to the Historic Preservation Board at a public hearing. If the Board determines that the proposed site or district satisfies the requirements for designation as set forth in the Land Development Regulations of the City Code, the Board transmits a recommendation in favor of designation to the Planning Board and City Commission. Satisfied; On September 10, 2013 the Historic Preservation Board reviewed the completed Designation Report prepared by the Miami Design and Preservation League, determined that it met the requirements for designation and recommend that the City Commission APPROVE the designation of 42 Star Island Drive as an individual local historic site. Step Six: The Planning Board holds a public hearing on the proposed designation, and considers the proposed historic designation as an amendment to the Land Development Regulations of the City Code and, subsequently, transmits its recommendation to the City Commission. Satisfied; On November 19, 2013 the Planning Board reviewed the completed Designation Report prepared by the Miami Design and Preservation League, and recommend that the City Commission NOT designate 42 Star Island Drive as an individual local historic site. 490 Commission Memorandum 42 Star Island-Proposed Historic Site Designation January 15, 2014 Step Seven: Page 4of 9 The City Commission may adopt an amendment to the Land Development Regulations of the City Code by a five-sevenths majority vote, which would designate the Historic Preservation Site. When there is a request for a zoning map change initiated by an applicant other than the City, the following procedures apply: a. A proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time and place of the meeting; the title or titles of proposed ordinances; and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. b. Immediately following the public hearing at the second reading, the city commission may adopt the ordinance. The adoption of the Ordinance by the City Commission requires a 5/7 majority vote. Additionally, the property owner and all owners of record of land within 375 feet of the proposed site must be noticed by mail at least 30 days prior to the date set for the second reading public hearing. RELATION TO DESIGNATION CRITERIA In accordance with Section 118-592 in the Land Development Regulations of the City Code, the Historic Preservation Board shall have the authority to recommend that a property be designated as an historic site if it is significant in the historical, architectural, cultural, aesthetic or archeological heritage of the City, the County, State or Nation. Such properties shall possess integrity of location, design, setting, materials, workmanship, feeling or association and meet at least one of the following criteria: (1) Association with events that have made a significant contribution to the history of the city, the county, state or nation; (2) Association with the lives of persons significant in the city's past history; (3) Embody the distinctive characteristics of an historical period, architectural or design style or method of construction; (4) Possesses high artistic values; (5) Represent the work of a master, serve as an outstanding or representative work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage; (6) Have yielded, or are likely to yield information important in pre-history or history; (7) Be listed in the National Register of Historic Places; 491 Commission Memorandum 42 Star Island-Proposed Historic Site Designation January 15, 2014 Page 5of 9 (8) Consist of a geographically definable area that possesses a significant concentration of sites, buildings or structures united by historically significant past events or aesthetically by plan or physical development, whose components may lack individual distinction. A building, structure (including the public portions of the interior), improvement or landscape feature may be designated historic even if it has been altered if the alteration is reversible and the most significant architectural elements are intact and repairable. The Historic Preservation Board concluded that the property located at 42 Star Island is eligible for historic site designation as it complies with the criteria as specified in Section 118-592 in the Land Development Regulations of the City Code outlined above. Specifically, the Historic Preservation Board determined the following: The proposed 42 Star Island Historic Site possesses integrity of location. design, setting, materials. workmanship, feeling, or association for the following reasons: Satisfied; The construction of 42 Star Island Residence in 1925, following the 1919 start of the dredge and fill operation by the Miami Ocean View Company, which enabled the residential development of Star Island, was clearly significant in the successful development history of Star Islands, as well as in the history of the City of Miami Beach. The design and construction of the 42 Star Island Residence brought an architectural style of Mediterranean Revival of high aesthetic appeal and stature to the islands, as well as prominent local architects, such as Walter C. DeGarmo, who were qualified to execute it. The proposed historic site at 42 Star Island still possesses the integrity of its original location on Star Island, despite more than eighty years of hurricanes, storms, and economic crises. Further, the original building retains many of its historic materials, details, and workmanship as well as the feeling of its 1920s period of construction in Miami Beach. (a) The proposed historic site is eligible for historic designation and in conformance with the designation criteria for the following reasons: (1) Association with events that have made a significant contribution to the history of the citv. the county, state or nation; Satisfied; The 42 Star Island Residence was the culmination of Boom Time development on the island, causing a major turning point in Miami Beach history. The period of Boom Time development followed World War I. The construction of this structure also signified the climax of the use of classical and revivalist styles in architecture. It was further associated with the early successful creation of "man-made" islands in Biscayne Bay by dredging up the Bay bottom which yielded land fill for new islands as well as created deep channels for navigation. (2) Association with the lives of persons significant in the city's past history; Satisfied; The proposed historic site is associated with Carl Fisher, L T. Highleyman, John H. Levi, and Walter C. DeGarmo. Carl Fisher, known to be the creator of Miami Beach and the surrounding islands, was the original owner of Star Island. Mr. L. T Highleyman, the President of the Biscayne Islands Company that created and developed Palm and 492 Commission Memorandum 42 Star Island-Proposed Historic Site Designation January 15, 2014 Page 6 of 9 Hibiscus Islands, was the influence for the tactic used to create Star Island; the pioneered tactic was dredging soil. The Miami Ocean View Company, which was led by John H. Levi, adopted these development methods. Levi was the principal figure who notified Carl Fisher of the grand potential of Miami. John Levi was first elected to the Miami Beach Council in 1918, serving more than 20 years. Levi was a/so President of Miami Beach First National Bank. Later, John H. Levi was elected Mayor of Miami Beach. Walter C. DeGarmo, who came to Miami in 1906, was the first registered Florida architect. DeGarmo was a prominent architect of his time who contributed to the City of Miami Beach's historical, aesthetic and architectural heritage. Star Island represents the culmination of these architectural, promotional and development efforts by Fisher, Levi, Highleyman and DeGarmo at the end of the first great Miami Beach boom in real estate development. (3) Embody the distinctive characteristics of an historical period, architectural or design style or method of construction: Satisfied; The original 1925 structure on the proposed historic site embodies the distinctive characteristics of the Mediterranean Revival Style of architecture, the style of choice used by successful developers and architects, such as Walter C. DeGarmo in the mid-1920s period in Miami Beach as well as other areas of South Florida such as Coral Gables, Coconut Grove, Ft. Lauderdale, Homestead, and Key Largo. The structure, incorporates inter-tile construction with a smooth stucco finish, typical of the historical period, multi-lite windows with rounded archway openings, loggias with colonnades used as primary entryways, wrought iron balustrades on balconies, stone balustrade in the back of the property, fixtures and ornament with influences from Italian, Moorish, North Africa, and Southern Spanish themes. {4) Possess high artistic values; Satisfied; The 1925 Mediterranean Revival building with its entrance loggia and colonnade, rounded archway windows and wrought iron balconies possess high artistic value. The building card does not list any significant modifications to the structure since its construction emphasizing its high artistic value. This value could be greatly enhanced by sensitive restoration. (5) Represent the work of a master, serve as an outstanding or representative work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage; Satisfied; Walter C. DeGarmo and George A. Varney designed the 42 Star Island Residence, constructed in 1925. Walter DeGarmo is one of the most significant figures in South Florida's architectural history designing buildings such as: the Douglas Entrance of Coral Gables, the Coral Gables Bank and Post Office, the boathouse, bathing pavilion and swimming pool of the J. C. Penney Residence on Belle Isle, the McAllister Hotel, the Miami Beach Community Church, the Highleyman Residence and the Ogden Residence, among many others. Walter C. DeGarmo prepared plans for at least 32 structures on Miami Beach from 1914 493 Commission Memorandum 42 Star Island-Proposed Historic Site Designation January 15, 2014 Page 7of 9 through 1927, including a home for himself and several for other clients on Star Island. (6) Have yielded, or are likely to yield information important in pre- history or history; Satisfied; The proposed 42 Star Island historic site yields important information in the history of development in Miami Beach and Star Island by preserving one of the earliest structures to be built on the newly created man-made island. The Miami Ocean View Company had fully begun the dredge and fill operation by 1919, enabling the residential development of Star Island and the residence at 42 Star Island was built in 1925, making it one of the earliest structures on the island. 42 Star Island exemplifies all of the many prominent qualities of this historically significant Boom Time era, and it also embodies why Miami Beach quickly became the focus of national and international eyes, as the Island succeeded in being attractive, glamorous and exemplifying desirable qualities helped attract visitors and residents to Miami Beach. Thus, this structure yields essential information of the historically critical time that is not readily available from other sources and structures. Indeed, it appears that only one other Walter DeGarmo structure remains on Star Island, from a total of four that were originally built and since demolished. (7) Be listed in the National Register of Historic Places; Partially satisfied; The original 1925 structure would be eligible for listing on the National Register of Historic Places. (8) Consist of a geographically definable area that possesses a significant concentration of sites. buildings or structures united by historically significant past events or aesthetically by plan or physical development. whose components may lack individual distinction: Satisfied; Star Island is zoned as RS-1, Residential Single Family. Many of the structures on the island are large single-family residences compatible in size, scale, form and physical development. (b) A building, structure (including the public portions of the interior), improvement or landscape feature may be designated historic even if it has been altered if the alteration is reversible and the most significant architectural elements are intact and repairable. Satisfied; Many of the original significant architectural features of the 1925 residence at 42 Star Island appear to remain substantially intact today. Features that have been altered could be accurately reconstructed based on historical drawings and photographs. PLANNING BOARD REVIEW OF THE AMENDING ORDINANCE Pursuant to the requirements of Section 118-163 of the City Code, the Planning Board reviewed the proposed request for the designation of 42 Star Island as an amendment to the Land Development Regulations of the City Code, in accordance with the following: 1. Whether the proposed change is consistent and compatible with the comprehensive plan and any applicable neighborhood or redevelopment plans. 494 Commission Memorandum 42 Star fsfand-Proposed Historic Site Designation January 15, 2014 Page Bof 9 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the city. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 6. Whether changed or changing conditions make the passage of the proposed change necessary. 7. Whether the proposed change will adversely influence living conditions in the neighborhood. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the levels of service as set forth in the comprehensive plan or otherwise affect public safety. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 13. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. On November 19, 2013, the Planning Board recommended to the City Commission that the proposed Ordinance NOT be approved. STAFF ANALYSIS As noted in the attached Designation Report, the proposed designation of 42 Star Island Drive as a local historic site was found to be in compliance with the designation criteria in Section 118-592 of the City Code. Only one of the eight evaluation criteria is required to be satisfied for the Historic Preservation Board to recommend designation. The Planning Board, on November 19, 2013, reached a different conclusion regarding the proposed designation ordinance, and recommended that the City Commission NOT designate the property at 42 Star Island as a local historic site. Additionally, Planning Department staff has expressed concern with the manner in which the designation process was initiated for this particular property. In this regard, a process for the review 495 Commission Memorandum 42 Star Island-Proposed Historic Site Designation January 15, 2014 Page 9 of 9 of demolition requests for single family homes constructed prior to 1942 has been in place for almost a decade. This process, which was adhered to fully by the owner of 42 Star Island, has worked well in terms of ensuring appropriate compatibility for replacement homes. The Administration believes that it is important to retain some flexibility to designate those single family properties that may rise to an extraordinary degree of historic and architectural significance; the City Code provides this flexibility in terms of how the designation process is initiated. However, it does not appear that the necessary high level of historic and architectural significance has been reached in this particular instance. Specifically, although the Historic Preservation Board has determined that the designation criteria in the Code has been met, and has recommended designation, the final decision on the request is at the discretion of the City Commission. In addition to the recommendation of the Historic Preservation Board, the City Commission should also give equal weight to the recommendation of its Local Planning Agency (the Planning Board), which recommended against designating the property at 42 Star Island as an historic site. In this regard, the Planning Board looked at the proposal in a more holistic manner, taking into consideration the actual site in relation to its larger surroundings (Star Island), the rights and expectations of the property owner, and whether the adoption of the Ordinance creating one special site within a larger expanse of similar properties furthered the Planning and development goals of the City. Finally, given the accelerated policy discussions pertaining to sea level rise, and the need for residential properties to begin to look forward with regard to new construction, the Administration has very serious concerns with regard to the finished floor elevation of the existing home at 42 Star Island. To this end, as the existing home is almost four (4') feet below minimum flood elevation, we are hard pressed to justify forcing a home owner to retain and preserve a home that does not meet minimum flood standards. While a number of homes on Miami Beach are below minimum flood elevation, they have been retained on a voluntary basis by those owners. In summary, based upon the action of the Planning Board, the significant concerns raised by Planning Department staff and the likely impact that the designation of the property as an historic site would have on the ability of the property owner to develop the site, the Administration recommends that the property at 42 Star Island NOT be designated as a local historic site. CONCLUSION Based upon the foregoing, the Administration recommends that the proposed Ordinance NOT be approved and that the property at 42 Star Island NOT be designated as an individual local historic site. In the event that the subject Ordinance is approved at First Reading, the 30 day mail notice requirement must be effectuated, prior to a Second Reading. JLM\JMJ\RGL:TRM\DJT T:\AGENDA\2014\.January\42 Star Historic Designation MEM 1st Only.docx 496 ORDINANCE NO.------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE MIAMI BEACH CITY CODE; BY AMENDING SECTION 118-593(E), ENTITLED "DELINEATION ON ZONING MAP" BY DESIGNATING 42 STAR ISLAND DRIVE AS A LOCAL HISTORIC SITE TO BE KNOWN AS "42 STAR ISLAND LOCAL HISTORIC SITE," LOCATED ON STAR ISLAND, AS MORE PARTICULARLY DESCRIBED IN THE ORDINANCE; PROVIDING THAT THE CITY'S ZONING MAP SHALL BE AMENDED TO INCLUDE 42 STAR ISLAND AS A LOCAL HISTORIC SITE; ADOPTING THE DESIGNATION REPORT ATTACHED TO THE STAFF REPORT AS APPENDIX "A"; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, On December 19, 2012, the Miami Design Preservation League submitted an application to the Historic Preservation Board requesting that the Board consider initiating the process for the historic designation of the single family home located at 42 Star Island Drive as a local individual historic site. Under Sec. 118-591(a)(1) of the City Code, any organization whose purpose is to promote the preservation of historic sites has standing to request the initiation of the historic preservation process; and WHEREAS, On February 12, 2013, the Historic Preservation Board discussed the proposed designation of 42 Star Island Drive as an individual local historic site. At this meeting, the Board directed staff to prepare a preliminary evaluation and recommendation report for the structure located at 42 Star Island Drive; and WHEREAS, On April 9, 2013, the Historic Preservation Board reviewed a Preliminary Evaluation and Recommendation Report relative to the possible historic designation of 42 Star Island Drive, as an individual local historic site (HPB File 7351). At this meeting the Board voted to proceed with the historic designation process and the preparation of a historic designation report for the Board's consideration at a later meeting; and WHEREAS, on September 10, 2013, the City's Historic Preservation Board held a public hearing and voted unanimously (7 -0) in favor of recommending that the City Commission designate 42 Star Island Drive, as an Historic Site; and 497 WHEREAS, on November 19, 2013, the City's Planning Board held a public hearing and voted 4-1 recommending that the City Commission NOT designate 42 Star Island Drive as an Historic Site; and WHEREAS, the aforementioned recommendations regarding the designation of 42 Star Island Drive as an Historic Site were based upon the information documented in the Designation Report prepared by the City of Miami Beach Planning Department attached hereto as Appendix "A." NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. DESIGNATION OF 42 STAR ISLAND DRIVE AS AN HISTORIC SITE. That the certain area located on Lot 42, of Corrected Plat of Star Island, According to the Plat Thereof, as Recorded in Plat Book 31, Page 60, of the Public Records of Miami-Dade County, Florida; and having the legal description as described herein, is hereby designated as an Historic Site of the City of Miami Beach and shall be known as "42 Star Island Drive." That the Designation Report attached hereto as Appendix "A" is hereby adopted. SECTION 2. AMENDMENT OF SUBSECTION 118-593(E). That Subsection (e), entitled "Delineation on Zoning Map," of Section 118- 593, entitled "Historic Preservation Designation," of Division 4, entitled "Designation," of Article X, entitled "Historic Preservation," of Chapter 118, entitled "Administration and Review Procedures," of Subpart B of the Land Development Regulations of the City Code is hereby amended to read as follows: * * * Subpart B. Land Development Regulations * * * Chapter 118. Administration and Review Procedures * * * Article X. Historic Preservation * * * Division 4. Designation * * * 2 498 Section 118-593. Historic Preservation Designation. * * * (e) Delineation on zoning map. All sites and districts designated as historic sites and districts shall be delineated on the city's zoning map, pursuant to section 142-71, as an overlay district. Such sites and districts include: * * * (1) n. RS-1/HPS-14: 42 Star Island Drive. more particularly described as Lot 42. of Corrected Plat of Star Island. according to the plat thereof. as recorded in Plat Book 31. Page 60, of the Public Records of Miami-Dade County, Florida. SECTION 3. Inclusion in the Land Development Regulations of the City Code. 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 Land Development Regulations of the Code of the City of Miami Beach as amended; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intention. SECTION 4. Amendment of Zoning Map That the Mayor and City Commission hereby amend the Zoning Map of the City of Miami Beach as contained in the Land Development Regulations of the City Code by identifying the area described herein as HPS-14, Historic Preservation Site 14. Section 5. 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 6. 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 7. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 8. Effective Date. This Ordinance shall take effect ten days following adoption. 3 499 PASSED and ADOPTED this __ day of _________ , 2014. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ycity Attorney ?IJ.- First and Only Reading: January 15, 2014 r-3-14- Date Verified by: ________ _ Richard Lorber, AICP Acting Planning Director Underscore denotes new language. Strikethrough denotes deleted language. T:IAGENDA\2014\January\42 Star Historic Designation ORO 1st Only.docx 4 500 42 STAR ISLAND (42 E STAR ISLAND DRIVE) HISTORIC SITE DESIGNATION REPORT Photo Credit: Ronny Lorist PREPARED BY MIAMI DESIGN PRESERVATION LEAGUE FEBRUARY 2013 Revised July 16, 2013 1 501 CITY OF MIAMI BEACH HISTORIC SITE DESIGNATION REPORT FOR 42 STAR ISLAND PREPARED BY MIAMI DESIGN PRESERVATION LEAGUE ;··· .. . . , '. ! ~ : I ! I (• ' , : . I. : J. ' I ~. i . . . . " ... . .... "': ............ ,: ... ; ,....,..:,.:.., .·,: ---~· .rt~:., ~::.~~~~ -~~:·" :_~I·.- .• ~· ,· ~ i . ~ . I .. . , ' 'Ill .·:.·IP. •. Architectural Drawings courtesy of Historical Museum of Southern Florida MIAMI BEACH CITY COMMISSION Matti Herrera Bower, Mayor Ed Tobin, Vice Mayor Commissioners: Jorge Exposito Michael Gongora Jerry Libbin Oeede Weithorn Jonah Wolfson Jimmy Morales, City Manager 2 502 ..l.i. . ..-·· CITY OF MIAMI BEACH HISTORIC PRESERVATION BOARD Herb Sosa, Chair David Wieder Dominique Bailleul Henry Lares Ira Giller Jane Gross Josephine Manning CITY OF MIAMI BEACH PLANNING BOARD Charles Urstadt, Chair Frank Kruszewski Henry Stolar Jack Johnson Jean-Francais Lejeune Jonathan Beloff Robert Wolfarth CITY OF MIAMI BEACH PLANNING DEPARTMENT Richard G. Lorber, AICP, LEED AP, Acting Planning Director William H. Cary, Assistant Planning Director Thomas R. Mooney, AICP, Design and Preservation Manager AUTHORS Natalia Kwiatkowska Kamilah Moorehead Hillary Stark EDITORS William H. Cary, Assistant Planning Director RESEARCHERS Daniel Giraldo and Jeff Donnelly, Miami Design Preservation League MAP PRODUCTION Kamilah Moorehead 3 503 CITY OF MIAMI BEACH · 42 STAR ISLAND HISTORIC SITE DESIGNATION REPORT TABLE OF CONTENTS I. REQUEST ............................................................................................................ 5 II. DESIGNATION PROCESS .................................................................................... 5 Ill. RELATION TO ORDINANCE CRITERIA .............................................................. 7 IV. DESCRIPTION OF BOUNDARIES ....................................................................... 11 V. PRESENT OWNERS ............................................................................................ 11 VI. PRESENT USE ..................................................................................................... 11 VII. PRESENT ZONING ........................................................................................... 11 MAP 1 -Proposed Historic Site Boundaries ............................................ 12 MAP 2-Zoning Districts within Area ..................................................... 13 VIII. HISTORICAL BACKGROUND .............................................................................. 14 IX. ARCHITECTURAL STYLE ................................................................................ 1 9 X. GENERAL DESCRIPTION OF SITE IN ITS CURRENT CONDITION ........................................................................................... 1 9 XI. PLANNING DEPARTMENT RECOMMENDATIONS ......................................... 21 4 504 I. REQUEST On December 19, 2012, the Miami Design Preservation League submitted an application to the Historic Preservation Board requesting that the Board consider initiating the process for the historic designation of the single family home located at 42 Star Island Drive as a local individual historic site. It has been determined by the City Attorney that under Sec. 118-591(a)(1) of the City Code, any organization whose purpose is to promote the preservation of historic sites has standing to request the initiation of the historic preservation process. On February 12, 2013, the Historic Preservation Board discussed the proposed designation of 42 Star Island Drive as an individual local historic site. At this meeting, the Board directed staff to prepare a preliminary evaluation and recommendation report for the structure located at 42 Star Island Drive. On April 9, 2013, the Historic Preservation Board reviewed a Preliminary Evaluation and Recommendation Report relative to the possible historic designation of 42 Star Island Drive, as an individual local historic site (HPB File 7351 ). At this meeting the Board voted to proceed with the historic designation process and the preparation of a historic designation report for the Board's consideration at a later meeting. II. DESIGNATION PROCESS The process of historic designation is delineated in Sections 118-591 through 118-593 in Subpart B of the Land Development Regulations of the City Code (Chapter 118, Article X, Division 4). An outline of this process is delineated below. Step One: A request for designation is made either by the City Commission, the Historic Preservation Board, other agencies and organizations as listed in the Land Development Regulations of the City Code, or the property owners involved. Proposals for designation shall include a completed application form available from the Planning Department. Satisfied; On December 19, 2012, the Miami Design Preservation League submitted an application to the Historic Preservation Board requesting that the Board consider initiating the process for the historic designation of the single family home located at 42 Star Island Drive as a local individual historic site. Step Two: The Planning Department prepares a preliminary evaluation report with recommendations for consideration by the Board. Satisfied; Planning Department staff prepared a preliminary evaluation and recommendation report which was presented to the Board on Apri/9, 2013. Step Three: The Historic Preservation Board considers the preliminary evaluation to determine if proceeding with a designation report is warranted. 5 505 Satisfied; On April 9, 2013, the Historic PreseJVation Board approved a motion to direct staff to prepare a designation report and schedule a public hearing to consider the proposed designation. The designation report is an historical and architectural analysis of the proposed district or site. The report: 1) describes the historic, architectural and/or archeological significance of the property or subject area proposed for Historical Site or District designation; 2) recommends Evaluation Guidelines to be used by the Board to evaluate the appropriateness and compatibility of proposed Developments affecting the designated Site or District; and 3) serves as an attachment to the Land Development Regulations of the City Code. Step Four: The City Commission is notified of the Board's decision and the initial boundaries proposed for designation. Within 60 days of the vote of the Historic Preservation Board to direct the Planning Department to prepare a designation report, the City Commission may, by a five-sevenths vote, deny or modify the proposed request for designation. Satisfied; On Apri/1 0, 2013, a Letter to Commission was sent to the Mayor and Commissioners. The Commission did not deny or modify the proposed request for designation. Step Five: The designation report is presented to the Historic Preservation Board at a public hearing. If the Board determines that the proposed site or district satisfies the requirements for designation as set forth in the Land Development Regulations of the City Code, the Board transmits a recommendation in favor of designation to the Planning Board and City Commission. The Designation Report is scheduled to be presented to the Historic Preservation Board on September 13, 2013 Step Six: The Planning Board will hold a public hearing on the proposed designation, and shall consider the proposed historic designation as an amendment to the Land Development Regulations of the City Code and, subsequently, transmit its recommendation to the City Commission. Step Seven: The City Commission may adopt an amendment to the Land Development Regulations of the City Code by a five-sevenths majority vote, which thereby designates the Historic Preservation Site or Historic District after one (1) public hearing for a parcel of land less than ten (1 0) contiguous acres or after 6 506 two (2) public hearings for a parcel of land that is more than ten (1 0) contiguous acres. Ill. RELATION TO ORDINANCE CRITERIA 1. In accordance with Section 118-592 in the Land Development Regulations of the City Code, eligibility for designation is determined on the basis of compliance with the listed criteria set forth below. (a) The Historic Preservation Board shall have the authority to recommend that properties be designated as historic buildings, historic structures, historic improvements, historic landscape features, historic interiors (architecturally significant public portions only), historic sites or historic districts if they are significant in the historical, architectural, cultural, aesthetic or archeological heritage of the city, the county, state or nation. Such properties shall possess integrity of location, design, setting, materials, workmanship, feeling or association and meet at least one (1) of the following criteria: (1) Association with events that have made a significant contribution to the history of the city, the county, state or nation; (2) Association with the lives of persons significant in the city's past history; (3) Embody the distinctive characteristics of an historical period, architectural or design style or method of construction; (4) Possesses high artistic values; (5) Represent the work of a master, serve as an outstanding or representative work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage; (6) Have yielded, or are likely to yield information important in pre-history or history; (7) Be listed in the National Register of Historic Places; (8) Consist of a geographically definable area that possesses a significant concentration of sites, buildings or structures united by historically significant past events or aesthetically by plan or physical development, whose components may lack individual distinction. (b) A building, structure (including the public portions of the interior), improvement or landscape feature may be designated historic even if it has 7 507 been altered if the alteration is reversible and the most significant architectural elements are intact and repairable. 2. The proposed 42 Star Island Historic Site is eligible for historic designation as it complies with the criteria as specified in Section 118-592 in the Land Development Regulations of the City Code outlined above. The proposed 42 Star Island Historic Site possesses integrity of location, design, setting, materials. workmanship, feeling. or association for the following reasons: Satisfied; The construction of42 Starts/and Residence in 1925, following the 1919 start of the dredge and fill operation by the Miami Ocean View Company, which enabled the residential development of Star Island, was clearly significant in the successful development history of Star Islands, as well as in the history of the City of Miami Beach. The design and construction of the 42 Star Island Residence brought an architectural style of Mediterranean Revival of high aesthetic appeal and stature to the islands, as well as prominent local architects, such as Walter C. DeGarmo, who were qualified to execute it. The proposed historic site at 42 Star Island still possesses the integrity of its original location on Star Island, despite more than eighty years of hurricanes, storms, and economic crises. Further, the original building retains many of its historic materials, details, and workmanship as well as the feeling of its 1920s period of construction in Miami Beach. (a) The proposed historic site is eligible for historic designation and in conformance with the designation criteria for the following reasons: (1) Association with events that have made a significant contribution to the history of the city, the county, state or nation; Satisfied; The 42 Star Island Residence was the culmination of Boom Time development on the island, causing a major turning point in Miami Beach history. The period of Boom Time development followed World War I. The construction of this structure also signified the climax of the use of classical and revivalist styles in architecture. It was further associated with the early successful creation of "man- made" islands in Biscayne Bay by dredging up the Bay bottom which yielded land fill for new islands as well as created deep channels for navigation. (2) Association with the lives of persons significant in the city's past history; Satisfied; The proposed historic site is associated with Carl Fisher, L. T. Highleyman, John H. Levi, and Walter C. DeGarmo. Carl Fisher, known to be the creator of Miami Beach and the surrounding islands, 8 508 was the original owner of Star Island. Mr. L. T. Highleyman, the President of the Biscayne Islands Company that created and developed Palm and Hibiscus Islands, was the influence for the tactic used to create Star Island; the pioneered tactic was dredging soil. The Miami Ocean View Company, which was led by John H. Levi, adopted these development methods. Levi was the principal figure who notified Carl Fisher of the grand potential of Miami. John Levi was first elected to the Miami Beach Council in 1918, serving more than 20 years. Levi was also President of Miami Beach First National Bank. Later, John H. Levi was elected Mayor of Miami Beach. Walter C. DeGarmo, who came to Miami in 1906, was the first registered Florida architect. DeGarmo was a prominent architect of his time who contributed to the City of Miami Beach's historical, aesthetic and architectural heritage. Star Island represents the culmination of these architectural, promotional and development efforts by Fisher, Levi, Highleyman and DeGarmo at the end of the first great Miami Beach boom in real estate development. (3) Embody the distinctive characteristics of an historical period. architectural or design stvle or method of construction; Satisfied; The original 1925 structure on the proposed historic site embodies the distinctive characteristics of the Mediterranean Revival Style of architecture, the style of choice used by successful developers and architects, such as Walter C. DeGarmo in the mid- 1920s period in Miami Beach as well as other areas of South Florida such as Coral Gables, Coconut Grove, Ft. Lauderdale, Homestead, and Key Largo. The structure, incorporates inter-tile construction with a smooth stucco finish, typical of the historical period, multi-lite windows with rounded archway openings, loggias with colonnades used as primary entryways, wrought iron balustrades on balconies, stone balustrade in the back of the property, fixtures and ornament with influences from Italian, Moorish, North Africa, and Southern Spanish themes. (4) Possess high artistic values; Satisfied; The 1925 Mediterranean Revival building with its entrance loggia and colonnade, rounded archway windows and wrought iron balconies possess high artistic value. The building card does not list any significant modifications to the structure since its construction emphasizing its high artistic value. This value could be greatly enhanced by sensitive restoration. (5) Represent the work of a master, serve as an outstanding or representative work of a master designer, architect or builder 9 509 who contributed to our historical, aesthetic or architectural heritage; Satisfied; Walter C. DeGarmo and George A. Varney designed the 42 Star Island Residence, constructed in 1925. Walter DeGarmo is one of the most significant figures in South Florida's architectural history designing buildings such as: the Douglas Entrance of Coral Gables, the Coral Gables Bank and Post Office, the boathouse, bathing pavilion and swimming pool of the J. C. Penney Residence on Belle Isle, the McAllister Hotel, the Miami Beach Community Church, the High/eyman Residence and the Ogden Residence, among many others. Walter C. DeGarmo prepared plans for at least 32 structures on Miami Beach from 1914 through 1927, including a home for himself and several for other clients on Star Island. (6) Have yielded, or are likely to yield information important in pre- history or history; Satisfied; The proposed 42 Star Island historic site yields important information in the history of development in Miami Beach and Star Island by preserving one of the earliest structures to be built on the newly created man-made island. The Miami Ocean View Company had fully begun the dredge and fill operation by 1919, enabling the residential development of Star Island and the residence at 42 Star Island was built in 1925, making it one of the earliest structures on the island. 42 Star Island exemplifies all of the many prominent qualities of this historically significant Boom Time era, and it also embodies why Miami Beach quickly became the focus of national and international eyes, as the Island succeeded in being attractive, glamorous and exemplifying desirable qualities helped attract visitors and residents to Miami Beach. Thus, this structure yields essential information of the historically critical time that is not readily available from other sources and structures. Indeed, it appears that only one other Walter DeGarmo structure remains on Star Island, from a total of four that were originally built and since demolished. (7) Be listed in the National Register of Historic Places; Partially satisfied; The original1925 structure would be eligible for listing on the National Register of Historic Places. (8) Consist of a geographically definable area that possesses a significant concentration of sites, buildings or structures united by historically significant past events or aesthetically by plan or physical development, whose components may lack individual distinction; 10 510 Satisfied; Star Island is zoned as RS-1, Residential Single Family. Many of the structures on the island are large single-family residences compatible in size, scale, form and physical development. (b) A building, structure (including the public portions of the interior), improvement or landscape feature may be designated historic even if it has been altered if the alteration is reversible and the most significant architectural elements are intact and repairable. Satisfied; Many of the original significant architectural features of the 1925 residence at 42 Star Island appear to remain substantially intact today. Features that have been altered could be accurately reconstructed based on historical drawings and photographs. IV. DESCRIPTION OF BOUNDARIES The proposed 42 Star Island Historic Site is located on the southeast corner of Star Island. The southeast end of the property is bounded by Biscayne Bay and on the northwest by the right-of way line of E. Star Island Drive. The right side of the property is bounded by 43 Star Island (Lot 43) and on the left by 40 Star Island (Lots 40 & 41). (Map 1). LEGAL DESCRIPTION Lot 42, of Corrected Plat of Star Island, According to the Plat Thereof, as Recorded in Plat Book 31, Page 60, of the Public Records of Miami-Dade County, Florida. V. PRESENT OWNERS The property located 42 E. Star Island Drive is owned by Leonard M Hochstein. VI. PRESENT USE The property located within the proposed boundaries of 42 Star Island site has ceased use as a residence. The building is now unoccupied and the permitted use associated with the property is RS-1, Residential Single Family: VII. PRESENT ZONING RS-1, Residential Single Family Please refer to the zoning map for more detailed information (Map 2). 11 511 MAP 1: Boundaries for the Proposed 42 Star Island Historic Site 42 STAR ISLAND t42' E STAR ISLAND ORI'.'£:• PROPOSED L OCA.L HISTORIC SITE STAR ISlAND 12 512 MAP 2: Zoning Districts within the Boundaries of the Proposed 42 Star Island Historic Site and Surrounding Areas 42 STAR ISLAND PROPOSED LOCAL HISTORIC SITE 13 513 STAR ISLAND I I N VIII. HISTORICAL BACKGROUND History of Star Island Star Island itself was created purely by accident, as the Army Corps of Engineers dredged a channel on the bay side of Miami Beach (Kleinberg 55). This left a spoil island to the West, and Star Island as we know it was formed. The island was originally owned by Carl Fisher, who essentially created Miami Beach and the surrounding islands. The tactic used to create the island, of dredging soil, was pioneered in Miami by L.T. Highleyman; the Star Island project added a new, off-shore, dimension to this process. These development methods were adopted by the Miami Ocean View Company, which was led by John H. Levi, and Levi was the principal figure who notified Carl Fisher of the grand potential of Miami. The recruitment of the Pophams (original owners of the 42 Island Drive estate) to buy and build in such a prominent public location on Star Island represents the culmination of these promotional and development efforts by Fisher, Levi, and Highleyman at the end of the first great Miami Beach boom in real estate development. Understanding this history is crucial in understanding the history of the 42 Star Drive property, the subject matter of this designation report. Creating luxury from a swamp was the hallmark of the early to mid 1920's, and 42 Star Island remains as an accessible and critical piece of historical evidence of the audacity and perseverance of the "Boom Time", 1920's, developers. Miami. Miami Ocean View Company building State of Florida Archives, undated photo credited to Fishbaugh, W. A. (William A.) Levi had piloted Carl Fisher's boat around the southern end of the Florida peninsula, intending to meet Fisher in Jacksonville when, fatefully, he urged Fisher to join him in Levi was first elected to the Miami Beach Council in 1918, serving more than 20 years. Levi was also President of Miami Beach First National Bank. Later, John H. Levi, as Mayor of Miami Beach, appeared on the cover of Time Magazine (1940.02.19). The creator of Star Island, John H. Levi, is remembered today in the co-naming of Fifth Street on Miami Beach, again demonstrating the importance of the man himself and the structures on the ocean. The 42 Star Island Drive property was built at the end of the first great boom, and along with the island itself, I was the culmination of Levi's realized vision. 14 514 TIME John H. Levi-February 19, 1940 By 1919, the Miami Ocean View Company had fully begun the dredge and fill operation, enabling the residential development of Star Island. The county Causeway, whose construction had been delayed by WWI, was finally completed in 1920, establishing a permanent and easy link between the cities of Miami and Miami Beach (Lavender 29). Development of Star Island thus proceeded quickly, and the Star Island Yacht Club officially opened in 1923. The 42 Island Drive property itself was constructed in 1925, facing the eastern terminus of the County Causeway, just as the land speculation boom on Miami Beach was reaching its height (Kleinberg, 93-98). The new magnificent home could be clearly seen by those driving both directions on the Causeway. Undated Photo credited to Bramson, Sun Post, April21, 2010 History of 42 Star Island Drive The 1925 structure at the 42 Star Island Drive was the culmination of Boom Time development on the Island, causing a major turning point in Miami Beach history. The construction of this edifice also signified the climax of the use of classical and revivalist styles in architecture. The structure at 42 Star Island Drive exuded distinctive characteristics of an historical period, allowing it to be one of the primary structures that defined the architectural style of the period of the 1920's. 15 515 The original owner of today's 42 Star Island Drive was J.W. Popham. From the beginning, 42 Star Island was recognized as distinctly representative of its period. In the winter of 1933, the Popham estate was one of six in Greater Miami listed as destinations for a popular house and garden tour program. The New York Times described the tours "to the gardens of notable estates within the Greater Miami area. (January 22, 1933)." 42 Star Island was the first of three Miami Beach homes on the tour and the second overall, after Villa Serena, a now-landmarked property in Coconut Grove. Again, considering the Miami Beach Boom Time of the 1920's, it is clear that this period continues to serve a lasting and significant impact on the history of the entire Miami Beach area. The property located at 42 Star Island exemplifies all of the many prominent qualities of this historically significant Boom Time era, and it also embodies why Miami Beach quickly became the focus of national and international eyes, as the Island succeeded in all fashionable, glamorous, and desirable qualities. Thus, this structure yields essential information of the historically critical time that is not readily available from other sources and structures. The Architects George A. Varney & Walter C. DeGarmo As the City of Miami Beach Planning Department staff has noted, "The existing house was constructed in 1925 and designed by architects Degarmo & Varney (Design Review File No. 22936). Walter DeGarmo prepared plans for at least 32 structures on Miami Beach from 1914 through 1927, including a home for himself and several for other clients on Star Island. 32 structures-Walter DeGarmo Collection, History Miami Source: Kenneth DeGarmo, the architect's son http://historymiamiarchives.org/guides/index.php?p=collections/findingaid&id=111 O&g= walter+degarmo&rootcontentid=217 42 While one of DeGarmo's most prominent works, the Miami Beach Community Church, survives, 42 Star Island Drive's demolition would be a tragic loss of a property which has been described by Planning Department Staff as being worthy of Landmark Status. Walter De Garmo was a prominent architect of his time who contributed to the City of Miami Beach's historical, aesthetic and architectural heritage. He is one of the most significant figures in South Florida's architectural history. The J.W. Popham residence on Star Island is marked on the drawings held at History Miami as Walter C. DeGarmo's 2381h Commission. It is one of several that he prepared for properties on Star Island and one of at least 32 he prepared for structures on Miami Beach. DeGarmo was a significant part of an architectural era. DeGarmo, who came to Miami by 1906, was the first registered Florida architect in the Miami Beach area. 16 516 Among other significant buildings, DeGarmo is responsible for: Coral Gables Bank and Post Office, J.C. Penney Residence, McAllister Hotel, Hugh Matheson Residence, Miami Beach Community Church, Highleyman Residence, Coral Gables Administration Building, Ogden Residence, and his collaborations on the Douglas Entrance and Colonnade Building. Of the era, architectural writer and editor Beth Dunlop writes: "No era before or since offered up so many romantic possibilities for Florida. Though the finished products often reflected the spontaneous whims of the architects and the improvisational impulses of the craftsmen, they were persuasively old and excessively elegant" ("Inventing Antiquity: The Art and Craft of Mediterranean Revival Architecture," Journal of Decorative and Propaganda Arts, 23, 190-207). The J.W. Popham residence is more restrained and neo-classical than other revivalist structures of the era, but it participates in that spirit of "excessively elegant." The Owners James William Popham (1861 Hardin County, Kentucky -1951 Miami, Florida). JW Popham was a successful insurance broker who worked his way from humble beginnings in Kentucky to become a successful life insurance broker and an influential member of Atlanta Society. He was also one of the early owners of Miami Beach real estate, selling his original home on Palm Island to AI Capone before moving on to his final home of his own commission at 42 Star Island. In 1886 he married Modesta Popham in Hopkinsville, Kentucky. Popham's affinity for Miami Beach was widely known and press about his travels helped build awareness for Miami Beach in its earliest years of development. "Mr. Popham left Atlanta last week to spend the winter at his magnificent Florida home on Palm Island, off Miami, the place being one of the show spots of that city and abounding in excellent year-round fishing" (Atlanta Constitution, Oct 19, 1924). At the age of 64, Popham commissioned Walter DeGarmo to build 42 Star Island, which would be his most elegant and final home in Miami Beach. It would serve as his Florida base until his death in Miami in 1951, at the age of 90. In the 1930 census, JW Popham's home was valued at $70,000. Popham, 69 years old at the time, was listed as still working as an insurance broker. He lived at the home with his wife, daughter Delphine, and the family cook and gardener. 17 517 Modesta Popham (1860-1957) Modesta Popham was a well-regarded socialite of Atlanta and Miami Beach. Born the year before James W Popham in a nearby town in Kentucky, Mrs. Popham married James in 1886. They would spend 65 years together before James's death in Miami in 1951. One incident demonstrates that Mrs. Popham believed that land use decisions deserved public participation and that women should be part of the process. In 1909, Mrs. Popham joined her Atlanta neighbors in opposing the construction of what they believed to be an out-of-place hospital near her home. The objection was published in the Atlanta Constitution: "The section is exclusively a residence section and has been built up with splendid homes, much of the property being purchased subject to building restrictions, and improved in the faith that no objectionable buildings or institutions would be erected in the community. While the proposed institution is a notable charity with which we sympathize, we feel that it would succeed as well located elsewhere; that its location at said site would be decidedly unpleasant to us and would be a very great disadvantage to our property, and if located at this particular place, a very great disadvantage to our community. We earnestly request that you abandon this location and seek another." (Atlanta Constitution, Oct 7, 1909, page 6, "Objection is Made to Hospital Site") Mrs. Popham's social outings were documented in both the Atlanta Constitution and the Miami News, (Atlanta Constitution, March 26 1923, Miami News, March 24 1927). Mrs. Popham died in Miami in 1957 at the age of 97. The Popham family, typical and yet distinctive among the newly rich families recruited by Fisher and his partners to bring wealth and social prominence to Miami Beach in the 1920s, played, by their presence, a significant role in the history and development of Miami Beach. Coptic Church Controversy The residence at 42 Star Island can be recognized historically for past events in social history such as the epic battle with its next door neighbor at 43 Star Island in the 1970s. The issues rose quickly when the religious organization with roots in Jamaican Rastafarianism moved in next door to set up their Miami headquarters. The self proclaimed "luxury community with about 40 members" bought the property in 1975 for $270,000 cash and began their ritual practices which included marijuana smoking and hymn chanting amongst others. The group allegedly ran a marijuana smuggling ring in the property and disturbed its next door neighbors at 42 Star Island with constant clouds of marijuana smoke and chanting. The owners of 42 Star Island were not scared of voicing their concerns against the group and the epic battle between the neighbors included such acts as the 42 Star Island owners buying a 5 gallon can of tar and taking it on an airboat to blow smoke at the Coptics to aggravate them. Much media attention was given to this battle between the owner of the 42 Star Island Residence at the time 18 518 and the owners of 42 Star Island, the Ethiopian Zion Coptic Church (http ://vimeo .com/396627 48). IX. ARCHITECTURAL STYLE The building at 42 E Star Island Drive in Miami Beach is distinctly representative of its period in time and style of Mediterranean Revival architecture practiced by Miami's architect Walter C. DeGarmo and George A. Varney. 42 Star Island is a significant example of Mediterranean Revival architecture featuring rounded archway openings, colonnades, wrought iron balustrades, fixtures and ornament with influences from Italian, Moorish, North African, and Southern Spanish themes. Other common features of the style include bell towers, clay barrel tile roofs, rough stucco walls, balconies and awnings. Mediterranean Revival was practiced in the Miami area from about the 191 Os to early 1930s. The style was commonly used on single-family residences, hotels, apartments and commercial buildings. The structure is an iconic example of Mediterranean Revival style, which was prominent at the time in the area and practiced widely by many architects. X. GENERAL DESCRIPTION OF SITE IN ITS CURRENT CONDITION The building was designed as a single-family residence in 1925 on the prestigious man- made Star Island. 42 Star Island is a three-story structure facing Star Island Drive with a view of the ocean. The single-family residence is an inter-tile and stucco construction with a pile and concrete foundation. The roof system is a combination of hip roofs made out of tile. This stucco building is faced with a white paint finish. The residence is two stories in height with a central tower reaching a third floor. The front facade of the building facing Star Island Drive is overall symmetrical in elevation with a covered car entrance featuring a colonnade with rounded archways. The primary entryway is located behind the colonnade leading inside the building. The fenestration on the building is arranged horizontally featuring rectangular and rounded archway openings. The back facade of the building facing the ocean features a stone ornamented balustrade with an open brick tile porch and balconies with wrought iron balustrades. The original owner of today's 42 Star Island Drive was J.W. Popham. C.R. Justi was the general contractor for the structure and Permit #1463 was pulled in September 1925. Plumbing and electrical permits followed in December 1925. The CMB building card lists the dimensions as: front 126 feet, depth 24 feet, height 29 feet, stories 2 for a 13 room residence and garage. The CMB building card lists the cost at $35,000. Miami Design Preservation League was not allowed access to the site but the building card does not show any significant modifications to the structure since its construction. Small scale alterations include: repair of the sea wall in 1938; repair and reface sea wall & concrete deck bulkhead in 1959; clean and paint roof in 1966; cement tile on roof in 1966; exterior and interior painting, partitions, refinish patio, slab and gunite in 1979; and various electric and plumbing permits. 19 519 HistoryMiami (formerly History Museum of South Florida) holds drawings and plans for "Residence for J.W. Popham, Miami Beach." There are 31 numbered drawings and several unnumbered. The first numbered drawing held there is dated August 10, 1925 and signed by Walter C. DeGarmo; this drawing is marked "void." The second drawing is dated August 25, 1925 and is signed by Walter C. DeGarmo AlA and George A. Varney. The unnumbered drawings dated in 1926 include plans for decorative ceilings with their assigned colors. 20 520 XI. RECOMMENDATION The Planning Department finds the proposed 42 Star Island Drive Historic Site to be in compliance with the Criteria for Designation, numbers 1, 2, 3, 4, 5, and 6 listed in Section 118-592 in the Land Development Regulations of the City Code. Only one of the eight evaluation criteria is required to be satisfied. In staff's opinion, there is no doubt that the existing residence at 42 Star Island Drive possess an integrity of location, design, setting, materials, workmanship, feeling and association and satisfies the evaluation criteria for local historic designation on several levels, including association with events contributing to the City's history; embodying the characteristics of a historical/architectural period; possessing of high artistic values; representing the work of a master architect(s), and; yielding information important in history. Notwithstanding the above, however, the Planning Department is unable to recommend in favor of the individual local historic site designation for 42 Star Island Drive. This serious reluctance is entirely due to the date for initiating the designation process, at which time the owner of the property was already properly before the Design Review Board seeking approval of a new residence on the site. Design Review Board approval for the design of the proposed new residence was granted on March 5, 2013, following three appearances before the Design Review Board (the Design Review Board reviewed and continued the application at their December 12, 2012 and February 5, 2013 meetings). While staff wishes very much that this rare early and highly significant residence in Miami Beach, designed by prominent architects DeGarmo and Varney, could be retained, restored, and even added onto in an appropriate manner, staff does not believe that local historic site designation of this property would be appropriate at this time due to the unique circumstances of the property owner having already received Design Review Board approval for a new residence on the subject property). In consideration of the above Analysis of the Request, staff recommends that the Board not recommend in favor of the Historic Site Designation of 42 Star Island Drive as an individual local historic site. 21 521 THIS PAGE INTENTIONALLY LEFT BLANK 522 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the requirements for Hotel Office Uses in the RM-2 District. Key Intended Outcome Supported: Maintain strong growth management policies Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would modify existing requirements for the certain types of hotel office uses in the RM-2 District. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February/March _, 2014. NOTE: 2nd Reading of the subject Ordinance requires a 30 day notice. Advisory Board Recommendation: On November 19, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 5 to 1 (Jean-Francais Lejeune Opposed). Financial Information: Source of Funds: 1 2 3 OBPI Total Financial Impact Summary: Amount Account In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact {at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign-Offs: Department Director ~~~~ \__./ L./ r T:IAGENDA\20141January\RM-2 Hotel Offices-SUM 1st Read.docx MIAMI BEACH 523 I I City Nfa.nager 1\ '\ I AGENDA ITEM __._R....:....~=--...;J~- DATE 1-1 'S"-/t{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flor1da 33139, www.miamibeachll.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manage January 15, 2014 f the Ctission FIRST READING SUBJECT: RM-2 Hotel Offices AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-212, "MAIN PERMITTED USES," TO EXPAND THE ALLOWABLE USES IN THE RM-2 DISTRICT TO INCLUDE CERTAIN TYPES OF OFFICE USES THAT ARE ASSOCIATED WITH NEARBY HOTELS ON COLLINS AVENUE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February/March_, 2014. BACKGROUND On March 13, 2013, at the request of Commissioner Weithorn, the City Commission referred a discussion item to the Land Use and Development Committee, regarding a proposed amendment to include office uses associated with a hotel on Collins Avenue as a permitted use for properties in the RM-2 zoning district. On July 22, 2013, the LUDC referred to the Planning Board an ordinance to expand the permitted uses in the RM-2 District to include certain types of office uses associated with a nearby hotel. ANALYSIS Pursuant to Section 143-212 of the City Code, the main permitted uses in the RM-2 residential multifamily, medium intensity district are: Single-family detached dwellings; Town homes; Apartments; Apartment-hotels; and Hotels. 524 Commission Memorandum Mechanical Parking Systems January 15, 2014 Page 2of 2 The referral from the City Commission and the LUDC recommends that the permitted uses in the RM-2 district be expanded to allow for certain types of office uses, which are associated with nearby hotels on Collins Avenue. Specifically, the following language is proposed: Sec. 142-212.-Main permitted uses. The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-family detached dwellings; town homes; apartments; apartment- hotels; and hotels; and offices that are incidental and customarv to a hotel in the RM-3 district fronting Collins Avenue located no more than 1 .200 feet from the RM-3 hotel property. For purposes of this section, the distance between the RM- 3 hotel property and the RM-2 office property shall be measured by following a straight line between the properties' boundaries; further that office property shall be governed by a restrictive covenant approved as to form by the City Attorney, recorded in the public records, stipulating that the office use may only remain as long as the hotel use continues. The intention of the subject proposal is to give hotels located in RM-3 districts along Collins Avenue the flexibility of moving back office operations to adjacent properties within the RM-2 district. This would give hotels the ability to provide more rooms with ocean and street front views, without adding density. The proposed language also includes safeguards to ensure that offices proposed in the RM-2 district are within 1,200 feet of a hotel located on Collins Avenue and that the offices shall only be permitted while the hotel is operational. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on November 19, 2013, and recommended approval by a vote of 5 to 1 (Jean-Francais Lejeune Opposed). FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission: 1) Accept the recommendation of the Land Use and Development Committee via separate motion; and 2) Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February/March_, 2014. NOTE: 2"d Reading of the subject Ordinance requires a 30 day notice. JLM/JGG/RGL!TRM T:\AGENDA\2014\January\RM-2 Hotel Offices-MEM 1st Read.docx 525 RM-2 Hotel Office Uses ORDINANCE NO. _______ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-212, "MAIN PERMITTED USES," TO EXPAND THE ALLOWABLE USES IN THE RM-2 DISTRICT TO INCLUDE CERTAIN TYPES OF OFFICE USES THAT ARE ASSOCIATED WITH NEARBY HOTELS ON COLLINS AVENUE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City Code contains provisions for permitting office uses associated with hotels; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize the retention, preservation and restoration of hotel structures located within the Collins Avenue corridor; and WHEREAS, the City of Miami Beach desires to amend existing main permitted use requirements for hotels located in the RM-2 district along Collins Avenue; and WHEREAS, the amendment set forth below is 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 II entitled "District Regulations", Division 3 entitled "Residential Multifamily Districts", Subdivision IV entitled "Residential Multifamily, Medium Intensity", Section 142-212, "Main Permitted Uses," 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; and offices that are incidental and customary to a hotel in the RM-3 district fronting Collins Avenue located no more than 1.200 feet from the RM-3 hotel property. For purposes of this section. the distance between the RM-3 hotel property and the RM-2 office property shall be measured by following a straight line between the properties' boundaries: further that office property shall be governed by a restrictive covenant approved as to form by the City Attorney. recorded in the public records, stipulating that the office use may only remain as long as the hotel use continues. 1 526 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 re-lettered 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-----2014. ATTEST: CITY CLERK MAYOR APPROVEDASTOFORM AND LANGUAGE AND FOR EXECUTION 'i_j_J1,~ f-r -3 -1 4-y City Attorney ?l/-Date First Reading: Second Reading: January _, 2014 February/March _, 2014 Verified By: ------------ Richard G. Lorber, AICP Acting Planning Director Underline = new language Strikethrough = deleted language T:\AGENDA\2014\January\RM-2 Hotel Offices-ORO 1st Read.docx 2 527 THIS PAGE INTENTIONALLY LEFT BLANK 528 COMMISSION ITEM SUMMARY Condensed Title: Ordinance Amendment modifying the City's Flood Plain Management Ordinance to change the definition of Substantial Improvement to include improvements over a one year period as opposed to a five year period. 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 Amendment to Chapter 54 represents only one change to the Flood Plain Management Ordinance, Chapter 54, to change the definition of "substantial improvement to refer to those improvements that took place during a one year period, as opposed to the current ordinance's requirement of a five year period. Advisory Board Recommendation: I None. 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 Amendment to the Ordinance will have no impact on the City's finances .. islative Trackin artment Director MIAMI BEACH 529 AGENDA neM Rs K DATE 1-lS"-lY MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLO IDA, 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 THE DEFINITION OF "SUBSTANTIAL IMPROVEMENT" TO APPLY TO IMPROVEMENTS TAKING PLACE DURING A ONE YEAR PERIOD INSTEAD OF DURING A FIVE YEAR PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance. BACKGROUND The City Administration has reviewed its Flood Plain Ordinance for potential improvements to assist both homeowners and businesses that need to make substantial improvements to their structures. Chapter 54 currently requires that the value of all improvements to a structure over the previous five years be aggregated, and, if those improvements exceed 50% of the value of the building only (land value is excluded), that building must meet all current Flood Ordinance Requirements, including current elevation requirements. The requirements are covered by Chapter 54's definition of "Substantial Improvement" by requiring a property be brought up to current legal standards any time it is substantially approved. Over the years, many property owners have complained that they feel severely constrained by this calculation method. They say that the costs associated with bringing buildings up to current flood standards is prohibitive, and acts as a deterrent to the renovation and improvement to structures throughout the City. It is important to note that the requirement to go back five years for the purpose 530 City Commission Memorandum -Flood Plain Ordinance Amendment Page 2of2 of calculating the applicability of the "50% rule" is purely a function of Chapter 54 in the City Code, and not a requirement of the Federal Emergency Management Association (FEMA) or any other federal agency. In fact, the five year standard was only implemented by the City in 2009 (previously it had been 10 years). Property owners go to great lengths to ensure that the 50% rule does not apply to them, and many simply forego making necessary improvements that would increase property values for our residents, make properties safer, and improve neighborhood aesthetics. CONCLUSION For these reasons the City Administration recommends that the Mayor and Commission adopt the Ordinance by amending the definition of substantial improvement to include improvements that have taken place during the previous one year period as opposed to a five year period. ATTACHMENTS Attachment A: Proposed Ordinance JLM/JJ/MVF/SS T:\AGENDA\2014\January 15\floodamendmentsubstimpmemo.doc 531 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 THE DEFINITION OF "SUBSTANTIAL IMPROVEMENT" TO APPLY TO IMPROVEMENTS TAKING PLACE DURING A ONE YEAR PERIOD INSTEAD OF DURING A FIVE YEAR PERIOD; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Administration has reviewed its Flood Plain Ordinance for potential improvements to assist both homeowners and businesses that need to make substantial improvements to their structures; and WHEREAS, many property owners are severely constrained by the fact that the City currently considers the last five years worth of improvements when determining whether those improvements constitute substantial improvement; and WHEREAS, the Federal Emergency Management Administration (FEMA) does not require a certain time frame for a determination regarding when substantial improvement to a structure occurs and other local governments define such period as within one year; and WHEREAS, by reducing the time frame for consideration in the definition of "substantial improvement" the City will be encouraging property owners to renovate historic and other types of properties without fear of financially devastating consequences. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the definition of "substantial improvement" in Section 54-35 of Division 1 of Article II of Chapter 54 of the Code of the City of Miami Beach, Florida is hereby amended as follows. Other existing definitions in Section 54-35 are provided for reference purposes. CHAPTER 54 FLOODS * * 532 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. * * * Existing construction means, for the purposes of floodplain management, structures for which "the start of construction" commenced before September 29, 1972. For the purposes of determining rates, existing construction shall mean structures for which the "start of construction" commenced before 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 September 29, 1972. * * * 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 2 533 (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 (e) 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 September 29, 1972. The term also includes any subsequent improvements to such structures. For flood insurance rates, structures for which the start of construction commenced on or after September 29, 1972, and includes any subsequent improvements to such structures. * * * Repetitive Joss structure means a building that has incurred flood-related damages on two occasions during a 1 0-year period ending on the date of the event for which claim is made, on the average, equaled or exceeded 25 percent of the market value of the building the time of each such flood event. * * * Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. This term also includes "repetitive loss" structures as defined herein. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a fWe one-year period, in which the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start 3 534 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. 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 _________ , 2014. PASSED and ADOPTED this ___ day of , 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK Underline denotes additions and strike through denotes deletions (Sponsored by Commissioner Joy Malakoff) T:\AGENDA\2014\JANUARY\FLOODORDINANCEAMENDMENTSUBSTANTIALIMP 4 535 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 536 T COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to create new height requirements for commercial and multi-family zoned properties within 150 feet of single family 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 Summary/Recommendation: FIRST READING The proposed Ordinance would modify existing height requirements for commercial and multi-family zoned properties within 150 feet of single family districts. The Administration recommends that the City Commission discuss and consider the proposed Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014 if there is consensus for approval. Advisory Board Recommendation: On November 19, 2013, the Planning Board recommended that the City Commission NOT approve the proposed legislation by a vote of 4 to 2 (Henry Stolar and Jack Johnson 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, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign-Offs: Department Director ~ssistant City Manager lr17~JIJ11/JJ/, A A A .J l~(!__/ --I :IAGENDA\20141January\SF Height Interface-SUM 1st Read.docx MIAMI BEACH 537 r I II City '4imager , ...... ~--· -... - ( AGENDA ITEM ---~.R....:...;;;.S_L __ DATE /-IS'-/4 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 FIRST READING SUBJECT: Height Restrictions Adjacent to ingle Family Districts 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 IV, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 5, "HEIGHT REGULATIONS", BY CREATING SECTION 142-1162, "HEIGHT RESTRICTIONS ADJACENT TO SINGLE FAMILY ZONING DISTRICTS", TO ESTABLISH MAXIMUM HEIGHT REGULATIONS FOR ANY NON-SINGLE FAMILY PROPERTY LOCATED WITHIN 150 FEET OF A SINGLE FAMILY ZONING DISTRICT; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission discuss and consider the Ordinance at First Reading and schedule a Second Reading Public Hearing for February _, 2014 if there is consensus for approval. BACKGROUND On July 18, 2012, at the request of former Commissioner Gongora, the Mayor and City Commission approved a referral to the Land Use and Development Committee (LUDC) for a discussion regarding resolutions from "Miami Beach United" (MBU). These resolutions centered on the issue of compatibility of certain uses in proximity to residential uses, as well as the need to create safeguards while still allowing for flexibility of development. On November 5, 2012, the LUDC discussed the MBU proposals and requested that staff further analyze them and bring back options and recommendations. On December 19, 2012, the Committee referred to the Planning Board an ordinance to prohibit hotels in the West Avenue and Palm View corridors. The LUDC referred the balance of the MBU items (Sidewalk Cafes and Compatibility with Nearby Single-Family Residential Zones) to a special LUDC meeting. On February 21, 2013 the Land Use Committee referred the proposed Ordinance pertaining to the compatibility of multi-family and commercial development with adjacent single family districts to the Planning Board for consideration. 538 Commission Memorandum Ordinance -Height Restrictions Adjacent to Single Family Districts January 15, 2014 ANALYSIS Page 2 of 4 The subject Ordinance pertains to proposed developments within close proximity to single family residential neighborhoods. During the 2012 public hearings for the Palau development in Sunset Harbor, a number of concerns were expressed by nearby single family residents regarding the impact of the project on neighboring single family residential areas to the north and east. Similar concerns were also expressed several years ago with the approval of the Cabi project on 42nd Street and Pinetree Drive, which was also located in close proximity to a single family residential neighborhood. While the City's zoning map and future land use map are drawn in such a way as to try to separate incompatible uses and buffer lower scale neighborhoods from potentially higher intensity development, in a few cases, such a buffer may not be present. In order to address these particular cases, modifications to the maximum height requirements for non-single family districts have been proposed in order to more effectively buffer and protect nearby single family residents, while also allowing reasonable development to proceed. In most instances, single family neighborhoods are buffered by RO zoning, with a maximum height of thirty-three (33') feet, RM-1, CD-1 and CD-2 zoning districts with maximum height limitations of fifty (50') feet, or RM-2 zoning districts with a maximum height of sixty (60') feet. However there are some areas of the City, with adjacent CD-3 zoning districts with a maximum height limitation of seventy-five (75') feet (such as the Cabi project), and RM-3 zoning districts (such as the Sunset Harbor Townhomes), with a maximum height limitation of 150 feet. In order to provide a more compatible interface between higher density zones and adjacent low scale single family areas, minimum setbacks for the top floors of new development projects have been proposed. Exhbit '2a' -commercial, and Exhibit '2b'- residential, (attached), depict how the maximum building envelope of the Cabi site would be modified with the adoption of the proposed ordinance; the highlighted portion indicates the massing that would be reduced. The original MBU proposal would have limited all properties within 350 feet of single family zoning districts to a maximum building height of 33 feet, and properties within 500 feet of single family districts would be limited to 41 feet. However, there are an exceedingly large number of properties that would be affected by such a modification to the code, including many areas of the City currently zoned for medium and high intensity. This created problems from the standpoint of legal property rights and the Bert J. Harris Act, the Florida statute affecting down zoning. After further review by staff and the Planning Board, it was concluded that a 150 foot buffer would be adequate, as the most sensitive areas of interface between higher zoned areas and single family districts would still be included. However, the large majority of properties not directly adjacent or across a street or waterway from single family residential districts would be unaffected. Staff also concluded that the concerns of adjacent single family districts could be addressed by a lowering of the maximum building height for the portion of the property closest to the single family residential area. Specifically, these portions of a multi-family or commercial project could be limited to the lower height, permitting the building to step up further away from the residential areas. 539 Commission Memorandum Ordinance -Height Restrictions Adjacent to Single Family Districts January 15, 2014 Page 3 of 4 In this regard, staff recommended to the Planning Board a maximum height of 35 feet I 3 stories for the first 50 feet of depth along frontages directly adjacent or across the street or waterway to a single family district. Additionally, the Design Review or Historic Preservation Board, as applicable, could waive the aforementioned 50 foot depth requirement if the first 3 stories I 35 feet of the building meets a line-of-site test from the opposite side of the adjacent right-of-way across the street or waterway. By codifying a building envelope that is responsive to adjacent low scale development, property owners of new development projects will have a better understanding regarding the importance of scale, massing and height in certain areas. This will also allow the relevant development review boards to concentrate on other issues and the adjacent neighborhoods would have some expectation that the Code requires new development to be more responsive to the surrounding scale. At the direction of the Planning Board, and as shown in the 150 foot buffer map provided, staff has eliminated the commercial and residential lots which, although within 150 foot of a single family district, are not located directly adjacent to a single family district, and thus will not be impacted by the proposed ordinance, as drafted. For example, Exhibit '3' (attached) shows that the first three lots north of 17th Street on the east side of Alton Road, and the lots directly fronting 171h Street would not be impacted, unless joined with the lots directly abutting the neighboring single family zoning district to the north; the portion highlighted indicates the massing that would be reduced, compared to current zoning regulations. Finally, in response to additional direction from the Planning Board, in order to encourage the substantial preservation and renovation of lower scale buildings in RM-1 districts, while still allowing for new construction, staff recommended an exemption pertaining to 'Contributing' buildings located in a local historic district or National Register District, as well as 'Architecturally Significant' buildings, when such buildings are substantially retained and restored. For properties not located within a local historic district, the Design Review Board would make a determination as to whether the building is architecturally significant based upon new criteria proposed in the Ordinance. PLANNING BOARD REVIEW On May 28, 2013, the Planning Board reviewed the proposed Ordinance, provided additional comments and recommendations, and continued the item to a date certain of July 23, 2013. Specifically, the Planning Board requested that staff further evaluate the proposed 150' radius, as well as modify the ordinance to include roof-top projections, such as stair and elevator bulkheads, within the maximum height limits. On July 23, 2013 item was discussed and continued to a date certain of September 24, 2013. On September 24, 2013 the Ordinance was again reviewed by the Board and concerns were expressed regarding the impact the proposed Ordinance would have on properties located primarily in the RM-1 zoning districts of the North Beach area. Specifically, an issue was raised regarding how the rear of multifamily waterfront lots face the rear of single family homes, and how the Ordinance would effectively require that the higher massing of new construction be located closer to the Street. The matter was then continued to a date certain of November 19, 2013. 540 Commission Memorandum Ordinance -Height Restrictions Adjacent to Single Family Districts January 15, 2014 Page 4 of 4 The Planning Board reviewed the proposed Ordinance again on November 19, 2013, and recommended that the City Commission NOT approve the proposed legislation by a vote of 4 to 2 (Henry Stolar and Jack Johnson Opposed). FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. SUMMARY The proposed Ordinance amendment has undergone a great deal of scrutiny, as well as a number of revisions, since it was referred to the Planning Board almost a year ago. Notwithstanding the modifications made to the Ordinance, the Planning Board was not able to reach consensus on moving the proposed Ordinance forward. The majority of the Planning Board, after much discussion, concluded that the proposed changes to the height regulations were not warranted. Although Planning Department Staff was supportive of the proposed legislation at the Planning Board level, the Administration has some concerns with regard to the legislation moving forward, in light of the recommendation of the Planning Board. CONCLUSION The Administration recommends that the City Commission discuss and consider the Ordinance at First Reading and schedule a Second Reading Public Hearing for February _, 2014 if there is consensus for approval. JLM/JGG/RGUTRM T:\AGENDA\2014\January\SF Height Interface-MEM 1st Read.docx 541 Single family zoning -Properties within 150ft of s. f. zoning Commercial zoning 0 150ft buffer of s. f. zoning 0 542 " l ' t I l I ' ' ' j I I I i ' I . I ,' ' ' / ___ ,_ -~~-,._.L _ _____ 543 25' (T~) ~--·--=-- 30' 35' Maximum He~nt 1 ftlrfimSO'offOtde~,: _ _, ~--:-·.-----"- SHERIDAN AVENUE Exhibit '2a'-Example of maximum building envelope for a commercial building in CD-3 zoning 544 SHERIDAN AVENUE SO' Pedestal Height ! =-=-·- Exhibit '2b'-Example of maximum building envelope for a residential building in CD-3 zoning 545 -<-· t ~8 ___ ---·--~-~ ;_.,, . ....-.. ,p..---'' ·_· :-:~ -~ R~~L_t ___ - ~-! _:_·-~"---~~ r-4. ...... :.r _:___! : c-:-• • •~ <. • .'• ~ s . ~~4'"::, _·,:""~ -·-, ...... no~.,...,~.-'"~ "'"" < Exhibit 1 3'-Example of maximum building envelope for a commercial building in CD-2 zoning, and maximum building envelope for a residential building in RM-1 zoning. 546 HEIGHT RESTRICTIONS ADJACENT TO SINGLE FAMILY DISTRICTS 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 IV, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 5, "HEIGHT REGULATIONS", BY CREATING SECTION 142-1162, "HEIGHT RESTRICTIONS ADJACENT TO SINGLE FAMILY ZONING DISTRICTS", TO ESTABLISH MAXIMUM HEIGHT REGULATIONS FOR ANY NON-SINGLE FAMILY PROPERTY LOCATED WITHIN 150 FEET OF A SINGLE FAMILY ZONING DISTRICT; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to preserve and enhance the residential scale, character and livability of single family neighborhoods; and WHEREAS, in certain areas of the City, the close proximity of multifamily and commercial zoning districts present compatibility issues with existing lower scale single family neighborhoods; and WHEREAS, additional protections are necessary in order to buffer properties zoned for denser multifamily and commercial uses when located adjacent to single family districts; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for the maximum height of portions of development projects located adjacent to single family 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. That Chapter 142, "Zoning Districts And Regulations", Article IV, "Supplementary District Regulations", Division 5, Height Regulations, is hereby amended as follows: 142-1162. Height Restrictions Adjacent to Single Family Zoning Districts. Any property zoned for non-single family uses. and located within a 150 feet radius of a single family zoning district. and directly adjacent or across the street or waterway from a single family district shall be limited to the following: (a) The maximum building height for the first 50 feet of property depth along all portions of a lot directly adjacent or across the street or waterway from a single family district shall not exceed 35 feet and 3 stories; (b) The Design Review or Historic Preservation Board. as applicable, may waive this 50 feet height requirement if the portion of the building above the first 3 stories and 35 feet. complies with the line-of-sight requirement which for the purpose of this section is defined as not visible when viewed at eye level (5'-6" from grade) from the opposite 547 side of the adjacent right-of-way across the street or waterway; for corner properties, the portion of the building above the first 3 stories and 35 feet shall also not be visible when viewed at eye level from the diagonal corner at the opposite side of the right-of-way or waterway and from the opposite side of the side street right-of-way. All allowable roof top projections shall also comply with this sight line requirement. (c) Exemptions. When a building classified as 'Contributing' in a local historic district or National Register Architectural District, is substantially retained and restored, or when an architecturally significant building is substantially retained and restored. the restrictions for new construction noted in (a) and {b) above may be waived by the Design Review Board or the Historic Preservation Board. provided that the design review criteria in Section 118-251 or the certificate of appropriateness criteria in Section 118-564. have been satisfied. as applicable. For purposes of this subsection. for properties not located within a local historic district. the ORB shall make a determination whether the building is architecturally significant based upon the following criteria, all of which shall be satisfied in order for a structure to qualify as architecturally significant: (1) The subject structure is characteristic of a specific architectural style constructed in the city prior to 1966. including. but not limited to Vernacular. Mediterranean Revival, Art Deco, Streamline Moderne, Post War Modern (Miami Modern) or variations thereof: (2) The exterior of the structure is recognizable as an example of its style and/or period. and its architectural design integrity has not been modified in a manner that cannot be reversed without unreasonable expense; (3) Significant exterior architectural characteristics, features, or details of the subject structure remain intact; and (4) The subject structure embodies the scale, character and massing of the built context of its immediate area. 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. 548 PASSED AND ADOPTED this __ day of-------' 2014. ATTEST: CITY CLERK First Reading: January 15, 2014 Second Reading: February_, 2014 Verified by: ------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 01/03/2014 T:\AGENDA\20141January\SF Height Interface-ORD 1st Read.docx 549 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ·(-. ' 1-3-t4- Date THIS PAGE INTENTIONALLY LEFT BLANK 550 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to create new regulations for sidewalk cafes located within a 1 00' radius of a residential district. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would create new regulations for sidewalk cafes located within a 100' radius of a residential district. The Administration recommends that the City Commission discuss and consider the proposed Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014 if there is consensus for approval. Advisory Board Recommendation: On October 29, 2013, the Planning Board recommended that the City Commission NOT approve the proposed legislation by a vote of 6 to 1 (Jack Johnson Opposed). Financial Information: Source of Funds: D 1 2 3 OBPI Total Financial Impact Summary: Amount Account In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign-Offs: J Department Director _Assista~ City Manager l City rpanager U(__~ ./ f T:\.A.GENDA\2014\January\Sidewalk Cafe Distance Requirements-SUM 1st Rea .docx MIAMI BEACH 551 AGENDA ITEM DATE RS"M I-I ~-I<{ MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.m1omibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 FIRST READING SUBJECT Sidewalk Cafe Distance Separat1 n Requirements 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 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, "PERMIT", SECTION 82-385, "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," TO CREATE A REQUIRED DISTANCE SEPARATION OF 100 FEET FROM RESIDENTIAL DISTRICTS AND BY MODIFYING THE OPERATIONAL REQUIREMENTS OF SIDEWALK CAFES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission discuss and consider the Ordinance at First Reading and schedule a Second Reading Public Hearing for February/March_, 2014 if there is consensus for approval. BACKGROUND On July 18, 2012, at the request of former Commissioner Gongora, the Mayor and City Commission approved a referral to the Land Use and Development Committee (LUDC) for a discussion regarding resolutions from "Miami Beach United" (MBU). These resolutions centered on the issue of compatibility of certain uses in proximity to residential uses, as well as the need to create safeguards while still allowing for flexibility of development. On November 5, 2012, the LUDC discussed the MBU proposals and requested that staff further analyze them and bring back options and recommendations. On December 19, 2012, the Committee referred to the Planning Board an ordinance to prohibit hotels in the West Avenue and Palm View corridors. The LUDC referred the balance of the MBU items (Sidewalk Cafes, and Compatibility with Nearby Single-Family Residential Zones) to a special LUDC meeting. On February 21, 2013 the Land Use Committee referred the proposed Ordinance pertaining to Sidewalk Cafes to the Planning Board for consideration. 552 Commission Memorandum Ordinance -Sidewalk Cafe Distance Separation Requirements January 15, 2014 ANALYSIS Page 2 of 5 The proposed Ordinance pertains to sidewalk cafes in close proximity to residential neighborhoods and is intended to address problematic cafe uses that generate late night noise and disruption. The MBU resolution, which was the genesis for this legislation, recommended that the following regulations be imposed on proposed sidewalk cafes located within 200 feet of residential zoning districts: • The banning of outdoor speakers and music • Alcohol shall not be served unless accompanied by food • A Sft pedestrian path shall be observed at all times • Closing hours shall be 9:00pm on weekdays and 11:00 pm on weekends • Residents within the special cafe zone shall be notified of a pending permit within the zone and have the ability to offer comments on the proposed application Planning Department staff examined these issues through the use of existing licensing data for sidewalk cafes and maps of residential areas. Map analysis shows that a buffer of 200 feet from residential districts would subject almost all sidewalk cafes to the proposed restrictions; staff believed this was too broad. Staff suggested to the LUDC that additional regulations could be applied to proposed new sidewalk cafes which are 100 feet or less from nearby residential zones. Although this would not include the vast majority of cafes on Lincoln Road, it would capture those proposed cafes on the side streets adjacent to Lincoln Road, and other areas located close to residential uses. The LUDC also referred the item to the Planning Board with a recommendation that the hours of operation be limited to 12 midnight for weekdays, and 2:00AM for weekends. Another option proposed by staff was to impose a set of mandatory conditions on operations that would require Conditional Use approval from the Planning Board for any newly proposed sidewalk cafe located within 100 feet of a residential neighborhood. In this regard, applications can be reviewed on a case-by-case basis, with some areas potentially being exempted where such prohibition is not needed, and other areas controlled very strictly as conditions warrant. A similar ordinance currently requires the same review and approval for parking lots within 100 feet of a residential district or use, so the concept could be applied in the same way to sidewalk cafes. PLANNING BOARD REVIEW At the May 28, 2013 meeting, the Planning Board reviewed the proposed Ordinance, provided additional comments and recommendations, and continued the item to a date certain of August 27, 2013. On August 27, 2013 after limited discussion, the item was continued to a date certain of October 29, 2013. The following was discussed and presented at the August 27, 2013 meeting: • Staff clarified the 1 00 foot radius as being measured from the boundary of the residential zoning district to the designated area of the sidewalk cafe. The ordinance would apply to all sidewalk cafes within the buffer zone, regardless of alcohol service. It would not apply to outdoor seating located on private property, which is not governed by the sidewalk cafe ordinance (See attached boundary maps for North Beach and South Beach). • The proposed closing hours of any sidewalk cafe located within the 100 foot 553 Commission Memorandum Ordinance -Sidewalk Cafe Distance Separation Requirements January 15, 2014 Page 3 of 5 radius were changed to 11 :00 pm Sunday through Thursday, and 1 :00 am Friday and Saturday nights. • Staff also included a provision to allow existing sidewalk cafes, which may be nonconforming with respect to this ordinance, to maintain their current operation under an existing or renewed license, with no further extension of any nonconformity. Staff also recommended the following provisions under which any existing nonconforming sidewalk cafe license may be revoked or modified: 1) A nonconforming sidewalk cafe which remains idle or unused for a continuous period of six months shall not again be used except in conformity with these regulations. 2) Failure to comply with all of the m1mmum standards criteria and conditions for operation of sidewalk cafes outlined in this ordinance, as determined by The City Manager or his designee, may result in a revocation/modification of any non-conforming sidewalk cafe license. 3) Should there be three (3) valid complaints, (as determined by Code Compliance) about loud, excessive, unnecessary, or unusual noise, within any 6 month time period, any previously licensed nonconformities shall cease to exist, and a sidewalk cafe shall only be permitted to continue in conformity with these regulations. On October 29, 2013, the Planning Board discussed the proposed Ordinance again. At this meeting, staff provided a summary of meetings with various stakeholders in the matter, including MBU representatives and sidewalk cafe owners/operators. The purpose of these meetings was to further refine the proposed Ordinance. In this regard the following changes were incorporated into the Ordinance: 1) In consideration of the differing neighborhood characteristics throughout the City, the following areas were exempted from the Ordinance changes: a) Sidewalk cafes located within a CD-2 zoning district when the sidewalk cafe fronts solely on an MXE zoning district. (This refers to the CD-2 district between 73rd and 75th Street, and the CD-2 district along Washington Avenue between 61h Street and 16th Street). b) Sidewalk cafes located within an MXE, CD-2, CD-3, TC-1, or TC-2 zoning district when the sidewalk cafe fronts on Collins Avenue and is not facing an RM-1 or RM-2 zoning district. (This refers to the noted districts located on Collins Avenue between 651h Street and 72nd Street). Due to the specific nature of this area, which generally has higher ambient noise levels due to the high volume traffic along the two to three lanes of Collins Avenue, staff had recommend that these areas be excluded. 2) The hours of operation were changed to 12:00 Midnight, seven days a week; however the ability for an applicant to extend the hours of operation of a sidewalk cafe until 2:00 am through the Conditional Use process was reinstated. An added benefit of the Conditional Use review by the Board is that all property owners located within 375 feet of the sidewalk cafe would be notified through the public noticing process. 3) The provision to allow an existing sidewalk cafe, which may be noncoforming 554 Commission Memorandum Ordinance -Sidewalk Cafe Distance Separation Requirements January 15, 2014 Page 4 of 5 with respect to this ordinance, to maintain their current operation under an existing or renewed license, was retained as previously proposed. It was also noted that although the rear of properties along most of Alton Road between 61h Street and Dade Blvd. would be included in the buffer zone, no portion of the front of any property along Alton Road (where a sidewalk cafe is likely to be located) would be subject to the additional restrictions of this Ordinance revision as they are located outside of the 1 00 foot buffer zone. The Planning Board reviewed the proposed Ordinance again on October 29, 2013, and recommended that the City Commission NOT approve the proposed legislation by a vote of 6 to 1 (Jack Johnson Opposed). FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. SUMMARY The proposed Ordinance amendment has undergone a great deal of scrutiny, as well as a number of revisions, since it was referred to the Planning Board almost a year ago. Notwithstanding the modifications made to the Ordinance, as well as the numerous meetings between MBU and sidewalk cafe operators, the Planning Board did not recommend moving the proposed Ordinance forward. The majority of the Planning Board, after much discussion, concluded that the proposed changes to the existing sidewalk cafe regulations were not warranted. Although Planning Department Staff was supportive of the proposed legislation at the Planning Board level, the Administration has some concerns with regard to the legislation moving forward, in light of the recommendation of the Planning Board. If the Commission should elect to move forward with the proposed Ordinance, the Administration would recommend that the ability for the requirements in the proposed Ordinance to be waived by the Planning Board as part of a Conditional Use Permit be waived and that the proposed hours of operation be modified to not extend past 1:00AM on the weekends and 11:00 PM on the weekdays. The Administration would further suggest that Section 82-385(v)(4) of the Planning Board transmitted version be deleted. This particular subsection pertains to the establishment of 'Nonconforming' cafes and would be very difficult to administer over time, as all sidewalk cafe licenses are renewed yearly. Moreover, as these particular cafe licenses are on public property, the City controls all facets of the renewal process. CONCLUSION The Administration recommends that the City Commission discuss and consider the Ordinance at First Reading and schedule a Second Reading Public Hearing for February, 2014 if there is consensus for approval. If the Commission elects to move forward with the proposed Ordinance, the Administration recommends the following changes: 555 Commission Memorandum Ordinance -Sidewalk Cafe Distance Separation Requirements January 15, 2014 waived by the Planning Board as part of a Conditional Use Permit. Page 5of 5 2. Modify the hours of operation to not extend past 1:00 AM on the weekends and 11 :00 PM on the weekdays. 3. Delete Section 82-385(v)(4) of the proposed Ordinance, pertaining to Nonconformances. JLM/JGG/RGL/TRM T:\AGENOA\2014\January\Sidewalk Cafe Distance Requirements-MEM 1st Read.docx 556 n Sidewalk cafe within 1OOft of residential zoning • Sidewalk cafe ~~~~·· Residental zoning D 1 00' buffer of residential zoning 0 Sidewalk cafe with· s·d rn 1OOft f J ewalk ca~ o residential . e zonrng • Residental . zonrng .,..-,---I 1 00' buff er of residential . zonrng SIDEWALK CAFE DISTANCE SEPARATION REQUIREMENTS 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 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, "PERMIT," SECTION 82-385, "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," TO CREATE A REQUIRED DISTANCE SEPARATION OF 100 FEET FROM RESIDENTIAL DISTRICTS AND BY MODIFYING THE OPERATIONAL REQUIREMENTS OF SIDEWALK CAFES; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission have deemed it in the public health, safety and welfare of the City to modify existing requirements, standards and procedures for the operation of sidewalk cafes; and WHEREAS, the Mayor and City Commission deem it appropriate to create distance separation requirements for sidewalk cafes within 100 feet of a residential district, in order to protect the health, safety and welfare in Miami Beach; and WHEREAS, the City of Miami Beach Planning Board has considered the ordinance on October 29, 2013 and voted 6-1 to NOT recommend approval of this proposed amendment to the Code; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 82, "Public Property," Article IV, "Uses in Public Rights-Of-Way," Division 5, "Sidewalk Cafes," Subdivision II, "Permit", Section 82-385, "Minimum Standards, Criteria, And Conditions For Operation Of Sidewalk Cafes," is hereby amended as follows: * * * Sec. 82-385. -Minimum standards, criteria, and conditions for operation of sidewalk cafes. (a) The permittee shall take any and all actions to assure that its use of the public right-of-way in no way interferes with patrons of other sidewalk cafes, or limits their free, unobstructed passage thereto. (b) Sidewalk cafes shall be located in such a manner that a distance of not less than five feet is maintained at all times as a clear and unobstructed five-foot pedestrian path around public amenities and areas such as, by way of example, fountains, landscaped areas (excluding city planters), and seating/shade structures. Notwithstanding the preceding, the city manager, in his reasonable judgment and discretion, and on a case-by-case basis, may approve and allow for a pedestrian path of less than five feet where an applicant/permittee's sidewalk cafe operation would be significantly impacted. In considering such cases, and in determining whether an applicant/permittee is "significantly impacted," the city manager may apply the criteria set forth 1 559 in subsections 82-384 (c)(1 )-(4). A five-foot pedestrian path shall also be required and established where the city manager, in his reasonable judgment and discretion, determines that the operation of a sidewalk cafe inhibits pedestrian access to an adjacent business establishment or adversely affects the visibility of an adjacent storefront. (c) No tables, chairs, umbrellas, or other sidewalk cafe furniture shall be permitted within ten feet of a bus bench and/or bus shelter. A distance of five feet shall be maintained from taxi stands, fire hydrants, bike racks, directory signage/kiosks, and/or other similar public street furniture and/or fixtures. (d) No tables, chairs, umbrellas or other sidewalk cafe furniture shall be permitted within five feet of an alley, pedestrian crosswalk, or corner curb cut. (e) The pedestrian path for Lincoln Road shall be a 12-foot clear path for emergency and maintenance vehicles. The exact location of the path on each block shall be determined by the city manager, in his reasonable judgment and discretion, and shall be incorporated into the sidewalk cafe site map of Lincoln Road. (f) No object shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the free use of the tables and chairs by the public, or (in the case of Lincoln Road) which would have the effect of obstructing the pedestrian path or public access between the north and south sides of Lincoln Road. (g) The area covered by a sidewalk cafe permit, and the sidewalk and street immediately adjacent to it, shall be maintained in a clean, neat and orderly appearance at all times by the permittee. The area of the sidewalk, curb and gutter immediately adjacent to the sidewalk cafe 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 permittee shall be responsible for pressure cleaning the floor surface on which the sidewalk cafe is located at the close of each business day. The city shall pressure wash the right-of-way from time to time in accordance with such schedule as shall be established in the reasonable judgment and discretion of the city manager. In establishing said schedule, the city manager shall use reasonable efforts to assure that the city's pressure cleaning of the public right-of-way occurs at such times as will cause the least disruption to sidewalk cafe operations. (h) Tables, chairs, umbrellas and any other sidewalk cafe furniture shall be maintained in a clean, attractive, and orderly appearance, and shall be maintained and kept in good repair at all times. (i) All sidewalk cafe furniture shall be of high quality, design, materials, and workmanship so as to ensure the safety and convenience of the public. U) Only the sidewalk cafe furniture specifically shown on the approved sidewalk cafe site plan shall be allowed in the permit area. (k) All tables, chairs, umbrellas, and any other sidewalk cafe 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. (I) The stacking or piling up of chairs shall be prohibited on the right-of-way. On Lincoln Road Mall, tables, chairs and closed-up umbrellas may only remain on the right-of-way (within the permit area) as long as they are placed in an orderly manner. Notwithstanding the foregoing, on Lincoln Road Mall tables, chairs and closed-up umbrellas may remain on the right-of-way as long as 80 percent of the restaurants on Lincoln Road Mall are open for lunch beginning at 11:00 a.m. The city will make this determination on two separate times during each permit year. The first determination shall be made on October 1, with the second determination being made on April 1 of each year. The phrase "open for lunch" shall be defined by the serving of meals to patrons during the lunch hour. If the city determines that less than 80 percent of the restaurants on Lincoln Road Mall are open for lunch on either October 1 or April 1 of a permit year, then the 2 560 following regulation shall apply to all restaurants on Lincoln Road Mall. Any and all other sidewalk cafe furniture including without limitation, rolling service stations, service carts and bussing stations, may only be maintained in the permit area during hours of operation provided however, that planters that cannot be readily removed may remain within the permit area subject to the provisions of subsection (s) hereof. On Lincoln Road Mall, rolling service stations, service carts, and bussing stations shall not be permitted to be placed within five feet of the walls, columns, or posts of the Lapidus structures, city planters, or in front of other storefronts and/or business establishments. Notwithstanding anything contained in this subsection (1), the city manager may require a permittee to store its tables, chairs and/or umbrellas off of the right- of-way if, in his reasonable judgment and discretion, the city manager determines that the sidewalk cafe permit area and immediately adjacent public right-of-way are not being adequately maintained in accordance with this division. (m) No storage of dishes, silverware or other similar sidewalk cafe equipment shall be allowed in the permit 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. (n) There shall be no live entertainment or speakers placed in the permit area unless expressly permitted as a special event. Conditions such as hours and days of operation and audio levels will be regulated by the city's special events office, and these may vary during the year. (o) One menu board and one specials board shall be permitted, per sidewalk cafe, for every 50 feet of frontage. (p) No food preparation, food storage, refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the right-of-way. (q) No food displays shall be permitted on the public right-of-way. No advertising signs or business identification signs shall be permitted on the public right-of-way 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. (r) Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. No portion of an umbrella shall be less than six feet eight inches above the right-of-way. Two or more umbrellas may not be clipped, zipped or otherwise fastened together in order to form a tentlike structure. Clear plastics or other materials may not be fastened, rolled or otherwise be attached to umbrella edges in order to create an enclosure. (s) The city manager may permit the use of planters manufactured of terra-cotta or polymer materials, with the number and size to be reviewed at time of application. Placement of planters within sidewalk cafe areas shall be five feet apart or greater. It shall be the permittee's responsibility to immediately remove planters, upon written and/or verbal notice from the city manager, in case of emergency or other circumstances as provided in this division. Maximum size of planters shall not exceed the following: ( 1) Rectangular planters: 30 inches long, by 15 inches wide by 20 inches high. (2) Round planters: 24 inches diameter by 24 inches high. (3) Planters 20 inches or higher shall be on rollers or on rolling bases. (4) The combination of planters and plant height should not exceed a table height of 34 inches. 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. Water drainage from any plants onto the sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage. (t} Permittees may make written request to the city manager to use city electricity for powering floor fans during the summer months. Summer months are defined as the period beginning on May 1, and ending on September 30. The city manager will make electrical outlets operable upon payment of a flat fee, which fee shall be determined, and may be adjusted from time to time, in the reasonable judgment and discretion of the city manager, for each of the calendar days during the summer months. City electrical outlets will be restricted to powering floor fans 3 561 only. Using the electrical outlets for powering lights, menu board lighting, and any other electrical device is strictly prohibited. Permittees violating this restriction will have the electrical boxes deactivated and forfeit any monies paid for electrical use. Fans must be UL approved for outdoor use. Extension cords are not allowed. (u) No permit shall be granted on Lincoln Road in an area designated in the sidewalk cafe site map as restricted for special and cultural events; provided however, that the city manager may approve temporary use of such area(s), on a case by case basis, and only for a defined, limited time. (v) For sidewalk cafes located within a 100 feet radius of a residential district (such radius shall be measured from the boundary of the residential zoning district to the designated area of the sidewalk cafe), the following shall apply, unless waived by the Planning Board as part of a Conditional Use Permit: however in no case shall the hours of operation extend past 2:00a.m.: (1) No outdoor speakers shall be permitted; (2) Alcoholic beverages shall only be permitted when served in conjunction with food service. (3) The hours of operation for sidewalk cafes shall not extend past 12:00 midnight. seven days a week. (4) Nonconforming sidewalk cafes. For existing sidewalk cafes which are nonconforming with respect to Section 82-385 (v), and which were licensed prior to 2013, the following shall apply: (a) Existing nonconformances shall not be further extended. (b) A nonconforming sidewalk cafe which remains idle or unused for a continuous period of six months. shall not again be used except in conformity with these regulations. (c) Failure to comply with all of the minimum standards criteria and conditions for operation of sidewalk cafes outlined in this ordinance. as determined by the City Manager or his designee. may result in a revocation/modification of any non-conforming sidewalk cafe license. (d) Should there be three (3) valid complaints. (as determined by Code Compliance) about loud, excessive, unnecessary, or unusual noise, within any 6 month time period, any previously licensed nonconformities shall cease to exist, and a sidewalk cafe shall only be permitted to continue in conformity with these regulations. (5) The following shall be exempt from the provisions of Section 82-385 (v)( 1-4) above: (a) Sidewalk cafes located within a C0-2 zoning district when the sidewalk cafe fronts solely on an MXE zoning district. (b) Sidewalk cafes located within an MXE, C0-2, CD-3, TC-1, or TC-2 zoning district when the sidewalk cafe fronts on Collins Avenue and is not facing an RM-1 or RM-2 zoning district. 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 4 562 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 _______ ,, 2014. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION First Reading: January 15, 2014 Second Reading: February __ , 2014 Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 01/02/2014 dJJ&,(- ycity Attorney"f':;:/- T:\AGENDA\2014\January\Sidewalk Cafe Distance Requirements-ORD 1st Read.docx 5 563 Date THIS PAGE INTENTIONALLY LEFT BLANK 564 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the requirements for Mechanical Parking Systems. 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 effortput forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would modify existing requirements for the use of Mechanical Parkign Systems. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014. Advisory Board Recommendation: On September 24, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 6-0. 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, and determined that there will be no measurable impact on the City's budget. City Clerk's Off1ce Legislative Trackin Richard Lorber or Thomas Mooney Department Director T:\AGENDA\2014\.January\Mechanical Parking-SUM 1st Read.docx MIAMI BEACH 565 AGENDA ITEM _.:.....R_"S"~fJ,...,....,..... DATE f-(~-~~ ttl MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flori do 33139, www.miamibeachfl.gov COMMISS ON MEMORANDUM TO Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 FIRST READING SUBJECT: Mechanical Parking Systems 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 130 "OFF- STREET PARKING," ARTICLE II "DISTRICTS, REQUIREMENTS," SECTION 130-38, "MECHANICAL AND ROBOTIC PARKING SYSTEMS," BY MODIFYING THE REQUIREMENTS FOR MECHANICAL PARKING DEVICES AND ROBOTIC PARKING SYSTEMS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014. HISTORY At the January 18, 2012 Land Use Committee Meeting, staff was directed to prepare an Ordinance regarding the intensity of mechanical parking systems. The proposed Ordinance was referred to the Planning Board by the Land Use Committee on December 19, 2012 and by the City Commission on February 6, 2013. BACKGROUND In 2008, the City Commission adopted an Ordinance creating regulations, standards and procedures for the use of 'Mechanical Parking Systems'. Over the years, with the availability of land for conventional parking structures becoming less prevalent, more interest has been shown in the use of mechanical parking lifts or robotic type parking systems within parking garages in Miami Beach. Prior to the approval of this Ordiannce, a number of parking workshops were held. One of the chief concerns during these workshops, was the potential of overdevelopment that could result from the use of such mechanical parking systems. The Planning Department has had an ongoing concern regarding the increased density and intensity of development that could occur when parking lifts are used to satisfy the parking requirements for new developments, as the use of lifts can double or triple the amount of dwelling units or commercial floor area of a new development. 566 Commission Memorandum Mechanical Parking Systems January 15, 2014 Page 2of 4 Often, it is the parking requirement that is the limiting factor on new development, where a certain FAR or maximum building height could not be reached without the ability to provide the requisite number of parking spaces. The Department's concern has been that through the use of parking lifts to satisfy parking requirements for new construction, great increases in density and intensity could result. ANALYSIS The proposed revisions to Section 130-38, pertaining to mechanical and robotic parking systems, address two specific issues that have arisen since the original adoption of the Ordinance in 2008. The first issue deals with the use of subterranean parking in conventional, schematic parking diagrams. The second deals with the amount of accessory commercial space required for stand alone mechanical garages. The existing mechanical parking systems Ordinance permits the use of mechanical parking to satisfy off street parking requirements if it does not increase the density and/or intensity of a development project over and above what could have been realized through conventional parking. In order to address this, the existing Ordinance requires that any proposed use of mechanical parking systems to satisfy off-street parking requirements must include two (2) separate schematic floor plans as part of the site plan review process by the applicable land use board. The first set of schematic plans must meet the minimum requirements and design standards of the city code for off street parking, with the total number of parking spaces shown on the plans. The second set of schematic plans must show how the proposed development project would utilize a mechanical parking system to satisfy accessory off-street parking requirements. Attached are illustrations of the parking plans for recently approved development projects at 120 Ocean Drive and 321 Ocean Drive, which have proposed mechanical parking systems and used above grade conventional plans. Both of these projects demonstrate tangible reductions in massing with the use of mechanical parking systems. The purpose of requiring these 2 schematic drawings is to ensure that a property is not over developed by substantiating that required parking can be provided in a conventional manner. Under current code, there are no restrictions or limitations on the use of below grade parking spaces in the first set of schematic plans noted above. However, the use of below grade parking has the potential to artificially inflate the actual ability to provide required off street parking in a conventional manner, as required by the first set of schematic plans. The reason for this is that the practicality of providing one or more sub grade parking levels is highly questionable from a cost feasibility stand point. Attached are illustrations of the parking plans for the Palau Project at 1201-1237 20 1h Street and the Extended Stay Hotel at 1231 17th Street. Both of these projects have proposed mechanical parking systems that use below grade parking levels as part of their conventional parking schematics. The actual bulk and mass of the parking pedestals has not increased with the use of mechanical parking systems, but only because the projects propose to relocate parking that would otherwise have to be located below grade. If some of this parking proposed to be located below grade was required to remain below grade, the bulk of the parking pedestal could have been reduced. In order to address this issue, the proposed Ordinance would allow the first set of schematic plans to include one level of below grade parking spaces, provided such below grade spaces are within the confines of the subject development site, and are not located below City property, adjacent private property that is not part of the development site or any rights-of-way. Additionally, if the first set of schematic plans includes one 567 Commission Memorandum Mechanical Parking Systems January 15, 2014 Page 3 of 4 level of below grade parking spaces, at least 50% of the proposed mechanical system parking spaces must be located below grade. As it pertains to the issue of accessory uses, currently, parking spaces within commercial main use parking garages utilizing mechanical parking may be used to satisfy off street parking requirements for residential or commercial uses required by the Code for activating the first floor and for the cladding of the garage. In order to ensure that the main use of these structures remains a 'main use parking garage', the proposed Ordinance would place limitations on the intensity of these ancillary uses. Specifically, any accessory use within commercial main use parking garages utilizing mechanical parking would not be able to generate an off-street parking requirement in excess of 25% of the total number of spaces in the garage. Staff has also proposed minor text changes pertaining to the review and applicability of mechanical parking systems. These text changes are non-susbstantive and simply clarify that all proposals for a mechanical parking system are subject to the review and approval of the Planning Board. In addition to the proposed revisions drafted by Planning Department Staff, the Planning Board recommended the following modifications, which have been incorporated into the draft Ordinance: • Section 130-38 (5)(h) of the proposed Ordinance was updated by specifying that the findings of the required yearly inspection be summarized in a report signed by a licensed mechanical engineer and that such report be furnished to the Planning Director and the Building Official. The Building Official, via all applicable disciplines (eg, mechanical and electrical) will be able to substantiate the findings of the reports. • Further refinements to Section 130-38 {5)(h) of the proposed Ordinance regarding the inspection process, as well as a requirement for 'load bearing' lift platforms, have been incorporated. Collectively, staff believes that the proposed modifications are fully consistent with the original intent of the ordinance, and are needed in order to ensure that the use of mechanical parking systems is not abused, and does not result in the artificial intensification of a development site. PLANNING BOARD REVIEW The subject Ordinance was first scheduled to be considered by the Planning Board on February 26, 2013, but was continued to a date certain of April 3, 2013, due to the length of the Board agenda. On April 3, 2013 the Board discussed the Ordinance and continued the matter to May 28, 2013, in order for the Ordinance to be revised. On May 28, 2013, the matter was continued to a date certain of September 24, 2013, in order to incorporate further refinements to the Ordinance, as well as provide additional documentation demonstrating reductions in massing with mechanical parking systems. The Planning Board reviewed the proposed Ordinance on September 24, 2013, and recommended approval by a vote of 6 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 568 Commission Memorandum Mechanical Parking Systems January 15, 2014 Page 4 of 4 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. 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A-1.3 M co Lt') MECHANICAL PARKING SYSTEMS (As Transmitted by the Planning Board on 9/24/2013) 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 130 "OFF-STREET PARKING," ARTICLE II "DISTRICTS, REQUIREMENTS," SECTION 130-38, "MECHANICAL AND ROBOTIC PARKING SYSTEMS," BY MODIFYING THE REQUIREMENTS FOR MECHANICAL PARKING DEVICES AND ROBOTIC PARKING SYSTEMS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the regulations governing off-street parking spaces contained in Chapter 130 of the City Code, Sections 130-61 through 130-65 of Article II "Design Standards" delineate the requirements for parking space dimensions and layout; and WHEREAS, mechanical and robotic parking systems are intended to be used within parking garages in order to increase parking capacity in Miami Beach and to provide a more suitable method of providing required parking without increasing the intensity of a development project; and WHEREAS, the City Commission is concerned that the current requirements of the City's mechanical parking systems Ordinance have increased the density and intensity of certain types of development within the City; and WHEREAS, The City seeks to modify the requirements for mechanical and robotic parking systems so that off-street parking requirements may be satisfied in a more appropriate manner as they pertain to the scale, mass, bulk and design of the parking structure, without increasing the intensity of a development project. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 130, Off-Street Parking, Article II, "Districts, Requirements," Section 130-38 entitled "Mechanical And Robotic Parking Systems" is hereby amended as follows: Sec. 130-38. Mechanical and Robotic Parking Systems. * * " (3) Exceptions to the mechanical parking prohibition may be permitted considered by the planning board, pursuant to the conditional use process in chapter 118. article IV of the City Code, if the proposed project meets the following conditions: a) Commercial main use parking garages on a separate lot. i) Commercial main use parking garages, open to the public, may utilize mechanical parking devices, robotic parking systems and/or vehicle elevators, subject to all other provisions of Section 130-68. 584 ii) Parking spaces within commercial main use parking garages utilizing mechanical parking may be used to satisfy off street parking requirements for residential or commercial uses required within the building by Section 130-68 for the cladding of such garages, as may be required by the design review procedures. Notwithstanding the foregoing. any accessory commercial use within commercial main use parking garages utilizing mechanical parking shall not generate an off- street parking requirement in excess of 25% of the total number of spaces in the garage. * * * c) Projects proposing to use mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements. i. Projects proposing to use mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements shall prepare schematic floor plans prior to site plan review by the applicable land use board. Two sets of schematic floor plans shall be required: 1. One set of schematic plans sufficient to show the proposed development project with accessory and main use off-street parking requirements satisfied by traditional, non-mechanical means, meeting all aspects of the design standards for parking spaces required in Article Ill of Chapter 130, and other provisions of these land development regulations, and requiring no variances from these provisions; and, 2. A second set of schematic plans, sufficient to show the same proposed development project, utilizing mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements. The first set of schematic plans shall be reviewed by Planning Department staff for zoning compliance prior to the site plan review hearing by the applicable land use board. This first set of schematic plans may include one level of below grade parking spaces. provided such below grade spaces are within the confines of the subject development site and are not located below City property, adjacent private property that is not part of the development site or any rights-of-way. If it is determined that these schematic plans meet the requirements of the design standards of the city code, then the total number of parking spaces shown on the plans shall be noted. Henceforth, the project may proceed to site plan approval based on the second set of plans, using mechanical parking. However, if the first set of schematic plans includes below grade parking spaces, at least 50% of the number of below grade parking spaces shown in the first set of plans must be located below grade in the second set of plans utilizing mechanical parking. Further. the allowable residential density, and the intensity of the uses permitted for the proposed project, shall not exceed that which would have been permitted using the number of parking spaces noted on the first set of plans using traditional parking. No variances to these provisions shall be permitted. * * 2 585 * (4) As part of the conditional use review process for the uYse of mechanical parking devices, robotic parking systems and/or vehicle elevators under any of the provisions of this section, shall reqblire csnditienal~;~se approval from the planning eeard. T!he planning board shall consider the following review criteria when considering each application for the use of mechanical parking systems: * * * (b) Whether the proposed use of mechanical parking results in an improvement of design characteristics and compatibility with the surrounding neighborhood and has demonstrated to the Planning Board how the scale. mass. volume and height of the building are reduced by the use of mechanical parking; * * * (5) Mechanical parking systems devices. robotic parking systems and/or vehicle elevators must also satisfy the following conditions: (a) The noise or vibration from the operation of mechanical parking lifts, car elevators, or robotic parking systems shall not be plainly audible to or felt by any individual standing outside an apartment or hotel unit at any adjacent or nearby property. In addition, noise and vibration barriers shall be utilized to ensure that surrounding walls decrease sound and vibration emissions outside of the parking garage; (b) For mechanical lifts, the parking lift platform must be fully load bearing. and must be sealed and of a sufficient width and length (minimum of eight feet by 16 feet) to completely cover the bottom of the vehicle on the platform to prevent dripping liquids or debris onto the vehicle below; (c) All free-standing mechanical parking lifts must be designed so that power is required to lift the car, but that no power is required to lower the car, in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outage; robotic garages and vehicle elevators must have backup generators sufficient to power the system; (d) All mechanical lifts must be designed to prevent lowering of the lift when a vehicle is parked below the lift; (e) The ceiling heights of any parking level with parking lifts within the parking garage shall be a minimum of 11 feet by six inches; (f) All parking lifts shall only be operated using a spring loaded underwriters laboratories (UL) approved key switch control. No push button is allowed; (g) All electrical components of the lifts shall be underwriters laboratories (UL) approved; (h) All mechanical parking systems, including lifts, elevators and robotic systems, must be inspected and serviced certified as safe and in good working order by a licensed mechanical engineer at least once per year with an annblal safety and the findings of the inspection shall be summarized in a report signed by a the same licensed mechanical engineer or firm. Such report shall be furnished to the Planning Director and the Building Official; and (i) All parking lifts shall be maintained and kept in good working order. (6) The proposed use of mechanical parking systems. including mechanical parking lifts. robotic parking systems or vehicular elevators. for any type of development or improvement. including. but not limited to vehicle storage, whether proposed under the provisions of section 130-38, or any other section of the City Code, shall require compliance with the provisions of sections 130-38(4) and 130-38(5). and shall require the review and approval of the planning board, pursuant to the conditional use process in chapter 118. article IV of the Code. 3 586 SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _______ , 2014. ATTEST: CITY CLERK First Reading: Second Reading: First Reading: January15, 2014 Second Reading: February_, 2014 Verified by: =-----=-------:-----==---......- Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language Strikethro~sh denotes deleted language T:IAGENDA\2014'January\Mechallical Parking-ORD 1st Read.docx 4 587 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION 1-3-(4- Date THIS PAGE INTENTIONALLY LEFT BLANK 588 COMMISSION ITEM 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 iDROP) 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 8 GSAFIMBERP members and a five year DROP for Tier C (post 2010 employment date} members. In the now ratified collective bargaining agreement (CBA) between the City and GSAF covering the period October 1, 2012, through September 30, 2015, the parties agreed to extend the DROP period for Tier A and Tier B GSAF/MBERP members from three to five years, effective October 16, 2013. The same agreement was reached with the Communication Workers of America (CWA) and applied also applied to non-represented employees in the "other" and "unclassified" salary groups. The reasons why the DROP yields saving to the City's annual required contribution (ARC) toward pension benefits is that while in DROP, participants are not eligible for what would otherwise be the annual retiree cost-of-living increase. In FY 2014/15, the DROP extension is projected to generate $43,041 in savings toward the City's ARC and $337,491 in savings off the unfunded actuarial accrued liability (UAAL). The GSAF also agreed to eliminate the provision that permitted bargaining unit members to purchase up to two years of prior creditable service effective September 30, 2013. The true actuarial impact of this change is significantly higher than what members actually pay for the benefit. The difference between what the member pays and the true cost of the benefit is $26,000 per employee, and is recognized by the pension plan as an experience loss and is funded by additional City contributions over time. 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 CBA. is contingent upon negotiating or imposing a parallel provision on the American Federation of State County and Municipal Employees (AFSCME) bargaining unit. As of this writing, the City and AFSCME are at impasse. The estimated impact of the additional two percent contribution by GSAF bargaining unit members is approximately $78,459 per year and as employee pensionable earnings rise, so will the amount of the contribution. At the July 17, 2013, meeting, the Mayor and City Commission adopted pension reforms policies and guidelines proposed by the Budget Advisory Committee (BAG). 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 GSAF/MBERP members from three to five years; and eliminating the two year past service purchase option for such members. Implementing the described changes will provide 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 the next regularly scheduled City Commission meeting in February. 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 see recurring savings off the ARC estimated in the amount of $43,041, attributable to changes in the GSAF CBA, in FY 2014/15, FY 2015/16, FY 2016/17 and FY 2017/18 for a total five year impact of $172,164. The cost attributable to the extension of the DROP for GSAF/MBERP members is as follows: $0 in FY 2013/14; $34,333 in FY 2014/15; $104,977 in FY 2015/16; $93,870 in FY 2016/17 and $23,227 in FY 2017/18, assuming all eligible employees DROP rather than retire. The total five year salary increase impact for the extension of the DROP is $256,407 In FY 2013/14 the will be no savings from the elimination of the ability to purchase prior service; however the following future savings attributable to the concession made by this bargaining unit are: $21 ,660 in FY 2014/15; $43,320 in FY 2015/16; $64,980 in FY 2016/17 and $86,640 in FY 2017/18. Therefore, the total five year impact of eliminating the prior service buyback is a savings of $216,600. The total five year combined impact of these items is a savings of $132,357. City Clerk's Office Legislative Tracking: Sylvia Crespo-Tabak, Human Resources Director Sign-Offs: Department Director I Assistant City Manager/} I City Manager tl Sylvia Crespo-Tabak s~ . ., I Kathie G. Brooks 4! 'h I Jimmy L. Morales ) h"V' T:V..GENDA\2:013Uanuary ,6\GSAF\GSAF 1012-.2015 MBERP Pen.Ston DROP otnd 8uybac:.~ Sllmmary (Jocx v MIAMI BEACH 589 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Co FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IMPLEMENTIN 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 the next regularly scheduled City Commission meeting in February 2014. 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 590 Commission Memorandum January 15, 2014 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 would 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. The standard benefit is a lifetime annuity. Additional pension reform was negotiated for all employees hired after September 30, 2010 (October 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. As compared to Tier A members who can retire at age 50 and Tier B members who can retire at age 55. • 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 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. As compared to three or four percent for Tier A members and three percent for Tier B members. • 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) as compared to two and one half percent for Tiers A and 8 members. • Employee contribution: 12 percent for Tier A members and ten percent for Tiers B and C members. • 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. • Members 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, 201 0). 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 toward 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. The negotiating teams for the City and GSAF began meeting in October 2012, to negotiate a successor agreement to the 2009-2012 collective bargaining agreement which expired September 591 Commission Memorandum January 15, 2014 MBERP Pension Ordinance GSAF First Reading Page 3 of? 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. 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 is contingent upon negotiating or imposing a parallel provision on AFSCME bargaining unit members. As of this writing, the City and AFSCME are at impasse. The estimated impact of the two percent contribution attributable to GSAF/MBERP members is approximately $78,459 per year; this amount will increase as employee pensionable earnings rise. The City and GSAF have agreed to the following pension related items: Extension of the Deferred Retirement Option Plan (DROP) The 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 salary COLAs 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. During the DROP period, employees are not eligible for 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. 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 employment) members and those covered by CWA or belonging to the "others" or "unclassified" salary groups. The City and the GSAF have agreed to extend the DROP period for Tier A and Tier B (pre-201 0 employment) members from three to five years, effective October 16, 2013. The City has extended the DROP period to all MBERP members except for pre-2010 members covered by the AFSCME collective bargaining unit. Current DROP participants whose period ends between the effective date of the proposed ordinance and October 15, 2016, shall be given a one-time opportunity to extend their DROP to a maximum of 592 Commission Memorandum January 15, 2014 MBERP Pension Ordinance GSAF First Reading Page 4 of? five years by submitting an irrevocable amended election form provided by the Board, within thirty calendar days from the effective date of the ordinance. 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 employment 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. 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 UAAL of approximately $337,000 and a reduction to the normal cost. The analysis provided by the pension actuary does not take into account the financial impact of salary earnings. By extending the DROP to five years, retirement-eligible employees who earn higher salaries will remain employed, requiring the City to pay their higher salaries for a longer period. That expenditure is offset somewhat by the fact that hiring new employees is postponed, eliminating the City's contribution toward their pension. Quantifying the fiscal impact from a salary perspective is difficult since there is no true way to forecast assumptions regarding which employees will choose to extend their DROP participation or 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 in FY 2013/14; $34,333 in FY 2014/15; $104,977 in FY 2015/16; $93,870 in FY 2016/17 and $23,227 in FY 2017/18. To reach these conclusions, 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 this illustrative purpose, the assumption was that all four DROP participants 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. Currently, any GSAF/MBERP 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 purchase 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, 157 employees elect to purchase additional creditable service in the MBERP each year. A member pays 10 percent of his or her pensionable earnings for each year of prior services purchased. The true actuarial impact is significantly higher. The ultimate cost of the prior creditable service purchase provision is measured by the difference between the full actuarial cost of the time 593 Commission Memorandum January 15, 2014 MBERP Pension Ordinance GSAF First Reading Page 5 of 7 purchased and the ten percent of pay for each year purchased. For example, the full actuarial cost to purchase the maximum of two years of service to a 45 year old member with ten years of 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; and $21,660 GSAF/MBERP members alone. As shown on the table below, this impact is compounded each year buybacks are allowed. FY 2013/14 FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 FUTURE YEARS Elimination of FY 2013/14 $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 Additional Two Percent Employee Pension Contribution The Budget Advisory Committee's (BAC) Recommendation on Pension Reform Report of August 2012 included policies and guidelines for the City to adopt to establish thresholds which, if not met, would require the City to take prompt and appropriate measures to meet the 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 the management of risk and 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 in pension contributions 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 to 12 percent of pensionable earnings and an increase from eight 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. 594 Commission Memorandum January 15,2014 MBERP Pension Ordinance GSAF First Reading Page 6 of 7 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 downturns, the recently negotiated pension changes will yield long-term savings. When the City's ARC reaches 23.5% of pensionable payroll, which is what it had been when the additional contributions were negotiated, the City will rescind the additional two percent pension contribution levied on employees covered by the GSAF collective bargaining agreement who participate in MBERP and who were hired prior to September 30, 2010. 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 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 parties agreed to the aforementioned pension changes and the GSAF bargaining unit members and City Commission ratified the agreement. Two contract ratification votes were held by the GSAF leadership; the first on August 1, 2013, which resulted in rejection of the proposed contract; and the second, held on September 18, 2013, which resulted in the majority of the members who voted doing so in support of the proposed agreement. The estimated five year impact of these proposed pension changes is a savings of $132,357, as shown below. 595 Commission Memorandum January 15, 2014 MBERP Pension Ordinance GSAF First Reading Page 7 of 7 FV 2013/14 FY 2014115 Estimated Impact on ARC From $0 ($43,041) Extension of DROP Salary Impact From $0 $34,333 Extension of DROP Estimated Impact on ARC From $0 ($21 ,660) Elimination of Two- Year Buyback TOTAL $0 ($30,368) COST/(SAVINGS) FY 2015/16 FY 2016/17 FV 2017/18 TOTAL ($43,041) ($43,041) ($43,041) ($172, 164) $104,977 $93,870 $23,227 $256,407 ($43,320) ($64,980) ($86,640) ($216,600) $18,616 ($14,151) ($106,454) ($132,357) The Administration recommends amending Ordinance No. 2006-3504, the Miami Beach Employees' Retirement Plan by extending the DROP for pre-201 0 GSAF/MBERP members from three to five years; and eliminating the two year past service purchase option for members covered by the GSAF collective bargaining agreement Implementing the described changes will provide additional pension savings. Based on the foregoing, the Administration recommends the City Commission approve the ordinance on first reading and set the second reading and public hearing for the regularly scheduled meeting in February 2014. JLM/KGB/SC-T T:IAGENDA\2013\January 16\GSAF\GSAF 2012-2015 MBERP Pension DROP and Buyback Memo.docx 596 ATTACHMENT 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 505 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 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. Please note that the above changes were already adopted for all members exeept for members who are participating in the 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 endosed 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 ofthe 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 $I 2,000. 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. 20 12 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 597 Ms. Carla Gomez October 7, 20 13 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 wilt not be effective until after September 30, 2013. Summary of Findings The 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 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 0.019% oftotal 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, 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 pennission and is intended for use by the City and the Retirement Plan, and those designated or appro'tled 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 ofthe 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 598 Ms. Carla Gomez October 7, 20 13 Page3 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 of the report prior to relying on information in the report. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Respectfully submitted, fo,hw (tao~ Melissa R. Algayer, MAAA7 C Enrolled Actuary No. 11-06467 Copy: Rick Rivera Enclosures rose, MAAA nrolled Actuary No. 11-06599 Gabriel Roeder Smith & Company 599 SUPPLEMENTAL ACTUARIAL 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 Change Present Plan Provisions before Change All Members except AFSCME and GSAF Members: • Members hired before October t, 2010 (i.e., Tier A and Tier B members) who become eligible for nonnal 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, 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 Oo/o of the annual rate of compensation multiplied by the number of years purchased. 600 2 Proposed Plan Changes The following changes would apply to all members except AFSCME 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 Defen-ed 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, 2012 Actuarial Valuation Report. Some of the key assumptions/methods are: Investment return -8.00/o 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. 601 Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously None 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 30,2012 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. 602 3 4 CITY OF MIAMI BEACH EMPWYEES' 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 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 Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Artie le X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator 603 5 ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October I, 2012 October I, 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 I 0/J/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 o/o 39.29 % (0.07)% -Total Payroll 36.69 o/o 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. 604 6 AC11JARIAL VALUE OF BENEnTS AND ASSE'IS A. Valuation Date October I, 2012 October I, 2012 Increase/ Baseline* 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, 184,135 $ 259,785,430 $ (398,705) b. Vesting Benefits 31,967,178 31,967,178 - c. Disability Benefits 7,271,899 7,271,899 - d. Preretirement Death Benefits 3,953,764 3,953,764 - e. Return of Member Contributions 631!843 631,843 - f Total 304,008,819 303,610,114 (398,705) 2. Inactive Members a. Service Retirees & Beneftciaries 407,869,328 407,835,275 (34,053) b. Disability Retirees 12,377,127 12,377,127 - c. Terminated Vested Members 11 14801 115 11 14801 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. 605 7 CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October I, 2012 October I , 20 12 Increase/ Baseline* Extend DROP from (Decrease) Three to Five Years B. Nonnal Cost for I. Service Retirement Benefits $ 9,656,873 $ 9,644,778 $ (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!573 225!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 Nonnal 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 o/o 10.00% 0.00 % -Total Payroll 9.32 o/a 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) o/o *From September 6, 2013 Actuarial Impact Statement. 606 8 PARTICIPANT DATA October I, 2012 October I, 2012 Baseline• Extend DROP from Three /o 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 s 62,015 Total Covered Annual Payroll $ 69,782,689 69,782,689 Average Annual Pay $ 63,209 63,209 Average Age 45.1 45.1 Average Past Service 9.8 9.8 Average Age at Hire 35.3 35.3 DROP PARTICIPANTS Number 55 55 Annual Benefits $ 2,994,703 2,994,703 Average Annual Benefit $ 54,449 54.449 Average Age 59.3 59.3 RETIREES & BENEACIARIES Number 1,002 1,002 Annual Beneftts $ 33,085,394 $ 33,085,394 Average Annual Benefit $ 33,019 $ 33,019 Average Age 71.1 71.1 DISABILI1Y RETIREES Number 43 43 Annual Benefits $ 1,117,160 $ 1,117,160 Average Annual Benefit $ 25,980 $ 25,980 Averabre 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. 607 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 July 17, 2013, Members within classifications in the CWA bargaining unit who were hired prior to October 27, 2010, and Members not included in any bargaining 608 unit, who were hired prior to September 10, 2010, may elect to retire for purposes of the Plan but continue employment with the City for up to sixty (60) months, and have their monthly retirement benefit paid into a DROP account during the DROP period, in accordance with Section 5.13. (b) Effective October 1, 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 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 ellgible 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. Notwithstanding the preceding sentence: @l Effective July 17, 2013, Members within classifications in the CWA bargaining unit, who were hired prior to October 27, 2010, and Members not included in any collective bargaining unit, who were hired prior to September 10, 2010, may participate in the DROP for a maximum of sixty (60) months . .(Q}. Effective October 1, 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 2 609 participate in the DROP may elect to terminate DROP participation and City employment sooner than the maximum DROP period, with thirty (30) days' advance written notice to the City. 5. Effective July 17, 2013, any Member within classifications in the CWA bargaining unit, and any Member not included in any collective bargaining unit, who previously executed an election form entitling him/her to participate in the DROP for a period of less than sixty (60} months and whose DROP period ceases between July 1, 2013 and July 16, 2016, 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. Effective October 1, 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 1, 2013 and September 30, 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. (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 3 610 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 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 4 611 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: .(ID Eligible Members who are participants in the DROP on July 1, 2013, shall be given a one-time opportunity to submit an irrevocable amended election form, as provided in Section 5.13 (a) 5., extending the DROP period to a maximum of sixty (60) months in total. (b) Eligible Members who are participants in the DROP on October 1, 2013, shall be given a one-time opportunity to submit an irrevocable amended election form. as provided in Section 5.13 (a) 5, extending the DROP period to a maximum of sixty (60} months in total. 6. At the conclusion of the DROP period and upon termination of City employment, the Member's monthly retirement benefit shall be paid to the Member in accordance with the Plan. In the event of the Member's death during or at the conclusion of the DROP period, a benefit may be payable in accordance with Section 5. 07 8. Participation in the DROP is not a guarantee of City employment, and DROP participants will be subject to the same terms and conditions of employment that are applicable to employees who are not DROP participants. 9. During participation in the DROP, the Member's monthly retirement benefit will be paid into the DROP account, and shall be credited/debited with earnings/losses as provided herein. The Member may direct that their DROP account be invested in any of the investment options approved by the Board, on forms provided by the 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. 5 612 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 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: 6 613 4.03 (a) A Member with five (5) or more years of creditable service may, at any time prior to retirement, elect to purchase up to a maximum of two (2) years of additional creditable service as provided in this section 4.03. Notwithstanding any provision of this Section 4.03, effective September 30, 2013, Members whose classification is included in the CWA bargaining unit. Members whose classification is included in the GSAF bargaining unit, and Members who are not included in any collective bargaining unit shall not be eligible to purchase additional creditable service under this section 4.03. The benefit multiplier that the Member is earning at the time of the election to purchase additional creditable service pursuant to this section 4.03 shall be applied to the additional credited service purchased. To be eligible to purchase additional creditable service under this section 4.03, a Member who previously elected to participate in the Defined Contribution Retirement System (401 (a) Plan) must first purchase all available creditable service in accordance with section 4.04. An eligible Member may elect to purchase additional creditable service under this section 4.03 for any of the following types of employment prior to the employee's date of hire by the City, provided that the Member may not purchase such service if the Member has received or will receive a pension benefit for the same period of employment under another retirement plan: 1. Active duty military service in the Armed Forces of the United States or the Coast Guard. 2. Full-time employment with another governmental entity. 3. Full-time employment in the private sector performing the same or very similar duties the employee is performing for the City at the time of his/her election to purchase additional service. (b) In order to receive the additional creditable service, the Member shall pay ten percent (1 0%) of his/her annual rate of pensionable Earnings, multiplied by the number of years and fractions of a year purchased, up to a total of two years. For the purpose of this section, the annual rate of pensionable earnings shall be the rate in effect on the date of payment and shall include the annual amount of overtime pay for those Members whose overtime pay is included in Earnings. Payment shall be made in a single lump sum to the Plan within six (6) months following the date of the member's election to purchase the additional service. Notwithstanding the preceding sentence, effective July 17, 2013, Members whose classification is included in the CWA bargaining unit and Members who are not included in any collective bargaining unit shall make payment in a single lump sum to the Plan within twelve (12) months following the date of the member's election to purchase the additional service. 7 614 (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 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 8 615 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 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 9 616 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: (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 10 617 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 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 11 618 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(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 City shall annually contribute no less than the net Citv "normal cost" of the Plan. The net Citv "normal cost" is the annual cost of the Plan net of member contributions assigned to the current Plan year. If the net City normal cost for any Plan year exceeds the City's annual required contribution as determined in 12 619 accordance with Part VII, Chapter 112. Florida Statutes. the excess shall be held in reserve as part of Fund assets. designated as the pension stabilization fund. and shall be used to offset the City's annual required contribution in any Plan year as determined by the Citv. The pension stabilization fund shall be accounted for separately and not included as assets of the Fund for Plan valuation purposes. and shall be annually credited or debited with gains and losses at the same rate of return as the overall net market rate of return on Fund investments. (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) During the Plan year beginning October 1, 2013. and at least once every three years thereafter, there shall be an experience study of the Plan's actuarial assumptions performed by an actuary selected by the Citv. The actuary shall make recommendations for any changes in assumptions based on the results of the experience study. In the event the Board of Trustees or Plan actuary disagrees with the recommended assumption changes, the Board or Plan actuary shall present the basis of their disagreement and iustify any 13 620 deviation from the recommended assumptions 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 the plan. These projections shall be based on the current actuarial assumptions for the 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----------' 2014. PASSED and ADOPTED by the City Commission of the City of Miami Beach this __ day of , 2014. ATTEST: RAFAEL E. GRANADO CITY CLERK PHILIP LEVINE MAYOR APPROVED AS TO fOF.M & LA.t~GUAGE & FOR fJ<ECUfJON tl&l;v Date T:'AGENDA\2014\January\GSAF MBERPIGSAF 2012-2015 MBERP DROP and Buyback Ordinance 1st reading.docx 14 621 THIS PAGE INTENTIONALLY LEFT BLANK 622 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, of The Miami Beach City Code Entitled "Pension System for Disability and Retirement of Members of Police And Fire Departments; Amending Section 63 Entitled "Source of Monies for Fund; Computation of Liability; Use and Investment of Fund"; Service Record"; And Amending Section 66 Entitled "Service and Disability Benefits Generally" Key Intended Outcome Supported: Attract and maintain a workforce of excellence, control costs of payroll including salary and fringes/minimize taxes/ensure expenditure I trends are sustainable over the long term Item Summary/Recommendation: First Reading On September 30, 2013, the City Commission adopted Ordinance #2013-3817, amending provisions in the Fire and Police Pension Plan to reflect what had been negotiated with the International Association of Firefighters (IAFF) and the Fraternal Order of Police (FOP}. Following adoption of the ordinance, both the IAFF and FOP raised concerns regarding the definition of the Final Average Monthly Earnings (FAME) retirement benefit for members hired prior to September 30, 2013, since they believed the ordinance should have maintained the previously existing language, that the FAME would be based on the average of the highest three or the last three years of a member's employment. The amended ordinance provides for the average of the highest three years and is silent on the subject of the last three years. Upon the administration's inquiry, Buck Consultants, the actuary for the Fire and Police Pension Plan advised that its actuarial analysis did not change the FAME calculation of the three last years for members hired prior to September 30, 2013. It is important to note that the previous pension ordinance reflected the FAME based on the average of the two highest years or two last years for members hired prior to July 14, 2010. Additionally, the Fire and Police Pension ordinance adopted at the September 30, 2013, City Commission meeting based the FAME for employees hired on or after September 30, 2013, on the average of the five (5) highest or five last years. After numerous discussions between the parties the City agreed to recommend a revision to the definition of the FAME for members hired prior to September 30, 2013, to include both the highest three years or the last three years of employment. On October 2013, the City was served with both a grievance and an unfair labor practice (ULP) charge in which the aggrieved party alleged that a retirement benefit negotiated for members hired as a result of a consent decree had been unilaterally altered by the administration eliminating IAFF members from eligibility. After consulting with the City's and the IAFF's legal counsel, the parties entered into a Memorandum of Understanding (MOU) that made members hired under the consent decree eligible for retirement under the Rule of 70 with no minimum age requirement. The IAFF confirmed on December 6, 2013, that the MOU was ratified by the membership with 115 voting members in support of the MOU and 23 against. As currently written, the pension ordinance does not permit command staff members who did not rise through the ranks to join the Fire and Police Pension Plan, leaving the City of Miami Beach at a competitive disadvantage in the labor market. Therefore, the administration recommends including such individuals in the plan, provided that they attain age 62 or have at least ten years of service prior to normal retirement. After adoption of the ordinance on September 30, 2013, the City's pension actuary, Michael Tierney, provided revised language concerning the Budget Advisory Committee's recommended pension policies and guidelines adopted by the City Commission on July 17, 2013. Given that the administration is recommending amending the Fire and Police Pension ordinance, these revisions are also included in the proposed ordinance amendment. The Administration recommends approving the proposed ordinance and setting a second reading and public hearing for the February 2014 City Commission meeting. Financial Information: Source of Amount Funds: 1 FY2013/2014 N/A D 2 FY2014/2015 N/A 3 FY2015/2016 N/A OBPI Total N/A Financial Impact Summary: According to the City's actuary, the changes to the ordinance will not have a financial impact on the City and their impact statement will be provided prior to the Citv Commission meeting. City Clerk's Office Legislative Tracking: Sylvia Crespo-Tabak, Human Resources Director S1 n-Offs: Department Director Assistant City Manager MIAMI BEACH 623 City Manager Jimmy L. Morales AGENDA IT EM _o-R--.s-=P ....... .--- DATE 1-fs:-14 -MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov MMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS"; IMPLEMENTING PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY AND FIRE FIGHTERS OF MIAMI BEACH, (IAFF) LOCAL 1510, AND MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (FOP); IMPLEMENTING RECOMMENDATIONS OF THE BUDGET ADVISORY COMMITTEE, A MEMORANDUM OF UNDERSTANDING AND OTHER CHANGES; AMENDING SECTION 63 ENTITLED "SOURCE OF MONIES FOR FUND; COMPUTATION OF LIABILITY; USE AND INVESTMENT OF FUND"; SERVICE RECORD"; AND AMENDING SECTION 66 ENTITLED "SERVICE AND DISABILITY BENEFITS GENERALLY"; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The administration recommends approving the ordinance and setting a second reading and public hearing at the February 2014 City Commission meeting. BACKGROUND On July 17, 2013, the City Commission ratified a three-year collective bargaining agreement covering the period October 1, 2012 through September 30, 2015, between the City of Miami Beach and the International Association of Firefighters (IAFF), subject to the IAFF membership ratifying the agreement. On August 7, 2013, the IAFF confirmed ratification of the contract by 85 percent of the voting membership. On July 19, 2013, the City Commission ratified a three-year collective bargaining agreement covering the period October 1, 2012 through September 30, 2015, between the City of Miami Beach and the Fraternal Order of Police (FOP), subject to the FOP membership ratifying the agreement. The agreement ratified by the City Commission included two substantive changes (which were made from the dais and approved by a vote of 6:1) to the terms and conditions tentatively agreed to between the City and the FOP. These changes included I i miting the pensionable earnings for off-duty services to 11 percent of the members' salaries upon retirement, with an exception carved out for current police sergeants and lieutenants, and implementing a voluntary fitness program on a quarterly basis available to all bargaining unit members. Based on the changes made on the floor during the City Commission meeting, the FOP and the City renegotiated certain provisions of the contract and on September 11, 2013, the City 624 City Commission Memorandum January 15, 2014 Fire and Police Pension-181 Reading Page 2 of 3 Commission adopted a resolution accepting the amended 2012-2015 collective bargaining agreement with the FOP that had previously been ratified on July 19, 2013. The negotiated terms and conditions with both the IAFF and the FOP included significant changes to pension benefits for current and future employees who participate in the Fire and Police Pension Plan that will result in an estimated savings of approximately $130 million over the next thirty years. In addition to ratifying the contracts, on September 30, 2013, the City Commission adopted Ordinance #2013-3817 implementing the agreed upon pension plan changes. In addition, the amendments to the Fire and Police Pension Plan included a number of pension policies and guidelines for both of the City's pension plans recommended by the Budget Advisory Committee (BAC) and adopted at the July 17, 2013, City Commission meeting. ANALYSIS Following adoption of the amended Fire and Police Pension ordinance, leadership from both the IAFF and FOP raised a concern relating to the newly adopted pension ordinance, which was ultimately determined to be a scrivener's error, concerning a member's Final Average Monthly Earnings (FAME). According to the unions, both IAFF And FOP had negotiated that effective September 30, 2013, the FAME for IAFF and FOP bargaining unit employees hired prior to September 30, 2013, would be based on the average of the three highest years or the three last years of employment; and employees hired on or after September 30, 2013, would be based on the average of the five highest years or the last five years of employment. However, the amended ordinance only reflected the "highest years" for employees hired before September 30, 2013. Upon the administration's inquiry, Buck Consultants, the actuary for the Fire and Police Pension Plan advised that its actuarial analysis did not change the FAME calculation of the three last years for members hired prior to September 30, 2013. It is important to note that until the revisions approved September 30, 2013, the pension benefits for employees hired prior to July 14, 2010, reflected the FAME to be based on the average of the two highest years or last two years of employment. In addition, the Fire and Police Pension ordinance adopted September 30, 2013, did provide employees hired on or after September 30, 2013, a retirement benefit reflecting their FAME based on the average of the five highest or five last years. After numerous discussions between the City and the IAFF and FOP Union leadership, the City agreed to recommend a revision to the ordinance so that members hired prior to September 30, 2013, would have their FAME calculations based on the three highest or last three years of employment, whichever is greater. On October 2013, the City was served with both a grievance and an unfair labor practice charge (ULP) in which the aggrieved party alleged that a retirement benefit negotiated for members hired as a result of a consent decree had been unilaterally altered by the administration eliminating IAFF members from eligibility. The benefit allowed members hired as a result of the consent decree to be grandfathered, permitting them to maintain their retirement age eligibility at 4 7 and the Rule of 70, with no minimum age requirement. After consulting with the City's counsel and counsel for the IAFF, the parties entered into a Memorandum of Understanding (MOU) that made members hired under the consent decree eligible for retirement under the Rule of 70 with no minimum age requirement. Since the MOU changed terms and conditions of employment, it was subject to ratification by the union membership. On December 6, 2013, the IAFF confirmed that the MOU was ratified by the membership with 115 voting members in support of the MOU and 23 against. Therefore, in conjunction with this item, the administration is presenting under separate 625 City Commission Memorandum January 15,2014 Fire and Police Pension-1st Reading Page 3 of 3 cover a resolution ratifying the MOU. The memorandum of understanding is provided as Attachment 1. The Fire and Police Pension Plan actuary has advised that implementing this change for members covered by the IAFF hired as a result of the consent decree will not result in any significant impact to the Plan, as there are only two members who qualify. In late October 2013, the City's pension actuary, Michael Tierney provided the City with revised language concerning the pension policies and guidelines for both of the City's pension plans and adopted by the City Commission on July 17, 2013. Given that the administration is recommending changes to the Fire and Police Pension Plan ordinance, the revised language for the pension policies and guidelines have been included in the proposed ordinance amendment. The administration is also presenting an amendment to the Miami Beach Employees' Retirement Plan (MBERP) ordinance implementing the pension provisions ratified in the 2012-2015 agreement between the City and the Government Supervisors Association of Florida (GSAF), Local OPEIU. The MBERP ordinance amendment also includes the language provided by Mr. Tierney. Finally, the definition of "employee" was amended in Ordinance 2013-3817 to include all certified police officers and firefighters in the Fire and Police Pension Plan. Because the City may be recruiting command staff members via an external recruitment process in the future, it is recommended that the Fire and Police Pension plan ordinance be further amended to provide that members who are hired as unclassified employees and continuously remain unclassified employees during their employment with the City vest after 1 0 years of City service, and become eligible to retire upon reaching age 55 with 1 0 or more years of City service. CONCLUSION The administration recommends that the City Commission approve the proposed ordinance amending certain retirement benefits for Fire and Police Pension Plan members covered by the IAFF that are consistent with benefits granted certain members covered by the FOP; amending the FAME for members hired prior to September 30, 2013 to be based on the average of the three highest or three last years of employment; amending language concerning the SAC's adopted pension policies and guidelines as recommended by the City's pension actuary and amending the Plan provisions regarding unclassified employees to facilitate recruitment of command staff members. The administration recommends approving the proposed ordinance on first reading and setting the second reading and public hearing for the February 2014 City Commission meeting. AttaclP"t JLM/KGB/SC-T/CMG T:IAGENDA\2014\January\Police and Fire Pension\Fire and Police Pension 1st Reading Memo.doc 626 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into, by, and between the City of Miami Beach ("City") and the International Association of Fire Fighters, Local 1510 ( 4'Union"). The Parties agree that Section 66 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended in pertinent part to read: Sec. 66. Service and disability benefits generally. (a) The Board shall, upon application retire members meeting any one of the following requirements: * * * (4) The sum of the member's age and Creditable Service equals at least 70 and the member retires on or after October 1, 1998; provided, effective September 30, 2013, a member hired before July 14, 2010 must attain age 47 to be eligible for retirement under this paragraph ( 4); and a member hired on or after July 14, 2010 must attain age 48 to be eligible for retirement under this paragraph (4); and provided further, any member hired prior to July 14, 2010 who completes a buyback of prior Creditable Service prior to September 30, 2013 and reaches the maximum pension benefit of 85% of average monthly Salary prior to attaining age 4 7, the employee contribution shall cease on the date such employee reaches the 85% maximum pension benefit, and his/her final average monthly Salary will be frozen on the same date. Notwithstanding the preceding sentence, any police officer or firefighter member hired pursuant to a consent decree may retire when the sum of the member's age and Creditable Service equals at least 70. * * * [INTENTIONALLY LEFT BLANK] 627 TN WITNESS WHEREOF, subject to due ratification by vote of the bargaining unit members and by vote of the City Commission, and intending to be legally bound, the Pru.ties hereby execute this MOU. CITY OF MIAMI BEAC INTERNATIONAL ASSOCIATION OF FIRE FIGHT S OCA 1 President ~t-oL3 DATE I tlho/;:.r DATE I I 628 FIRE & POLICE PENSION ORDINANCE ORDINANCE NO. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS"; IMPLEMENTING PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY AND FIRE FIGHTERS OF MIAMI BEACH, (IAFF) LOCAL 1510, AND MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (FOP); IMPLEMENTING RECOMMENDATIONS OF THE BUDGET ADVISORY COMMITTEE, A MEMORANDUM OF UNDERSTANDING AND OTHER CHANGES; AMENDING SECTION 63 ENTITLED "SOURCE OF MONIES FOR FUND; COMPUTATION OF LIABILITY; USE AND INVESTMENT OF FUND"; SERVICE RECORD"; AND AMENDING SECTION 66 ENTITLED "SERVICE AND DISABILITY BENEFITS GENERALLY"; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: * * * Section 1. Section 63 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Sec. 63. fund. Source of moneys for fund; computation of liability; use and investment of * * * (c) All computations of liability in connection with the System shall be based on tables and rates approved by the Board. The Board shall designate an actuary for the System who shall recommend such tables and rates for adoption by the Board. The actuary designated by the Board, on the basis of such tables and rates, shall recommend to the Board the amounts required to be paid into the System by the City under subsection (a) of this section. During the three year period beginning October 1, 2013 and at least once every three years thereafter. there shall be an experience study of the Systems' actuarial assumptions performed by an actuary selected by the City. The actuary selected by the City shall make recommendations for any changes in assumptions based on the results of the experience study. In the event the Board of Trustees or plan actuary disagrees with the recommended assumption changes. the Board or plan actuary shall present the basis of their disagreement and justify any deviation from the recommended assumptions to the City Commission. Effective September 30, 2013. five, ten and twentv year projections of required pension contributions shall be included as part of any actuarial valuation of the System, based on the actuarial assumptions for the System contained in the valuation. 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 1 629 pension plan. Effective September 30, 2013, there shall be an experience study of each of the City's pension plans' actuarial assumptions performed by an actuary seleeted by the City. The experience study should be conducted at least once every three years to compare actual experience to the assumptions. The aotuary seleoted 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 tho pension boards shall be justified to the City Commission. Effective September 30, 2013, the City shall require 5, 10 and 20 year projections of required pension aontributions 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 oost of these studies shall be funded separately from the annual contribution to the pension plan. (d) There shall be a complete actuarial evaluation prepared by the plan actuary at least every three years, and the City shall make such adjustments in its contributions as shall be shown to be required by such actuarial evaluation. The money required to meet all the obligations of this System over and above the personal contributions from members, is a liability and obligation of the City. The expenses of the System shall not be separately budgeted so long as the method is permitted by law. The City commission shall levy annually, in the manner provided by law, upon all taxable property within the City, such millage on the assessed valuation thereof as is necessary to produce the amounts required to be contributed by the City to this System. Effective September 30, 2013, the City shall fund at least the normal cost of the System. net of member contributions and state premium tax revenues. If the net City normal cost for any Plan year exceeds the City's annual required contribution as determined in accordance with Part VII. Chapter 112, Florida Statutes. the excess shall be held in reserve as part of the Fund assets, designated as the pension stabilization fund. and shall be used to offset the City's annual required contribution in any Plan year as determined by the Citv. The pension stabilization fund shall be accounted for separately and not included as assets of the Fund for plan valuation purposes. and shall be annually credited or debited with gains and losses at the same rate of return as the overall net market rate of return on Fund investments pension. If this exceeds the amount of the aotuarially determined annual required contribution, the excess should be placed in a pension stabilization fund, to be made available for future pension shortfalls. * * * Section 2. Section 66 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Section 66. Service and disability benefits generally. (a) The Board shall, upon application retire members meeting any one of the following requirements: ( 1) The attainment of age 50. (2) Permanent and total disability incurred in line of duty in the police or fire department, or in the unclassified service as provided in section 70, irrespective of the number of years of Creditable Service;. 2 630 (3) Permanent and total disability incurred other than in the line of duty, after five years of Creditable Service. (4) The sum of the member's age and Creditable Service equals at least 70 and the member retires on or after October 1, 1998; provided, effective September 30, 2013, a member hired before July 14, 2010 must attain age 47 to be eligible for retirement under this paragraph (4 ); and a member hired on or after July 14, 2010 must attain age 48 to be eligible for retirement under this paragraph (4); and provided further, any member hired prior to July 14, 2010 who completes a buyback of prior Creditable Service prior to September 30, 2013 and reaches the maximum pension benefit of 85% of average monthly Salary prior to attaining age 47, the employee contribution shall cease on the date such employee reaches the 85% maximum pension benefit, and his/her final average monthly Salary will be frozen on the same date. Notwithstanding the preceding sentence, any pollee officer or firefighter member hired pursuant to a consent decree may retire when the sum of the member's age and Creditable Service equals at least 70. (5) Only for periods prior to October 1, 2000 and only in the case of a May 1993 Member, the attainment of age 55 with at least 10 years of Creditable Service. (6) For Members hired on or after January 1, 2014 whose initial employment with the City is in the unclassified service and who continuously remain a member of the unclassifed service during their employment with the City, the attainment of age 55 with at least 10 years of Creditable Service. Notwithstanding any other provision of this System, members hired on or after January 1, 2014 whose initial employment with the City is in the unclassified service and who continuously remain a member of the unclassifed service during their employment with the City must attain at least 10 years of Creditable Service to be eligible for any benefit under this System. other than a return of member contributions with interest at the rate of three percent per annum. (b) A member who attains eligibility for retirement under subsection (a) above on or before September 30, 2013, other than a May 1993 Member who retires prior to October 1, 2000, shall be entitled to receive upon retirement under subsection (a), a monthly pension payable for life equal to: ( 1) Three percent of the member's average monthly Salary for each year of the member's first 15 years of Creditable Service, being computed as to a part of a year on a pro rata basis to the nearest month; plus (2) Four percent of the member's average monthly Salary for each year of the member's Creditable Service in excess of 15 years, being computed as to a part of a year on a pro rata basis to the nearest month. (c) A member who does not attain eligibility for retirement under subsection (a) above on or before September 30, 2013 shall be entitled to receive upon retirement under subsection (a), a monthly pension payable for life equal to: (1) Three percent of the member's average monthly Salary for each year of the member's first 20 years of Creditable Service, being computed as to a part of a year on a pro rata basis to the nearest month; provided in no event shall a member's benefit multiplier for Creditable Service earned before October 1, 2013 be reduced; plus 3 631 (2} Four percent of the member's average monthly Salary for each year of the member's Creditable Service in excess of 20 years, being computed as to a part of a year on a pro rata basis to the nearest month. (d) For purposes of determining a member's benefit, the average monthly Salary of members who attains eligibility for retirement under subsection (a} above on or before September 30, 2015 shall be based on the average of the two highest-paid years of the member prior to the date of retirement or termination, or the average of the last two paid years of the member prior to the date of retirement or termination, whichever produces the greater benefit for members employed by the City before May 19, 1993, and shall be based on the average of the three highest paid years of the member prior to the date of retirement or termination for May 1993 Members. Effective September 30, 2015, the average monthly salary for members hired before July 14, 2010 who do not attain eligibility for retirement under subsection (a) above on or before September 30, 2015, shall be based on the greater of the average of the three highest paid years or last three (3) years of the member prior to the date of retirement or termination. Members hired on or after July 14, 2010 but prior to September 30, 2013, shall be based on the greater of the average of the three highest paid years or last three {3) years of the member prior to the date of retirement or termination. Members hired on or after September 30, 2013, shall be based on the greater of the average of the five highest paid years or last five (5) years of the member prior to the date of retirement or termination. For purposes of such calculation, Salary shall be the Salary upon which the member's contribution to the System was computed, as provided in paragraphs (1) and (2) below: Section 3. Effective Date. This Ordinance shall take effect ten days following adoption, except as otherwise specified herein. PASSED AND DULY ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida, this day of , 2014. Philip Levine Mayor ATTEST: Rafael E. Granado City Clerk 4 632 APPROVED /JS TO FOit\-\ & LANGUAGE & FOR EXECUTION ;i8/;y Date COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the maximum height requirements in the RM-2 zoning district. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would increase the maximum height limits for RM-2 properties located within the Talmudic University campus. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014. Advisory Board Recommendation: On December 17, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 5-0. Financial Information: Source of Amount Account Funds: 1 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. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney S1 n-Offs: Department Director T:\AGENDA\2014\January\Talmudic Site RM2 Heights-SUM 1st Read.docx MIAMI BEACH 633 AGENDA ITEM DATE ... Rs~ l-ls-IY ~ MIAMI BEACH -=- City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members <Pf the City FROM: Jimmy L. Morales, City Manager -!----, 1rL--..-:;"-- DATE: January 15, 2014 suBJECl 4000 Alton Road-Talmudic University RM-2 Height Ordinance FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," SUBDIVISION IV, "RM-2 - RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-217, "AREA REQUIREMENTS," TO MODIFY THE REQUIREMENTS FOR MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES WITHIN THE RM-2 DISTRICT ALONG ALTON ROAD BETWEEN ARTHUR GODFREY ROAD AND WEST 34 1 H STREET; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014. BACKGROUND 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. On September 23, 2013, the Land Use Committee referred the proposed Ordinance to the Planning Board for consideration. The Talmudic University 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 University is currently operating under a Conditional Use Permit (PB File No. 1718, approved on June 5, 2008) for a religious institution in an RM-2 district. 634 Commission Memorandum Talmudic Site-RM2 Heights January 15, 2014 ANALYSIS Page 2 of 3 The subject property at 4000 Alton Road is currently zoned RM-2, Multi-Family Medium Intensity. The existing school and associated residential units are allowable uses within the RM-2 district 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. The height of existing building on the site is 71'-9", according to the plans submitted. The University has partnered with a developer In order to accommodate a proposed expansion of the existing University, as well as the construction of a new 8-storyl85 feet high residential building on the southern portion of the property with a total of 72 residential units. The residential units will not be part of the existing Talmudic University, and will be a separate, multifamily residential structure, which will be subject to the same taxation requirements as any other multifamily property in the City, unlike the current University site which is a tax exempt educational institution. A separate lot split application has been submitted for the Planning Board for review and approval. The proposed code amendment would increase the maximum allowable height on the site from the current 6 stories I 60 feet to 8 stories I 85 feet. Specifically, the proposed amendment would modify the height regulations for the RM-2 zoning district classification by creating a new category for the area fronting the west side of Alton Road between Arthur Godfrey Road and West 34 1h Street. This area comprises one of only three (3) RM-2 zoning districts north of Dade Boulevard and west of Indian Creek. The other RM-2 districts in this broader area are at the southeast corner of Normandy Isle and on the north side of Dade Boulevard between Prairie Avenue and Meridian Avenue. The current building on the subject site is 71 '-9" height, and the proposal to increase the height to 85 feet would be comparable to the height of the existing building and allow more flexibility in designing a new residential project that addresses the needs and concerns of the Talmudic University, as well as the dormitory residents. The City Code requires an additional setback for tower portions of a building, which is considered the portion of the building above 50 feet in height. As proposed, the new residential tower complies with the front tower setback requirements of the City Code. However the addition to the existing Talmudic University building fronting Alton Road would require a front tower setback variance, as presently designed. PLANNING BOARD REVIEW On December 17, 2013, the Planning Board (by a 5-0 vote) transmitted the proposal to the City Commission with a favorable recommendation. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City, and should increase the property's value, as additional apartment units will be added to the City's tax roll. 635 Commission Memorandum Talmudic Site-RM2 Heights January 15, 2014 CONCLUSION Page 3 of 3 The Administration recommends that the City Commission: 1) Accept the recommendation of the Land Use and Development Committee via separate motion; and 2) Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014. JLM/JMJ/RGL:TRM T:IAGENDA\2014\January\Talmudic Site FLUM and Zoning-MEMO 1st Read.docx 636 TALMUDIC UNIVERSITY -RM-2 HEIGHTS ORDINANCE NO. __ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," SUBDIVISION IV, "RM-2 - RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-217, "AREA REQUIREMENTS," TO MODIFY THE REQUIREMENTS FOR MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES WITHIN THE RM-2 DISTRICT ALONG ALTON ROAD BETWEEN ARTHUR GODFREY ROAD AND WEST 34TH STREET; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to recall and promote its unique social and architectural history, as well as further the dynamic character and attraction of residential and institutional structures within the City; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize the expansion of residential and institutional uses in the City; and WHEREAS, the City of Miami Beach desires to amend existing maximum building height and number of stories for institutional projects located in the RM-2 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. Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Subdivision IV, "RM-2 -Residential Multifamily, Medium Intensity," Section 142-217, "Area Requirements," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-217. -Area requirements. The area requirements in the RM-2 residential multifamily, medium intensity district are as follows: Minimum Minimum Minimum Lot Area Lot Unit Size (Square Width (Square Feet) Feet) (Feet) 7,000 50 New construction-550 Non-elderly and elderly low and moderate income Average Unit Size (Square Feet) New construction-BOO Non-elderly and elderly low and moderate income 1 637 Maximum Maximum Building Number Height of Stories (Feet) Historic Historic district-50 district-S (except as (except as provided in section provided in_ 142·1161 section 142·1161 housing: See section housing: See section Area bounded by Area bounded by 142-1183 142-1183 Indian Creek Dr., Indian Creek Dr., Rehabilitated Rehabilitated Collins Ave., 26th Collins Ave., 26th buildings-400 buildings-550 St., and 44th St., and 44th Hotel unit: Hotel units-N/ A St.-75 St.-8 15%: 300-335 Area fronting west Area fronting 85%: 335+ side of Collins Ave. west side of btwn. 76th St. and Collins Ave. btwn. 79th St.-75 76th St. and 79th Area fronting west St.-8 side of Alton Rd. Area fronting between Arthur west side of Alton Godfrey: Rd. and W Rd. between 34th St. -85 Arthur Godfrey Otherwise-60 Rd. and W 34th Lots fronting St. -8 Biscayne Bay less Otherwise-6 than 45,000 sq. Lots fronting ft.-100 Biscayne Bay less Lots fronting than 45,000 sq. Biscayne Bay over ft.-11 45,000 sq. ft.-140 Lots fronting Lots fronting Biscayne Bay over Atlantic Ocean 45,000 sq. ft.-15 over 100,000 sq. Lots fronting ft.-140 Atlantic Ocean over 100,000 sq. ft.-15 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 _______ , 2014. 2 638 ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1?Jf1,;{- First Reading: January 15, 2014 Second Reading: February_, 2014 rcity Attorne~~ Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language Strike Thru denotes new language 01/02/2014 T:\AGENDA\2014\January\Talmudic Site-RM2 Heights ORO 1st Read.docx 3 639 Date THIS PAGE INTENTIONALLY LEFT BLANK 640 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment regarding an amendment to the Official Zoning District Map of the Code of the City of Miami Beach and the Future Land Use Map (FLUM) of the City of Miami Beach, for the Talmudic University property. Key Intended Outcome Supported: Neighborhood satisfaction and maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc More than half of all residential respondents, 55%, suggested the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed ordinances would amend the FLUM and Zoning Maps of the City of Miami Beach by changing the current main permitted use of 'GU' on those parcels adjacent to the existing Talmudic University Site at 4000 Alton Road to 'RM-2, Residential Multifamily Medium Intensity'. These amendments are being proposed in order to accommodate the purchase of surplus land from FOOT and to accommodate a new, residential development for the subject site. The Administration recommends that the City Commission approve the Zoning Map Amendment Ordinance at First Reading and set a Second Reading Public Hearing for February/March_, 2014, as well as continue the FLUM Amendment Ordinance to a date certain of February/March __ , 2014, at which time both Ordinances will be adopted. NOTE: 2"d Reading of BOTH Ordinances requires a 30 day notice. Advisory Board Recommendation: On December 17, 2013, the Planning Board recommended that the City Commission approve the proposed Zoning Map and FLUM Amendments by a vote of 5-0. Financial Information: Source of Funds: D OBPI 1 2 3 Total Financial Impact Summary: Amount Account In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City, and should increase the property's value, as additional apartment units will be added to the City's tax roll. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign-Offs: / Department Director )'.s~s~ City Manag~~ City Manag-J( ( ' ./ l' / I T:\AGENDA\2014\January\Talmudic Site.FLUM'and-toning-~M 1st Read.docx MIAMI BEACH AGENDA ITEM R s-R DATE 1-('S;"-IV 641 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Managor-""t----,...:;;o;~ DATE: January 15, 2014 SUBJECT: 4000 Alton Road -Talmudic Un ersity FLUM Amendment & Zoning Map Change FIRST READING 4000 Alton Road, Talmudic University -FLUM Amendment (Planning Board File No. 2147). The applicant, the City of Miami Beach, is requesting an amendment to the Future Land Use Map of the Comprehensive Plan of the City of Miami Beach pursuant to Section 118-166 of the Code of the City Of Miami Beach, Florida, Section 163.3181, Fla. Stat., and Section 163.3187, Fla. Stat., by changing the Future Land Use Designation for parcels of land adjacent to what is more commonly known as the Talmudic University, and which are comprised of less than 10 acres, from the current ROS, "Recreation and Open Space," to the Future Land Use Category of RM-2, "Residential, Multifamily Medium Intensity." 4000 Alton Road, Talmudic University -Zoning Map Change (Planning Board File No. 2148). The applicant, the City of Miami Beach, is requesting an amendment to the Official Zoning District Map, referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida, pursuant to Section 118-162, "Petitions for Changes and Amendments," by changing the Zoning District Classification for parcels of land adjacent to what is more commonly known as the Talmudic University, and which are comprised of less than 10 acres, from the current GU, "Government Use" District, to RM-2, "Residential, Multifamily Medium Intensity" District. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Zoning Map Amendment Ordinance on First Reading and set a Second Reading Public Hearing for February/March __ , 2014, as well as continue the FLUM Amendment Ordinance to a date certain of February/March __ , 2014, at which time both Ordinances will be considered for adoption. BACKGROUND On April 17, 2013, at the request of former 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. On September 23, 2013, the Land Use Committee referred the proposed amendments to 642 Commission Memorandum Talmudic Site -FLUM and Zoning Map Change January 15, 2014 the Planning Board for consideration. Page 2 of 6 The Talmudic University at 4000 Alton Road is seeking to expand its current facilities, including the construction of new residential buildings. In order to accommodate this additional development, the University will be acquiring surplus FOOT parcels that are adjacent to the existing Talmudic University property. The University is currently operating under a Conditional Use Permit (PB File No. 1718, approved on June 5, 2008) for a religious institution in an RM-2 district The subject request is to amend the Future Land Use Map of the Comprehensive Plan and the Official Zoning District Map of the City of Miami Beach, for parcels of land adjacent to what is commonly known as the "Talmudic University Site," which is comprised of less than 10 acres and more particularly described in the attached Legal Description (Exhibit 'A'). Specifically, the applicant is seeking to change the Future Land Use Category for the subject parcel from the current ROS, "Recreation and Open Space," to "RM-2, Residential Multifamily Medium Intensity". The applicant is also requesting to amend the Official Zoning District Map of the Code of the City of Miami Beach, Florida, by changing the Zoning District Classification for the subject parcel from the current GU, "Government Use," to "RM-2, Residential Multifamily Medium Intensity". ANALYSIS Early City and County records show that the Talmudic University property was originally platted as four single family lots, with the west property lines of lots 52-54 fronting directly on Biscayne Bay. Single family home lots continued southward along Alton Road, and northward on the west side of North Bay Road. When the Julia Tuttle Causeway was constructed in the 1960's, fill was added to the entire west side of the subject property, extending northward to encompass what was originally known as 'Collins Island' and 'John's Island'. These former islands are now part of the Mt. Sinai /Miami Heart Institute Hospital campus. The portion of the FOOT right of way located to the west of the existing Talmudic University was originally part of Biscayne Bay, and the FOOT land located to the northwest and south of the existing Talmudic University was originally part of single family home parcels, until the construction of the Julia Tuttle Causeway. In 1965 a Howard Johnson's hotel and restaurant was constructed on the parcel. In 2005, the Talmudic University received a Conditional Use Permit for a religious institution and the former hotel was converted into classrooms and dormitory residences. The Proposal The Talmudic University property at 4000 Alton Road is currently zoned RM-2, Multi- Family Medium Intensity. The existing school and associated residential units 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. The height of existing building on the site is 71 '-9", according to the plans submitted. The University has partnered with a developer In order to accommodate a proposed 643 Commission Memorandum Talmudic Site-FLUM and Zoning Map Change January 15, 2014 Page 3 of 6 expansion of the existing University, as well as the construction of a new 8-storyl85 feet high residential building on the southern portion of the property with a total of 72 residential units. The residential units will not be part of the existing Talmudic University, and will be a separate, multifamily residential structure, which will be subject to the same taxation requirements as any other multifamily property in the City, unlike the current University site which is a tax exempt educational institution. A separate lot split application is currently pending before the Planning Board. The following is requested as part of the subject applications: 1. A re-zoning of the adjacent surplus FDOT parcels from the current 'GU' ("Government Use") to 'RM-2' ("Residential Multi-Family Medium Intensity"). 2. A Comprehensive Plan Amendment to change the Future Land Use Designation for the adjacent surplus FDOT parcels from the current 'ROS' ("Recreation and Open Space") to 'RM-2' ("Residential Multi-Family Medium Intensity"). A separate code amendment that would increase the maximum allowable height on the site from the current 6 stories I 60 feet to 8 stories I 85 feet is also proposed. This particular amendment has been endorsed by the Planning Board and is pending before the City Commission. The expansion plan proposed by the Talmudic University appears to be consistent with the Comprehensive plan, as proposed to be amended. However setback variances may be required for portions of the proposed new structures. Further, the front portion of the new residential building is proposed to be setback 50 feet from Alton Road, in order to reduce the visual mass of the building from the single family district located to the southeast. 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. Planning and Zoning Issues The ROS future land use and GU zoning only allows government buildings and uses, including but not limited to parking lots and garages; parks and associated parking; schools; performing arts and cultural facilities; monuments and memorials. The use of the site for residential use would not be permitted by the Comprehensive Plan and zoning regulations, and requires a change to the future land use category and zoning designation that would allow the desired residential use as a main permitted use. The applicant is proposing to change the future land use category from ROS to RM-2, and rezone the property from GU to the RM-2 Residential Medium Intensity category and zoning district, as that would allow the residential use. The proposed changes are compatible with the property abutting the site along Alton Road, which contains the existing Talmudic University and is also zoned RM-2 Multifamily medium intensity with a maximum FAR of 2.0. With the exception of the remaining FOOT right-of-way, there are no other zoning districts directly abutting the subject parcels. The parking lot for St. Patrick's Church comprises the majority of the Alton Road frontage to the east of the 644 Commission Memorandum Talmudic Site-FLUM and Zoning Map Change January 15, 2014 Page 4 of 6 existing Talmudic University Site. Two single family properties are also east of the existing Talmudic University site on Alton Road, south of Barry Street The objective of the ROS future land use designation is to ensure that parks and recreational facilities are adequately and efficiently provided by enforcing level of service standards and related guidelines through the concurrency management system. The Mid-Beach area, in which the parcels are located, has the largest amount of recreation space of any district, and the residential developer has voluntarily proffered to contribute additional amenities to nearby Polo Park, as referenced in the attached correspondence from the developers Attorney. City Charter Issues The request for changing the Zoning Map of the City, as well as the Future Land Use Map of the City's Comprehensive Plan is affected by the following City Charter provision: Sections 1.03 (c), which partially states: The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001 ), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. In review of the floor area ratio limitation on the subject parcels, which are currently zoned GU (Government Use), the following applies: Sec. 142-425 (a). Development regulations. The development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU government use district shall be the average of the requirements contained in the surrounding zoning districts as determined by the planning and zoning director, which shall be approved by the city commission. The abutting zoning of the subject parcels, which is used to calculate the F.A.R. of the parcels, is RM-2, which equates to an F.A.R. of 2.0. As the proposed zoning change to RM-2 does not increase the established F. A. R. for the subject parcels, the requested amendment complies with the requirements of the referenced Charter provision, subject to City Commission approval. Comprehensive Plan Issues The total land area involved in this application is 32,082 square feet (. 74 acres). Under Section 163.3187 F.S., land use map amendments of less than 10 acres in size may be considered "small-scale" amendments, which require only one public hearing before the City Commission, which shall be an adoption hearing. Although not required, the local government should send a copy of the adopted small scale amendment to the State Land Planning Agency so that the Agency can maintain a complete and up-to-date copy of the City's Comprehensive Plan. 645 Commission Memorandum Talmudic Site -FLUM and Zoning Map Change January 15, 2014 lnterlocal Agreement for Public School Facility Planning Page 5 of 6 The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovernmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency. The RM-2 future land use category allows a density of 100 units per acre. The lot area of the portion of the site which will contain the proposed new residential building (pending a future lot split application) will be 81,544 square feet. Based upon this data, the maximum number of units that could be developed for this area is 187 units, however at this time, the actual number of units proposed is 72. Final site plan approval is contingent upon meeting Public School Concurrency requirements and the applicant will be required to obtain a valid School Concurrency Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools. Such Certificate will state the number of seats reserved at each school level. In the event sufficient seats are not available, a proportionate share mitigation plan shall be incorporated into a tri-party development agreement and duly executed prior to the issuance of a Building Permit. PLANNING BOARD REVIEW On December 17, 2013, the Planning Board (by a 5-0 vote) transmitted the proposal to the City Commission with a favorable recommendation. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City, and should increase the property's value, as additional apartment units will be added to the City's tax roll. SUMMARY The proposed amendment to the Future Land Use Map of the City's Comprehensive Plan and the change to the Zoning Map will allow for new residential development that would add value to the site, as well as be a visual and aesthetic improvement to the neighborhood. These amendments must be processed together, as they are interrelated to one another; however, separate motions must be made for each application. The final adoption hearing for the FLUM amendment, as well as Second Reading for the Zoning Map change, will both require a 30 day notice. The date of this hearing is pending the formal adoption of the February and March meeting dates by the City Commission. 646 Commission Memorandum Talmudic Site-FLUM and Zoning Map Change January 15, 2014 CONCLUSION The Administration recommends that the City Commission: Page 6 of 6 1. Accept the recommendation of the Land Use and Development Committee via separate motion; 2. Approve the Zoning Map Amendment Ordinance on First Reading and set a Second Reading Public Hearing for February/March __ , 2014; 3. Open and Continue the FLUM Amendment Ordinance to a date certain of February/March __ , 2014, at which time both Ordinances will be considered for adoption. NOTE: 2nd Reading of the subject Ordinance requires a 30 day notice. JL~GL:TRM T:IAGENDA\20141January\Talmudic Site FLUM and Zoning-MEMO 1st Read.docx 647 -~ ~UO!] .-~/i_(!/1 rt.or~(( ',,_.,~ ...... ,., ~~-·;.• ~"'•'• ·' ,• ''" ... ,,.,__""'' O"J•'•"'•-~ olr'• '" n--..-;. ,q ,....,.~"' -"•'LJ .,~, .,.., ....,., , ,.._q -· ...• , •. • .. ""· • ..... ,, .. .., ..... ,.,, .. , ... -.., ~~ ~-.. :,;~~ .. "':~·:~~~·:; '";;,;· ... ,. . .. .. '-,.-, .. ,',~ifTii'"·'~J:.r;i;f, 1;/(>1Wf; 1 -] Aerial: Sile Property currently loa.-d from FDOT. lo b~ pmchased 21,4<9 SF Property to be purchased from FOOT 10,653 SF T~t<Jf New Site ArAa l30,44S SF ucrooer 15, ~073 z--.rscov C:-i : ::; ;;·: :: ~ ·:: A R C I< I l ~ C T $ 0) ~ CD RICI.SCOl T GOVERNOR Florida Depilrilnent of Transportation IOOONW Ill Avenue \J\;A!'Iorli?R.\S.\D.P.E. Talmudic College 4000 Alton Road Miami Beach, FL. 33139 Miami. Fl ~3172 SECRf:T \R\' November 7th, 2013 Subject: Florida Department of Transportation Right of Way Property Dear Mr. Dubrow: Jtem/Seg. No.: SRNo. County Parcel No.: 4152301 SR 25 I Julia Tuttle Cswy Miami-Dade In accordance wHh your request, the Florida Department of Transportation Is submitting this letter to you in order to provide a status of your organization's request for the purchase of Department surplus property. The Department is in the process of the Internal Surplus For Sale Review. Upon the successful completion of the approval process, it is the intent to conclude a sale transaction between the Department and your organization I look forward in working with you. Please feel free to contact me directly at (305) 470- 5178. Respectfully, ~- Emma Halim Property Management Agent EXHIBIT ! 8 I Vv\1. w.dot.state.fl.us 650 Matthew Amster From: Sent: To: Cc: Subject: Morales, Jimmy <JimmyMorales@miamibeachfl.gov> Tuesday, September 24, 2013 11:22 AM Matthew Amster; Jimenez, Joe; Taxis, Mark; Lorber, Richard Rabbi Yiti:chak Zweig; mdubrow@dubrowllc.com; 'Daniel Lebensohn' (daniel@bh3llc.com); Michael Larkin RE: Talmudic University -redevelopment of 4000 Alton Road Thank you very much. I will have staff follow up. Be well. i ·d-'-'.1-.'iiL b~.: ·~, Jimmy Morales City Manager OFFICE OF THE CITY MANAGER 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7010 ! Fax: 305-673-7782 I http:l/www.mlamibeachfl.gay We are committed to providing ~cellf!llt public service and sujety to all who five, worlr ami play in our vibrant, tropical, historic community. From: Matthew Amster [mailto:mamster@brzonlnglaw.com] Sent: Saturday, September 21, 2013 10:29 AM To: Morales, Jimmy; Jimenez, Joe; Taxis, Mark; Lorber, Richard Cc: Rabbi Yitzchak Zweig; mdubrow@dubrowllc.com; 'Daniel Lebensohn' (daniel@bh311c.com); Michael Larkin Subject: Talmudic University -redevelopment of 4000 Alton Road Based on our meetings with the City Administration, BH 4000 Alton, LLC, as partner with Talmudic University in the redevelopment of 4000 Alton Road, wishes to make a voluntary contribution to the City of Miami Beach Parks Department for the following two improvements to the Polo Park Playground as specified in the attachment: $29,000 for a fitness circuit equipment and 1,500 square feet of safety surfacing.. including installation $25,000 for a shade sbucture: 30' x 40' x 12' height with installation $54,000 total Please contact us to discuss the necessary arrangements. Thank you very much. Matt Matthew Amster, Esq. Senior Associate Bercaw Radell & Fernandez, P.A. 200 S. Biscayne Blvd. Suite 850 Miami, FL 33131 (305) 377-6236 (305) 377-6222 (fax) -EXHIBIT l l [) ! I 1 651 .. COST ESTIMATE Polo Park • Playground Updaletl Oll/IJ1/2D13 Baste SIIB lmnrnv&mBnts: Unll Q_ty Unit Ccol Tot~ I Grading/Ooalqage/So)l! lm~emenrs• SF I s _1,000.00 s ~.000.1)0 Permit FeasrOnrwings (nollO e~ceed 10'% IUIIJip cool not lncludinl1 labor!}' Luin Sun1 1 s 4.000.00 s ·~.UOO.OD Stlu.Suntai·~ l!.,;mlng for'nporl': fielD" ·-Lump sum 1 s . s . Drinking fetW1lai11< e.d~iln!? ta remain Lump Sum 1 ' . s TeiiJ~~rary_PDri:!J.Ut (-2 mon_th ra_n~ll . _Lump Sum I s 200.00 5 :!Do.oo Conc1e!A Sidewul~. 4" !l-id. .. 5' wrue SF :100 s 4.50 s t.lSo.OO COmJXJBil~ Pla)-;niund, rrita!raitan l!lld !rieg!lt Lllmp Surr. 1 s 70.0011.00 s -70.000.DD S=lely Sutfacin; PIP SF 1000 $ 1.5.00 s 15.000.00 SDfllty Suri~t:il'!j ~ . -. .. CY 0 s . s . P.t!r'IO'--ale Swill!ll: racmD\Ie 1!.\iaitng PIP UIU a!KI haul away. U!p3inl swing bayt to L.F-1 s 38.500.00 s 38.!!00.00 Remo~a Will haul ollo•i~11ng c:ompooite n~tlri Lun.'r·sum 1 $ ~.liOD.OO s -1,600.00 aonOOcs, indudl!:l froight Unit 0 ~ . s . Trnsh Aacellt&des, inclut!u lmfgllt: e>«sllng tc rerru~in Unit 2 5 . s . PaTI< Si;n:;: Pa{l< Rule_s. part: 10 sign, 'park Piai'!JrO~n~ age• us~ ~lgn{s) Unil : s 1,!JOQ.QO s l,OOU.OC AdVJ~rtising/presanlalicn beams Lump Sum 1 s 300.00 s' 300.00 4rnil!Cail!n2.~ We.~l=llan .. Lump Sum 1 ;S 1,000.00 s 1,000 00 Tusl SF 2.1J() s 0.35 s 745.50 ~ban-tie /ntg:r1aw:s~Jrts field irrigano~ pmJe:l Lump Sum 1 s 2.500.00 5 2,500.00 ( Fllnoss Circuit Equlpmanl and ISOG SF ai ~alely surlacln;. lndudltl!J lnslaM;tion ~umpSum 1 s ~9,000.00 J 1 2'l.ooo.oo 1 Si1ada: aJ!PrD>. 311' x' 41i' :1: 1Z IIL~glll with lms~lla~cn Lum_P,SU'll_ 1 S . 25,QDO.OO 2!iM>O.OO :-. . . . ··-.. . s9 SUB TOTAL, lnclude:o sub-lolDIIor Basic Park lmprcv~manls s 191,195.50 Conlin _!laney 1 $ G.SOO.OO ToTAL ESTIMATED COIIT ·-5 197,fill5.50 :-:. I. ~ -, . .. 652 PARCELS 1, 2 AND TALMUDIC EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION GRAPHIC SCALE I \ J.:SOUT~ERLY I \ RIG"' OF WAY LINE 40 "WESfER!.. Y ~IGHT Of WAY LINE OF ALTON ROAD STATE ROAD #907 S.E, CORNER OF LOT 54 so I 160 j OF JUliA TUTTlE CAUSEWAY SIAfE ROAD #112 \ INTERS fATE 195 I I I NOT SUBDIVIDED \ il~ ft. NORTHERLY R'G>·<T OF WA"' LINE OF AL fON RO.._D STAT£ ROAC H25 NOT SUBDIVIDED PARCEL \ "li;l \ n \ I \ I :---~------~----------~----------~ I I I I I SOUTHERLY L:NE OF LOT 54 LOT 54 I ; I / 1 WESTERLY LINE ---' 1 1 OF SLGCK 1 I I I I I I i I I I I [L/ © ~ ~/ I I PARCEL TALMUDIC I I I I I I I I LOT 53 SOUTf-'ERL Y l:~~E Oc LCT D & NORT~ERLY LINE OF I .. OT 52 S.E CORNER~ 0~ LOT D \_ LOT 52 I I I I I I I I I 653 RF-SUBDIVISION~OF LOTS 40. 49, 50 & 51 OF BLOCK 1. N TILUS SUBDIVISION PLAT B K 35 PAGE 46 LOTE \ \ \ \ I I \ \ \ I I \ I \ LEGAL DESCRIPTION: FDOT-Parcel 1 A portion of Lot D ofRE-SUBDIVISION OF LOTS 48, 49, 50 & 51 OF BLOCK I, NAUTILUS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 35 at Page 46 of the Public Records of Miami-Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, and being more particularly described as follows: Commence at the Southeast comer ofLot 54 of said Block 1 of NAUTILUS SUBDIVISION; thence North 80°48'38" West along the Southerly boundary line of said Lot 54 for 175.93 feet to a point on the Northerly Right-of-Way line of Alton Road, also known as State Road No. 25, as shown on the Florida Department of Transportation Right of Way Map Section 87090-2402, Sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39°51'18" West; thence Northwesterly along said Northerly Right-of-Way line being a 600.92 foot radius curve, leading to the left, through a central angle of 03°58'57" for an arc distance of 41.77 feet to a point of tangency; thence North 54°07'39" West along said Northerly Right-of-Way line for 34.06 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 54°07'39" West along said Northerly Right-of- Way line for 128.73 feet; thence North 23° I 1'59" East, departing said Northerly Right-of-Way line for 161.81 feet; thence North 05°59'58" West for 62.09 feet to a point on the Southerly Right-of-Way line of the Julia Tuttle Causeway, also known as State Road 112 and 1-195, as shown on said Florida Department of Transportation Right of Way Map; thence North 55°48'22" East along said Southerly Right-of-Way line for 114.98 feet; thence South 25°20'17" East, departing said Southerly Right-of-Way line, for 78.82 feet; thence North 67°28'20" East for 95.22 feet to a point on the Easterly line of said Lot D; thence South 09°05'09" West along said Easterly line of Lot D for 74.16 feet to the Southeast corner of said Lot D; thence North 80"48'38" West along the Southerly line of said Lot D, also being the Northerly line of Lot 52 of said NAUTILUS SUBDIVISION for 165.54 feet to a point on the Westerly boundary line of said Block 1 ofNAUTILUS SUBDIVISION, the following three (3) courses being along said Westerly boundary line of Block 1; (1) thence South 05°5 8'24E for 103.61 feet; (2) thence South 00°23' 11" West for I 01.19 feet; (3) thence South 04°09'24" West for 64.92 feet to the Point of Beginning. LEGAL DESCRIPTION: FDOT-Parcel2 A portion of Lot 55 in Block I of NAUTILUS SUBDIVISION, according to the plat thereof as. recorded in Plat Book 8 at Page 95 ofthe Public Records of Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southeast corner of Lot 54 of said Block 1 of NAUTILUS SUBDIVISION; thence North 80°48'38" West along the Southerly boundary line of said Lot 54 for 26.00 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 80"48'38" West along said Southerly boundary line of Lot 54, also being the Northerly boundary line of said Lot 55 for 149.93 feet to a point on the Northerly Right-of-Way line of Alton Road, also known as State Road No. 25, as shown on the Florida Department of Transportation Right of Way Map Section 87090-2402, Sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39°51'18" West; thence Southeasterly along said Northerly Right of Way line being along a 600.92 foot radius curve, leading to the right, through a central angle of05°58'14" for an arc distance of 62.62 feet; thence south 76°03'16" East, departing said Northerly Right-of-Way line, for 72.65 feet to a point on the Westerly Right- of-Way line of Alton Road, also known as State Road No. 907 as shown on said Florida Department of Transportation Right-of-Way Map; thence North 41 o 11 '22" East along said Westerly Right-of-Way line for 48.00 feet to the Point of Beginning. 654 LEGAL DESCRIPTION: Talmudic University Lots 52, 53, and 54 in Block 1 of NAUTILUS SUBDIVISION, according to plat thereof recorded in Plat Book 8, page 95, of the Public Records of Miami-Dade County, Florida, less the part of Lot 54, described as follows: Beginning at the Southwest Comer of said Lot 54; thence run East 63.9 feet along the South line of said Lot 54 to a point; thence run Northwest 76 feet to the West line of said Lot 54 at a point 37 feet along the West line of said Lot 54 to the Point of Beginning, all in Block 1, NAUTILUS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, page 95 of the Public Records of Miami-Dade County, Florida: AND: Lot E, less the West 0.10 feet thereof; resubdivision of Lots 48, 49, 50, and 51 of Block 1, NAUTILUS SUBDIVISION: according to plat thereof recorded in Plat Book 35, page 46, of the Public Records of Miami-Dade County, Florida. 655 TALMUDIC SITE-FLUM CHANGE ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR PARCELS OF LAND ADJACENT TO WHAT IS MORE COMMONLY KNOWN AS THE "TALMUDIC UNIVERSITY," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ROS, "RECREATION AND OPEN SPACE," TO THE FUTURE LAND USE CATEGORY OF RM-2, "RESIDENTIAL MULTIFAMILY MEDIUM INTENSITY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Talmudic University seeks to change the Future Land Use Map category for surplus parcels owned by the Florida Department of Transportation ("FOOT") adjacent to the parcel commonly known and referred to herein as 'Talmudic University," located at 4000 Alton Road, from the current ROS, Recreation and Open Space, to the Future Land Use category RM-2, Residential Multifamily Medium Intensity; and WHEREAS, amending the Future Land Use category of the FOOT parcels adjacent to the Talmudic University parcel as provided herein is necessary to ensure the development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; and WHEREAS, the City of Miami Beach has determined that changing the Future Land Use category of the subject parcels as provided herein will ensure that new development is compatible and in scale with the built environment, and is in the best interest of the City; and WHEREAS, the full legal description of the Affected Property is contained in Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendment to the City's Future Land Use Map designations for the property described herein is hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the Future Land Use Map of the City: Parcels of land adjacent to what is commonly known as the 'Talmudic University" site, approximately 32,082 square feet (.74 acres), deemed to be a small-scale amendment, from the current ROS, "Recreation and Open Space," to the Future Land Use category of RM-2, "Residential Multifamily Medium Intensity." 656 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. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that the amendment provided for in Section I is made part of the Future Land Use Map of the City of Miami Beach Comprehensive Plan, 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 5. TRANSMITTAL. The Planning Director is hereby directed to submit this ordinance to the appropriate state, regional and county agencies as may be required by applicable law. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 31 days after adoption pursuant to Section 163.3187(2), Florida Statutes. PASSED and ADOPTED this __ day of _____ , 2014. ATTEST: CITY CLERK First Reading: February/March __ , 2014 Second Reading: N/A Verified by: _________ _ Richard Lorber Planning Director T:IAGENDA\2014\January\Talmudic Site FLUM-ORO 1st Read rev.docx - 2 - 657 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION z.JffsY. (-f' City Attorney~ ~-3-!4- Date PARCEL 1 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: A portion of Lot D of RE-SUBDIVISION OF LOTS 48, 49, 50 & 51 OF BLOCK 1. NAUTILUS SUBDIVISION, according to the plot thereof, as recorded in Plat Book 35 at Page 46 of the Public Records of Miami-Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, and being more particularly described as follows: Commence at the Southeast corner of Lot 54 of said Block 1 of NAUTILUS SUBDIVISION; thence North 80'48'38" West along the Southerly boundary line of said Lot 54 for 175.93 feet to a point on the Northerly Right-of-Way line of Alton Road, also known as State Road No. 25, as shown on the Florida Department of Transportation Right of Way Mop Section 87090-2402, Sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39'51 '18" West; thence Northwesterly along said Northerly Right-of-Way line being a 600.92 foot radius curve, leading to the left, through a central angle of 03'58'57" for an arc distance of 41.77 feet to a point of tangency; thence North 54'07'39" West along said Northerly Right-of-Way line for 34.06 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 54'07'39" West along said Northerly Right-of-Way line for 128.73 feet; thence North 23'11'59" East, deporting said Northerly Right-of-Way line for 161.81 feet; thence North 05'59'58" West for 62.09 feet to a point on the Southerly Right-of-Way line of the Julia Tuttle Causeway, also known as State Road 112 and 1-195, as shown on said Florida Deportment of Transportation Right of Way Map; thence North 55' 48'22" East along said Southerly Right-of-Way line for 114.98 feet; thence South 25'20'17" East, departing said Southerly Right-of-Way line, for 78.82 feet; thence North 67'28'20" East for 95.22 feet to a point on the Easterly line of said Lot D; thence South 09'05'09" West along said Easterly line of Lot D for 74.16 feet to the Southeast corner of said Lot D; thence North 80'48'38" West along the Southerly line of said Lot D. also being the Northerly line of Lot 52 of said NAUTILUS SUBDIVISION for 165.54 feet to a point on the Westerly boundary line of said Block 1 of NAUTILUS SUBDIVISION, the following three (3) courses being along said Westerly boundary line of Block 1; (1) thence South 05"58'24E for 103.61 feet; (2) thence South 00'23' 11" West for 101.19 feet; (3) thence South 04'09'24" West for 64.92 feet to the Point of Beginning. FORTIN. LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS Ft ORIOA CERTIFICATE OF AUTHORIZ/\. TION NUMHER: 00003653 1 :l5U Northeast l6~th. :S"£reet I North l'vli.arr""1i Beach~ rtorida. 33 162 Phone: 305-653-4-493 I Ft'lx JI0::5-65-l-7152 I F.n1ail fl::ot~~flssurvL'ly.cutn Drawn By MAP I Ref. Dwg. 2012-200 I Date 11/25/1.3 Oad No. 131457 I Job No. 131457 I ScaleNOT TO SCALE Plotted 11/25/13 10:50a I D'lrg No. 1013-109-1 Florida Department of Transportation, District VI Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet 1 of 5 658 PARCEL 1 EXHIBIT "A" SURVEYOR'S NOTES & CERTIFICATION SURVEYOR'S NOTES: -This site lies in Sections 22 and 27, Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida. -Bearings hereon are referred to an assumed value of N 09·11 '22" E per Florida Department of Transportation Surveying and Mapping Corridor Map, State Road No. 112, Section 87090-2402 (Sheet 16 of 18) for the Westerly right of way line of Alton Road. -Lands shown hereon were not abstracted for easements and/or rights-of-way of records. -Lands shown hereon containing 28,064 square feet, or 0.644 acres, more or less. -This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. -Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2012-200-1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on November 25, 2013, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Ucensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653 By: Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATF (J~ AUTHORIZATION NUM.HER; 00003653 1 RO Northens't 168-th. St.rcc-t I Nort-h Miamj_ B.c::.f'l.ch. FJC~-rida .33162 Pl•v••c. 305-653-44931 F~A 305-651-7152/ ELnail fl~(j,i{.nssu.rvey.co1n. Dran By MAP I Ref. Dw.sr. 2012-200 I Date 11/25/13 dad No. 131457 I Job No. 131457 I ScaleNOT TO SCALE Plotted 11/215/13 10:150a I Dwg No. 1013-109-1 Florida Department of Transportation, District VI Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet 2 of 5 659 / • • • *. • . ,. .. / • • • ;: . .. PARCEL 1 EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION • I . ·' ' • • JJ c~o.":c~-, . 1.-l'.'b ... -!_'::> :------;--_::;~' ',\,_' * .. . • SITE • • • • • ~· .. , ... ,~ .... * ."""-·~·\ . " ... .. \-e>..;1" ·'\.,(~.-:~ .. -~: > FORTIN, LEAVY, SKILES, INC. Florida Department of Transportation, District VI CONSULTING ENGINEERS, SURVEYORS & MAPPERS FI OR£DA C"ERTIFICATE OF AUTlJORIZATION NUMBr.R: 00003653 180 No-rthensl. 1 6R-th. Sr.re:c-r I Non:h Miami Beach.,_ Florida. 33162 Phone. 305-653--4493 IF~ ..... 305-65 I -71 52 I E1nail O:s~O:ssu.rvey.co1n Drawn B dad No. Plotted 661 Item Segment No.: State Project No.: Federal Project No.: State Road No.: County: Parcel No: Not yet 87090-2402 N/A 112 Miami-Dade allocated Sheet 4 of 5 PARCEL 1 EXHIBIT ''A'' LOCATION SKETCH FORTIN, LEAVY, SKILES. INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS Florida Department of Transportation, District VI Fl OR InA CERTIFICATE OF AU rHORIZATION NUMBER: 000036:"\~ 180 Northeast: !68th_ S1:rcct: I Nort:h Jvriami Deach. r.'lorida.. 33 1 (•2. Phone~ 305~653--4493 I Fi:!._... 305-651-7152/ ELnail fl:-J((Y.fls:<\lurvcy.<.."=O•n Drawn By MAP 662 Item Segment No.: State Project No.: Federal Project No.: State Road No.: County: Parcel No: Not yet 87090-2402 N/A 112 Miami-Dade allocated Sheet 5 of 5 PARCEL 2 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: A portion of Lot 55 in Block 1 of NAUTILUS SUBDIVISION. according to the plat thereof as recorded in Plat Book 8 at Page 95 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southeast corner of Lot 54 of said Block 1 of NAUTILUS SUBDIVISION: thence North 80"48'38" West along the Southerly boundary line of said Lot 54 for 26.00 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 80' 48' 38" West along said Southerly boundary line of Lot 54, also being the Northerly boundary line of said Lot 55 for 149.93 feet to a point on the Northerly Right-of-Way line of Alton Road, also known as State Road No. 25. as shown on the Florida Deportment of Transportation Right of Way Map Section 87090-2402, Sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39'5 1 '18" West; thence Southeasterly along said Northerly Right of Way line being along a 600.92 foot radius curve, leading to the right, through a central angle of 05'58' 14 • for an arc distance of 62.62 feet; thence south 76'03'16" East, departing said Northerly Right-of-Way line, for 72.65 feet to a point on the Westerly Right-of-Way line of Alton Rood, also known as State Road No. 907 as shown on said Florida Department of Transportation Right-of-Way Mop; thence North 41'11 '22" East along said Westerly Right-of-Way line for 48.00 feet to the Point of Beginning. FoRTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHURIZAT10N NUMBIJRc 0000~653 J SO Northe.asrt: 168-t:h_ St,-c;c1: I Nor-t:h Mi~roi Reach~ Florido.. 3 3 162 Phorte: 30.'5~653-4493 I F.nx_ 30.5-651-7152 I E1nail fl~(Ll}fl~~ut VIO!:y.o..;r ... Hll dad No. 1.31457 I Job No. 131457 I ~caleNOT TO SCALE Plotted 11/26/13 10:50o I Dwg No. 1013-109-2 663 Florida Department of Transportation, District VI Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet 1 of 5 PARCEL 2 EXHIBIT "A" SURVEYOR'S NOTES & CERTIFICATION SURVEYOR'S NOTES: -This site lies in Section 27, Township 53 South, Range 42 East. City of Miami Beach, Miami-Dade County, Florida. -Bearings hereon are referred to an assumed value of N 09'11 '22" E per Florida Department of Transportation Surveying and Mapping Corridor Map, State Road No. 112, Section 87090-2402 (Sheet 16 of 18) for the Westerly right of way line of Alton Road. -Lands shown hereon were not abstracted for easements and/or rights-of-way of records. -Lands shown hereon containing 4,11 6 square feet, or 0.094 acres, more or less. -This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. -Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2012 -200-1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on November 25, 2013, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653 By: Daniel C. Fortin, For The Firm Surveyor and Mapper, LS285J State of Florida. FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS FLURIUA L'ERTIFIC'ATE OF AUTIIOR.I7ATTON NUI'w't:RFR: OOOO:lt=.~::. 1 ;AO Northca.:<;'f: l: 68t:h_ S'treet: I Norr.h Miumi Beach. Florida. 33162 Phunc; 30.5-653-4493 I Fax 305-65 l -7 I 52 I E111ail fls(ii~flssurvcy.con1 Drawn By MAP I Ref. Dwg.2012-200l Date 11/25/13 dad No. 131457 I lob No. 131457 I .ScaleNOT TO SCALE Plotted 11/25/13 10:50a I Dwg No. 1013-109-2 Florida Department of Transportation, District V 1 Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet 2 of 5 664 PARCEL 2 EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION GRAPHIC SCALE ( i}l FEET ) I I I I I \ r:SOU111ERLY ~ 0 \ ~~~~E ~ c-~~.o-ATE ROAD f112 _, ~ ~ ~ \ INTERSTATE 195 ~ ~ \S> )i" \ <;IS: ~-' !Jl .; \\ !I~ ~~}~ '-'%~ 1 Inch = BO ft. I NORll-iERL'I'f\ I ';;. \'~ ,,. \. Q Rlg'r'TZro~A:o~~E 1 \ <:e, <& ~ ~ ~ n""' '1'7-fiJ I NOT SUBDIVIDED \ ?<, '' Q £' 0.... [V a, STATE ROAD 125 ~ "'? ...-. ..,.. ,-.. .;5,1);: ~~ \ ~'i--1",...\'() ..... .Po"'<. Q9Jr:>"'c:r -t-" I '"'9> ~ "Z f! ~ o~ ""' " ~ I \ ~ ~ ~ ~ C. ~oos:-<2:' 'h<f& I \ .z.~~ ........ t.fl "'..<.: ~.f~'-7';.:.."~\~ y:-'.;.~~~~~~~ ~----I-~------,--------------.-------------T----~1 \ -? -;,.\ ;\~J 0;:,~ I I I I If \ -~ ~ I I I S39'li1W I I I I / \ !?;: {RAilii.L) / I / : I \ ~~ A=5'58'14" flj I II I \ 1 1 I \ \~ \ ~(!_ R=600.92' 1 1 I <"':lo. ~ ~ L=62.62' & liD / [L, @ Cb; / ~ 1l / I \\ '!~ WO> ~ I I I I ~ "'--' ,e. I I I \ ~ / ~ : 2: ~ / \_ LO~ D \ / 5. [g ~~~L~U~E / Q/& 1 \ < jp f0! ;;.. IIORll-iERL Y UNE 1 !!J 1 w I ., ~ Of LOT 55 1 ~ 1 C!J I ' <n LOT 55 <'> 1 0 < {-'-io LOT54 11JIIl. -----\ , .,.. I .:JI<> I -----§5 I riJI:r: I -----\ :.;: POINT OF I LOT 53 E/8 / I ------{ o..r§:i 1"-'" ' /BEGINNING / :::!liD 1 I\ / SET 1/2" PIPE&: CAP I jl~ LOT 52 I I \ Ll3';)653 (10/31/13) I $IIi[ II I \ N41'11'22"E 48.00' '-'N'-"80::;;,'~;:'-';8:;;e"3i'-8"..::_W I ._ AE-SUBDIVISIONiOF LOTS 48. 49, 50 & 51 / ~ 25.00' I 1 I OF BLOCK 1. N TILUS SUBDIVISION I ~5TERLY ~--I I I F'LATB K351"'AGE46 I I RIGHT OF WAY UNJ - -_j I I LOT E I OF ALTON ROAD - - -I I I I STATE ROAD ~07 0 "I - - -! II I \ o "GHT o~ -. PL • T so' WAy - -I I --------~ ~ "' OK Nfi9:it'2-.2"r-- , / 1 ------PAG( 95 8 " ._ --- -I / I POINTOF ALTON ----I coMMENCEMENT :r " s1ATE D AoAo 1 S.E. CORNER Of LOT S4 f: 1-~ SEcTION N:::------_ .-.OAQ """Ol (':)ILl ~ o. a7090~ .,., 1-f# ~ (PUBLiC "240~ (SHEET ~ (/)I-"' CENTERU~E OF RIGHTQFW 16 0F"tS) UJ (/) ij STATE ROAD f!907 AYJ _ N23'11'59"E s it FORTIN. LEAVY. SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLOR[DA CERTIFICATE OF AUTIJORlZATION N1...J1\.1:DER: 000036~3 180 Northeast l6Rth. Stree1: I North l\..1in.mi Reach., Florida. 33 162 Phor"LC: 30~-fi.""i::::\-4493 I Fax 30:5-6.51-7152 J E•n..,.il n~ca;),n~~urvcy . ...,;vnl Drawn By dad No. 131457 I Job No. 131457 I /3cale 1"=80' Plotted 11/25/13 10:50o I Dwg No. 1013-109-2 Florida Department of Transportation, District VI Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet .3 of 5 665 / / : .. SITE PARCEL 2 EXHIBIT ''A'' SKETCH OF LEGAL DESCRIPTION ~ l~ .• ~ (--,: --,".,,. •. , <ro· ~>'•>v-"~~·, ~tl r-1 ~~·~.,:'; ""-"'"• ; ;'!- ,-:-..., ;,: J ~<'~ L -~'*~\ I ·~:.J:::!.'p' _c~ -':---J ::;:11 \:~: .. /dit~~~ ~JlL~~i :. ~ -~~ "' I .-!--. -I I I I /., ... FORTIN. LEAVY, SKILES. INC. Florida Department of Transportation, District VI CONSULTING ENGINEERS. SURVEYORS & MAPPERS FLORIDA Cl:.RTll--lCATE OF Al..'TIIORIZATION NT_JMRFR· 0000365~ I 80 NorthcnsT 168-rh. SYrcc'!': I North Miami Beach~ Fluoridi:l.. 33162 Phone: 303-6:53-4493 I Fa-"' 30.5-651-7152 I ELnall fls("V.flssu~ey.cont Drawn By dad No. 131457 I Job No. 131457 I Scale 1"=60' Plotted 11/25/13 10:50o I Dwg No. 1013-109-2 666 Item Segment No.: State Project No.: Federal Project No.: State Road No.: County: Parcel No: Not yet 87090-2402 N/A 112 Miami-Dade allocated Sheet 4 of 5 PARCEL 2 EXHIBIT ''A'' LOCATION SKETCH ~--A-L_T_O_N_R_O_A_D _ _.-- ~~~~ \~ ~(\\ ~~ FORTIN. LEAVY. SKILES, INC. Florida Department of Transportation, District VI CONSULTING ENGINEERS. SURVEYORS & MAPPERS FLORIDA CERTIF1CATE OF AUTIIOR..IZATIOK NUI'..tii3ER: 00003653 180 Northeas't 168t:h. S1:reet: I North .Miam113each. Florida.. 33162 Phone~ 305-653-44~3 I Fax 305-651-715:2 I Etnail fls{!.:Y.tlssurvey.conl Drawn By MAP Plotted 667 Item Segment No.: State Project No.: Federal Project No.: State Road No.: County: Parcel No: Not yet 87090-2402 N/A 112 Miomi~Dode allocated Sheet 5 of 5 TALMUDIC SITE-ZONING MAP CHANGE ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR PARCELS OF LAND ADJACENT TO WHAT IS MORE COMMONLY KNOWN AS THE "TALMUDIC UNIVERSITY," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ZONING CLASSIFICATION GU, "GOVERNMENT USE DISTRICT," TO THE PROPOSED ZONING CLASSIFICATION RM-2, "RESIDENTIAL MULTI-FAMILY MEDIUM INTENSITY," PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Talmudic University seeks to change the zoning classification of the surplus parcels owned by the Florida Department of Transportation ("FOOT') adjacent to the parcel commonly known and referred to herein as 'Talmudic University," located at 4000 Alton Road, from GU, Government Use District, to RM-2, Residential Multifamily Medium Intensity; and WHEREAS, amending the zoning of the FOOT parcels adjacent to the Talmudic University parcel as provided herein is necessary to ensure that the development of the property will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; and WHEREAS, the City of Miami Beach has determined that the rezoning of the FOOT parcels adjacent to the Talmudic University parcel as provided herein will ensure that new redevelopment and renovation of existing structures are compatible and in scale with the built environment, and is in the best interest of the City; and WHEREAS, the full legal description of the Affected Property is contained in Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendments to the City's zoning map designations for the properties described herein are hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the zoning map of the City: Parcels of land adjacent to what is commonly known as the "Talmudic University," approximately 32,082 square feet (.74 acres}, from the current GU "Government Use District," to the proposed zoning classification RM-2, "Residential Multifamily Medium Intensity." 668 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. CODIFICATION. It is the intention of the City Commission that the Official Zoning District Map, referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida be amended in accordance with the provisions of this Ordinance. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect 31 days after adoption to correspond to the adoption date of the amendment to the Future Land Use Map of the City's Comprehensive Plan. PASSED and ADOPTED this __ day of _____ , 2014. ATTEST: CITY CLERK First Reading: January 15, 2014 Second Reading: February/March_, 2014 Verified by: --------- Richard Lorber Planning Director MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 24~~ ?City Attorne~ (-3-14- Date T:IAGENDA\2014\January\Talmudic Site FLUM-Zoning ORO 1st Read REV.docx -2- 669 PARCEL 1 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: A portion of Lot D of RE-SUBDIVISION OF LOTS 48, 49, 50 & 51 OF BLOCK 1, NAUTILUS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 35 at Page 46 of the Public Records of Miami-Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, and being more particularly described as fall aws: Commence at the Southeast corner of Lot 54 of said Block 1 of NAUTILUS SUBDIVISION; thence North 80'48'38" West along the Southerly boundary line of said Lot 54 for 175.93 feet to a point on the Northerly Right-of-Way line of Alton Road. also known as State Road No. 25, as shown on the Florida Department of Transportation Right of Way Map Section 87090-2402, Sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39'51'18" West; thence Northwesterly along said Northerly Right-of-Way line being a 600.92 foot radius curve, leading to the left, through a central angle of 03"58'57" for an arc distance of 41.77 feet to a point of tangency; thence North 54"07'39" West along said Northerly Right-of-Way line for 34.06 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 54'07'39" West along said Northerly Right-of-Way line for 128.73 feet; thence North 23'11'59" East, departing said Northerly Right-of-Way line for 161.81 feet; thence North 05'59'58" West for 62.09 feet to a point on the Southerly Right-of-Way line of the Julia Tuttle Causeway, also known as State Road 112 and 1-1 95. as shown on said Florida Department of Transportation Right of Way Map; thence North 55.48'22" East along said Southerly Right-of-Way line for 114.98 feet; thence South 25'20'17" East, departing said Southerly Right-of-Way line, for 78.82 feet; thence North 67'28'20" East for 95.22 feet to a point on the Easterly line of said Lot D; thence South 09"05'09" West along said Easterly line of Lot D for 74.16 feet to the Southeast corner of said Lot D; thence North 80'48'38" West along the Southerly line of said Lot D, also being the Northerly line of Lot 52 of said NAUTILUS SUBDIVISION for 165.54 feet to a point on the Westerly boundary line of said Block 1 of NAUTILUS SUBDIVISION, the following three (3) courses being along said Westerly boundary line of Block 1; (1) thence South 05'58'24E for 103.61 feet: (2) thence South 00"23'11" West for 101 .19 feet; (3) thence South 04'09'24" West for 64.92 feet to the Point of Beginning. FORTIN, LEAVY, SKILES, INC. CONSULTING E::-.TGINEERS. SURVEYORS & MAPPERS FT _QR{nA CERTIFICATE Or.' AUTliOR.IZATIO~ NUMBER.; 00003653 180 Northeast: 168"th. St:ree:"t I North Minml Bc&ch, Florida. 33162 Phone~ 305-6.53-4493 I Fax 305-651-7152 / Etnail fls<I'~flssurvey.coLn Drawn By MAP I Ref. Dw-g. 2012-200 I Date 11/25/13 dad No. 131457 I Job No. 1.31457 I ScaleNOT TO SCALE Plotted 11/25/13 1 0:50o I Dwg Na. 1 013-1 09-1 670 Florida Department of Transportation, District VI Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet 1 of 5 PARCEL 1 EXHIBIT "A" SURVEYOR'S NOTES & CERTIFICATION SURVEYOR'S NOTES: -This site lies in Sections 22 and 27, Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida. -Bearings hereon ore referred to an assumed value of N 09"11'22" E per Florida Department of Transportation Surveying and Mapping Corridor Map, State Rood No. 112, Section 87090-2402 (Sheet 16 of 18) for the Westerly right of way line of Alton Rood. -Lands shown hereon were not abstracted for easements and/or rights-of-way of records. -Lands shown hereon containing 28,064 square feet. or 0.644 acres, more or less. -This is not a "Boundary Survey" but only o graphic depiction of the description shown hereon. -Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #20i 2-200-1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on November 25, 2013, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 4 72.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653 By: Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. FORTIN. LEAVY. SKILES. INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NU!'vmER~ 0000365~ 180 Northeast: 168th. Street (North Mia .. n.~J. Bca.~b.. Flocida. 3-316-:Z Phcne: 30:5-6.53-4493 I Fax ~0~-l'i"'i 1-7152 I E.naH fls~flssu.rve:y_cC>•"'I'll Dra-wn By MAP I Ref. Dwg. 2012-200 I Date 11/25/13 Oad No. 131457 L Job No. 1314-57 I Scale NOT TO SCALE Plotted 11/25/13 10:50o I Dwg No. 1013-109-1 671 Florida Department of Transportation, District VI Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet 2 of 5 PARCEL 1 EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION GRAPHIC SCALE 40 80 160 I ( IN FEET ) SET 1/2" PIPE & CAP-,_ I LBJ65J (10/Jl/D) 'I 1 inch = 80 ft. I I NOT SUBDIVIDED \ [:SOUTHERLY I \ RIGHT 01" WAY LI~E I OF JULIA TUTTL£ CAUSE\VAY STATE ROAD #112 \ I~TERSTATE 195 ~"' \ ~l~ Q Po~ rr(l, ,:5 '*-~ g;o ~ 0 "''li"' -'' ;:"'~ oV: ,_o"' .,_'> J:-"' ~oos-~ <bcJ& ~ -.o.:, 0 ~0 --"',;:-&"' \ 'i>g ~;6~2 ~1~~~~3~APQ\ ~~~ 'B'o,. \ N05'59'S8"V'J 62.09' ,...._ A:. ,z. (; 0 ,r:;, NOT SUBDIVIDED ~ "-'?"".P"§'<'.r.f POINT OFG\ .if: 0 0S "0.:f BEGINNING i r----+-S~074~'0~9'~24["WitJ._~"';:::;';;:;;;:==-;;;o:--~";':::'~~-;;;::;~m~--:iQ3.6ft ~~~~~tr~l ~r 64.92' 1 S00'23'1i'W 101.19' S05'5B''24"E. 103 · 6 1' ~~" I I I I N54'07'39"W I \\'ESlERLY LINE I / ~4. 06' ~ Of BLOCK 1 / ~1/ : ! (RADIAl.) ~ I 1 / d ! I / I I ' II [IDi [L © ~I / I_ I I / I~ / f!S ! ! / !"'--/ g/0: SOUT'rlERL Y LINE OFLOTD& NORTHERLY LINE OF LOT 52 </ I SOUTHERLY UNE / i!/~ L'JT 55 I 01" LOT 54 I ;> 19 1 -~ r EASTERlY LINE ....... "" I £! I ' Of LOT D \ " 1• LO' 54 ~ "' ' ~~~ ~' .:>!~ '-...... ~~ / lOT 53 §/8 1 1 ~:~~;~,::-c:;-\ J I ; 1:; LOT 52 ; l LIBJ553 (10/31/13) I \ i)_~ ! 1 fi ! RE-SUBDIVISION 1oF LOTS 48, 49, 50 & 51 J \ I I J OF BLOCK 1. NTTILUS SUBDIVISION \ I'!£STERLY -I I I PLAT B K 35 PAGE 46 I \\ RIGHTOF'/IAYLIN~ ----.-I i I or ALTON RoAO r --.~. _ 1 1 LoT E 1 ' STATE ROAD /IS07 -- -- -I I I I ',\ 8 RiGHT OF --L I o PlAT SO WAY - -J ----------"' PI\G£ OK 8 Na91t·Jrr-_ L / / \ POINTOF - 95 ALTON ----~---I coMMENcEMENT sy41E R ROAo 1 S.E. CORNER r:F LOT 5+ SEcnQ;j N~ #g 07 B?osa-24 -I (PUBlic 02 (SI-IfOET ~ CENTERLINE Cf' FliGHra, W 16 01' 1B) STATE ROAD (1907 AYi _ I FORTIN. LEAVY, SKILES, INC. Florida Department of Transportation, District Vl CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 1 80 Nox-llJ.east 16Sth. Street J Nonh. Mia:a:n.1. Bea.ch. Flox-ida. 33 162 Phone~ :305-6:53-44-93-I Fax 305-6:S r -71 :52 I 'E.nutll fl5l@flssurvey.con11 Drawn By MAP dad No. 131457 Plotted 672 Item Segment No.: State Project No.: Federal Project No.: State Road No.: County: Parcel No: Not yet 87090-2402 N/A 112 Miami-Dade allocated Sheet 3 of 5 / /I /. /1 / / PARCEL 1 EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION • . .. · • • ····· SITE \· • * • • -· .. • <~--~~[~~\ • • • \-:-! J"~;:~_; .• _,~\. FORTIN, LEAVY, SKILES, INC. Florida Department of Transportation, District VI CONSULTING E~GTNEERS, SURVEYORS & MAPPERS FLORIDA C'ERTIF.ICATF. OF Al_JTHORlZATTON Nt.JMRFR: 00003653 1 R.O Nnn.hea~T. 168rh. St.r-eet. I North Miami Beach. Flc. . ..Jrid.a. 33 162 Phum::; 305-653--4493 J Fa.A 305-651-7152 I En-.ail fls(~t1:ssurveo:y.cont Drawn B dad No. Plotted 673 Item Segment No.: State Project No.: Federal Project No.: State Road No.: County: 87090-2402 N/A 112 Miami-Dade Parcel No: Not yet allocated Sheet 4 of 5 PARCEL 1 EXHIBIT "A" LOCATION SKETCH ~--A-LT_O_N_R_O_A_D _ ___. -ln 0 FORTIN, LEAVY, SKILES, INC. Florida Department of Transportation, District VI CONSUL TTNG ENGNEERS, SURVEYORS & MAPPERS FLORIDA CERTIFlC:ATE OF AlJTHORtZATTON 1'-..""I...JMBE:R_: 00003653 180 Nox-tl~-=a.st l6l:!:th. Stx-o:::-ct I Nv.n.h l'Ytia..rni Eh:ra~h~ Florida. 3316.2 Phot'\o!:~ 30.5-653-4493 I F.ax 305-65 1-7152 J En~ail fl:s~fl:!i~urve:y_cQtn Drawn By MAP dad No. 131457 Plotted 674 Item Segment No.: State Project No.: Federal Project No.: State Road No.: County: Parcel No: Not yet 87090-2402 N/A 112 Miami-Dade allocated Sheet 5 of 5 PARCEL 2 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: A portion of Lot 55 in Block 1 of NAUTILUS SUBDIVISION, according to the plat thereof as recorded in Plat Book 8 at Page 95 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southeast corner of Lot 54 of said Block 1 of NAUTILUS SUBDIVISION: thence North 80'48'38" West along the Southerly boundary line of said Lot 54 for 26_00 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 80'48'38" West along said Southerly boundary line of Lot 54, also being the Northerly boundary line of said Lot 55 for 149.93 feet to a point on the Northerly Right-of-Way line of Alton Road, also known as State Road No. 25, as shown on the Florida Department of Transportation Right of Way Mop Section 87090-2402, Sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39'51'1 8" West; thence Southeasterly along said Northerly Right of Way line being along a 600.92 foot radius curve, leading to the right, through a central angle of 05'58'14" for on arc distance of 62.62 feet; thence south 76'03' 16" East, departing said Northerly Right-of-Way line, for 72.65 feet to a point on the Westerly Right-of-Way line of Alton Road, also known as State Road No. 907 as shown on said Florida Department of Transportation Right-of-Way Map; thence North 41'11'22" East along said Westerly Right-of-Way line for 48.00 feet to the Point of Beginning. FORTIN~ LEAVY~ SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS Fl O'RTOA CERTIFICATE OF AUTHORIZATION NUMBER; 00003653 180 Nurth..:a.st. 16-~th. Street I ::"'onh :rv:ii;a.mi Beach~ rlorida. 33162 Phone; 305-65.3-4493 I Fax 305-651-71 52/ En-u'l~1 fts.~f'ls~ur..·l!'y.ccwn Drawn By MAP I Ref. Dwg. 2012-200 I Date 11/25/13 Oad No. 131457 I Job No. 1314-57 I Scale NOT TO SCALE Plotted 11/25/13 10:50c I Dwg No. 1013-109-2 675 Florida Department of Transportation, District VI Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet 1 of 5 PARCEL 2 EXHIBIT "A" SURVEYOR'S NOTES & CERTIFICATION SURVEYOR'S NOTES: -This site lies in Section 27, Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida. -Bearings hereon ore referred to an assumed value of N 09'11 '22" E per Florida Department of Transportation Surveying and Mapping Corridor Map, State Road No. 112, Section 57090-2402 (Sheet 16 of 1 B) for the Westerly right of way line of Alton Road. -Lands shown hereon were not abstracted for easements and/or rights-of-way of records. -Lands shown hereon containing 4,116 square feet. or 0.094 acres, more or less. -This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. -Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2012-200-1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on November 25, 2013, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Ucensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653 By: Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. FORTIN. LEAVY, S K.ILES, INC. CONSULTING ENGI"-'EERS, SURVEYORS & MAPPERS FI.ORIDA CFRTIFICATE OF AUTHORIZATION NUMBER: 00003653 }l::j:Q Nvrth~ast lV:t:l-th. ~t.reet I ~oL""""th l"v1i.anu Beach. Floc ida, 3.3 162 Phone: 305-653-4493 I Fi\x 30S-6'51-71 :5:2. f F.n1nit fls(?i;fls~urvey.c..:un Drawn By MAP j Ref. Dwg. 2012-200 I Date 11/25/13 dad No. 131457 I Job No. 131457 I ScaleNOT TO SCALE Platted 11/25/13 10:50c I Dwg No. 1013-109-2 676 Florida Department of Transportation, District VI Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet 2 of 5 GRAPHIC SCALE ~0 ( IN FEET ) 1 inch = 80 ft. PARCEL 2 EXHIBIT ''A'' SKETCH OF LEGAL DESCRIPTION I I ',r:F~~~:~~~~E ~ CAUS£'/IAY ;.; I ATE ROAD 1112 \ ...... \ I~TE~STI\TE 19~ "'~ Ill 7 I \ ~01§ 'b ..A I ~ ~ ~ ,.... I \ zz q_..--\~ \ ~li <1>1-~7..-_ ..>-. NDRTHERLYf\ I ~0 ~\(I~ <) RIGHT OF '/lilY UNE: I \ I ~ ~ 1,., ~ ~ .-, ~ ,_ OF ALT~ ROAD NOT SUBDIVIDED \ , <I>'-'\ Q ~Q 0... a,J (l. STATE: ROAD #25 1 \ 'jl " -- .;)I');; ~ ~ \ '01-.'"'0 -v,~. 1:, () l,o x Q 9Jo"' " _,_-., I ~ " ..,.._ -z ~-~ O'?""Q ~"'~" I \ O'ii>''' ~ c. Pas-~"'~~ I \ ".z_~~~ \fl '> L' /,_ .p;.,.ca t:-"~.. 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NTTILus suBolvlsloN ~ J J PLAIB K3SPAGE:46 WESTERLY --I j RIGHT OF '/lAY UNj - -_j I I LOT E OF ALT~ ROAD ---I I STATE ROAD 1907 8 RIGHT OP - - -.l i I I o PLAT EIO WAY - - -I -----------I() PAGE f~ 8 1!0911"22'[--,_ -I ./ / A ---POINTOF LTON ___ ,....., coMMENCEMENT :r: ,... s'Ar RoAo 1 s.E. coRNER OF LoT 54 t ,_ 1 E Ro (') UJ <'; SEcnQ;:j N~ #907 UJ ~ 87090-.24 -\ !-(( i5 1~"UBuc 0'1(SHEET ~ (/}}-"' CENTERU~E OF RIGHTQFWA 16 01'18) l:f! (/} ~ STATE ROAD f907 Y) _ :::. !), N41'11'22''E/ N23'11 '59'E I I I I I I I I FORTIN, LEAVY, s K.ILES, INC. Florida Department of Transportation, District VI CONSULTI:-IG ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AL'THORIZATIO~ NUMH:E:R: 0000365:~ 180 No:rt.he.ast-168th. St~e~t. / :."'Jorth l'v'l.i.am~ Deach~ :r:-Ioi;"id.:.._ 33162 'Phone: ~0~-6:5:?;-4-4<):\ I Fnx 30:5-6:'51-7152 I F1nnil t15@fls~urvey.co1n Drawn By Cad No. 131457 I Job No. 131457 I {Joale 1"=80' Plotted 11/25/13 10:50a I Dwg No. 1013-109-2 677 Item Segment No.: - State Project No.: 87090-2402 Federal Project No.: N/ A State Road No.: 112 County: Miami-Dade Parcel No: Not yet allocated Sheet 3 of 5 / / SITE ....... ~. """'-'"'-" __ -, / / / / I I PARCEL 2 EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION / I I / / / / I / I / ./"' --~--x---x· -~---y« ;~';;~~.'"'"'·~;(~ \~ -.·.·.:~·.,-,""" 'f _;~----.,, .. l .~---r--·-· ~I ~~~~ =::~,.,..r./ ;..:._/ -~:~=':1~~ \ '\ ' ~;~ r .. ,-c.', PCII-r?S'-;- f r :~. FORTIN, LEAVY, SKILES, INC. Florida Department of Transportation, District VI CONSULTING ENGINEERS, SURVEYORS & MAPPERS .FLOR.1DA CER~l"IFfCA'i'b OF AUYl-lORIZATION NUMBER~ 0000:36.53 1 80 Northeas1: 168th. Strcc-r / No.-rh f'o,..1'io.mi Ben-ch~ Florida.. 33162 Phone: 305-653~4493 I Fax 305-651 ~7152 I E1HO:LI1 n~(i~fh.>S"U.f""VII::Y-\."UIII Drawn By MAP I Ref. Dwg. 2012-200 I Date 11/25/13 dad No. 131457 I Job No. 131457 I ~cale 1"=60' Plotted 11/25/13 10,50a I Dwg No. 1013-109-2 678 Item Segment No.: State Project No.: Federal Project No.: State Road No.: County: Parcel No: Not yet 87090-2402 N/A 112 Miami-Dade allocated Sheet 4 of 5 PARCEL 2 EXHIBIT "A" LOCATION SKETCH FORTIN, LEAVY, SKILES, INC. Florida Department of Transportation, District VI CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTlFlCATF OF Al_JTHORl7ATlON Kt_rl'vfRFR-OOOO'J;t'i<;":l 180 Northeast: 168th. Street I Nurd1 Miami Beach. Flurida. 33162 Pho-ne. 305-653-44'::13 I Fax 305-65 1-7 152 I En-.aJl fls(~flssurvey . ..:;onl 679 Item Segment No.: State Project No.: Federal Project No.: State Road No.: County: Parcel No: Not yet 87090-2402 N/A 112 Miami-Dade allocated Sheet 5 of 5 THIS PAGE INTENTIONALLY LEFT BLANK 680 -;\1\IAA/\ BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: CC: FROM: DATE: Jimmy L. Morales, City Manager Rafael Granado, City Clerk Commissioner Joy Malako~a/.rJ~ January 15, 2014 If SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED "ADMINISTRATION/' BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES" TO STREAMLINE THE CITY'S BOARDS BY EXPANDING THE POWERS, DUTIES AND/OR MEMBERSHIP OF CERTAIN AGENCIES, BOARDS AND COMMITTEES AND ABOLISHING THOSE THAT ARE SUPERSEDED BY THE ENHANCED AGENCIES, BOARDS, AND COMMITTEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. I have asked the City Attorney's Office to prepare the attached Ordinance, which I am requesting be placed for First Reading at the January 15, 2014 City Commission meeting. One of my first priorities as a City Commissioner has been to conduct a global review of the City's boards and committees. Throughout the course of my research, I noted that not only have the number of City boards and committees increased significantly during the past few years alone, but that many of these boards and committees are either not meeting regularly, or duplicating their efforts by addressing the same (or very similar) issues. Additionally, since all of these committees require City staff support, the amount of administrative staff time being spent covering these boards is overwhelming. Frankly, rather than staff our many boards and committees, our City employees' time should be prioritized and spent on more productive matters. The attached Ordinance, which I'm proposing for First Reading at the January 15, 2014 meeting, resulted from my review of all of the current standing 681 Agenda Item Date Rs.s 1-I'S-1 l{ City boards and committees created by ordinance and codified in Chapter 2, Article Ill of the City Code. As I read through the mission statements, powers and duties and membership compositions of these many boards and committees, I identified areas where we could either 1.) abolish certain board and committees that are no longer active and/or have outlived their original purpose and/or are doing the same work as another committee; or 2.) consolidate certain board and committees which deal with similar (or related) subject matters and/or have oversight over similar (or related) issues. See Exhibit "A". I have subsequently met with members of the City Manager and the City Attorney's Office and, together, we have drafted the attached Ordinance for the full Commission's consideration. In reviewing and considering the attached Ordinance, I might also add that this is a particularly opportune time to consider the proposed changes to our City board and committee legislation; not only because we haven't conducted an overall review for many years (at least ten years), but also in light of the fact that the term of many direct appointees to our City boards and committees (i.e. those made by former commissioners) expired as of December 31, 2013, and our new Mayor and City Commissioners will have their first opportunity to make their own appointments to fill these resulting vacancies. 682 AGENCIES, BOARDS, OR COMMITTEES TO BE ABOLISHED Flooding Task Force Ad Hoc Committee (interests to be addressed by the newly created Flood Mitigation Commission Committee; created by Resolution and to be abolished by Resolution at the February 2014 Commission Meeting) Fine Arts Board (inactive; created by Resolution and to be abolished by Resolution at the February 2014 Commission Meeting) Single Family Residential Review Panel (to be abolished pursuant to Ordinance Item R5E on the January 15, 2014 agenda) Debarment Committee (debarments to be handled on a case-by-case basis by the City Commission) Loan Review Committee (interests to be addressed by the expanded Affordable Housing Advisory Committee) Community Relations Board (interests are addressed by the City of Miami Beach Human Rights Committee) Golf Advisory Committee (interests to be addressed by the expanded Parks and Recreational Facilities Board) Tennis Advisory Committee (interests to be addressed by the expanded Parks and Recreational Facilities Board) Youth Center Advisory Board (interests to be addressed by the expanded Parks and Recreational Facilities Board) Community Development Advisory Committee (interests to be addressed by the expanded Affordable Housing Committee) Bicycle-Pedestrian Facilities Advisory Committee (interests to be addressed by the expanded Transportation and Parking Committee) Waterfront Protection Committee (interests to be addressed by the expanded Marine Authority) Safety Committee (inactive) Beautification Committee (inactive) Capital Improvements Projects Oversight Committee (inactive) EXHIBIT "A" 683 AGENCIES, BOARDS, OR COMMITTEES TO REMAIN AS AMENDED Affordable Housing Advisory Committee (duties and membership expanded) Police/Citizen Relations Committee (membership streamlined to 2 direct appointments by the Mayor and each Commissioner) Parks and Recreational Facilities Board (duties and membership expanded) Marine Authority (to be renamed the Marine and Waterfront Protection Authority with expanded powers, duties, and membership) Transportation and Parking Committee (to be renamed the Transportation, Parking, and Bicycle-Pedestrian Facilities Committee with expanded duties) F:\ATTO\SMIJIMemos from Commissioners\ExhibitA from Memo from Commissioner Malakoff.docx 2 684 ORDINANCE NO. _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES" TO STREAMLINE THE CITY'S BOARDS BY EXPANDING THE POWERS, DUTIES AND/OR MEMBERSHIP OF CERTAIN AGENCIES, BOARDS AND COMMITTEES AND ABOLISHING THOSE THAT ARE SUPERSEDED BY THE ENHANCED AGENCIES, BOARDS, AND COMMITTEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City's various agencies, boards, and committees established in Chapter 2 of the City Code serve many important public functions; and WHEREAS, in order to provide greater efficiency and to streamline the functioning of City boards, the Mayor and City Commission deem it in the best interest of the City to expand the powers, duties and/or membership of certain City boards and to abolish those boards that are superseded by the enhanced agencies, boards and committees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT CHAPTER 2, ARTICLE Ill OF THE CODE OF THE CITY OF MIAMI BEACH IS AMENDED AS FOLLOWS: SECTION 1. That Article Ill of Chapter 2 of the Code of the City Miami Beach is hereby amended as follows: 1.) Division 3, entitled "Beautification Committee, Section 2-36 thereof, is deleted in its entirety. * * * 2.) Division 8, entitled "Golf Advisory Committee," Section 2-36 thereof, is deleted in its entirety. * * * 3.) Division 12, entitled "Loan Review Committee," Section 2-166 thereof, is deleted in its entirety. 685 4.) Division 12.5, entitled "Affordable Housing Advisory Committee," Section 2-167 thereof, is amended as follows: Sec. 2-167. Established; purpose; powers and duties; composition. (a) Established. There is hereby established the affordable housing advisory committee, whose purposes, power and duties, composition, membership qualifications and general governing regulations are set forth in this section. (b) Purpose. The affordable housing advisory committee is herein created pursuant to and in accordance with F.S. § 420.9076 requiring said committee to triennially review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the City of Miami Beach and to recommend specific actions or initiatives to encourage or facilitate the development and/or retention of affordable housing while protecting the ability of property to appreciate in value. (c) Powers and duties. 1. The powers and duties of the affordable housing advisory committee, pursuant to F.S. § 420.9076, are to submit a report to the Miami Beach G.Qity G.Qommission that includes recommendations on, and triennially thereafter, evaluate the implementation of, affordable housing incentives in the areas as set forth specifically within F.S. § 420.9076(4)(a)-(k). The advisory committee's recommendations may also include other affordable housing incentives identified by the advisory committee. The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public meeting. All remaining procedural requirements attendant to the advisory committee's recommendations as set forth within F.S. § 420.9076 shall apply. The advisor)' committee may perform other related duties at the request of the city commission. 2. The advisory committee shall review applications for funding the rehabilitation of residential properties under the provisions of the city's Multi-family Housing Rehabilitation 2 686 Programs Guidelines (as approved pursuant to Resolution No. 95-21728. and as may be amended from time to time). and recommend approval of qualified applications to the city manager and city commission (which recommendations shall be advisory and not binding upon the manager or the city commission). 3. The advisory committee shall advise the city manager and city commission with regard to the formation of the City's Five (5) Year Consolidated Plan to assess the city's affordable housing and community development needs; provided. however. that the committee will not have the power to make administrative decisions nor direct city staff's actions. 4. The advisory committee may perform other related duties. at the request of the city manager or the city commission. (d) Composition. The affordable housing advisory committee shall consist of 44 eighteen (18) voting members with two-year terms. +Ae-Seven (7) members of the affordable housing advisory committee shall be direct appointments. one made by the mayor and each commissioner. and the remaining eleven (11) members shall be appointed at large by a majority vote of the mayor and city commission. The committee must include: 1. One citizen who is actively engaged in the residential home building industry in connection with affordable housing. 2. One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. 3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. 4. One citizen who is actively engaged as an advocate for low- income persons in connection with affordable housing. 5. One citizen who is actively engaged as a for-profit provider of affordable housing. 3 687 6. One citizen who is actively engaged as a not-for-profit provider of affordable housing. 7. One citizen who is actively engaged as a real estate professional in connection with affordable housing. 8. One citizen who actively serves on the local planning agency pursuant to F.S. § 163.3174. 9. One citizen who resides within the jurisdiction of the local governing body making the appointments. 10. One citizen who represents employers within the jurisdiction. 11. One citizen who represents essential services personnel, as defined in the local housing assistance plan. Members of the loan revimv committee, community development advisory committee, planning board and Miami Beach Housing l\uthority may be appointed to fill any of the above 11 categories. and serve as ex officio voting members on this 11 member affordable housing advisory committee. If the city, due to the presence of a conflict of interest by prospective appointees, or other reasonable factor, 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. (e) Supporting department. The supporting department of the committee is the neighborhood services department, Mhousing and community Qgevelopment division. department. 5.) Division 13, entitled "Parks and Recreational Facilities Board," Section 2- 171 thereof, is amended as follows: Sec. 2-171. Established; purpose; composition. (a) Established. There is hereby established the parks and recreational facilities board, whose purposes, power and duties, composition, membership qualification and general governing regulations are as set forth in this section. (b) Purpose Powers and Duties. The board shall serve in an advisory capacity to the city commission and the city manager and the director of recreation, culture and parks on matters related to the successful implementation of a comprehensive community-based parks and recreation service delivery system. Such issues may include, but are not 4 688 limited to, creative program development, a community involvement process, overall parks and recreation facility development, and service as an oversight committee to evaluate goals of the recreation, culture and parks and recreation department. The board shall interact with other boards, governmental agencies and civic groups on an as-needed basis to foster the success of the department's objectives. The board shall also serve in an advisory capacity to the city manager and the city commission with regard to matters pertaining to the: ~ recreational and operational facilities of the Scott Rakow Youth Center and North Shore Park Youth Center; 2. use. operation and management of the city's public municipal golf courses; and 3. use. operation, and management of the city's public tennis facilities; provided however. that the board shall be purely advisory and recommendatory regarding the programs. services. operations, and (where noted above} management of such facilities. (c) Powers and duties. See subsection (b) of this section . .{£l~ Composition. The parks and recreational facilities board shall be comprised of teA thirteen (13) voting members: 1. Seven ill direct appointments, one made by the mayor and each commissioner. The chairpersons of the following boards/committees or their designees shall serve as nonvoting, ex officio members of the parks and recreational facilities board: a. The beautification committee. b. The golf advisory committee. c. The youth center advisory board. 2. Six (6) at-large appointments as follows: a.) Two (2) members having an affiliation with the city's youth centers. with one member affiliated with the Scott Rakow Youth Center, and one member with the North Shore Park Youth Center. "Affiliation" with a youth center may be deemed to include a present participation in youth center activities by a member's child/children. 5 689 b.) Two (2) members who have demonstrated a high degree of interest. participation. and/or expertise in the sport of golf. c.) Two (2) members who have demonstrated a high degree interest. participation. and/or expertise in the sport of tennis . .(Ql(e) Knowledge and experience. 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. Consideration should also be given to individuals who have special knowledge or background related to the field of parks and recreation. (e)~ Supporling department. The supporting department of the board is the recreation, culture parks and recreation department. * * * 6.) Division 14, entitled "Safety Committee," Section 2-176 thereof, is hereby deleted in its entirety. * * * 7.) Division 16, entitled "Youth Center Advisory Board," Section 2-186 thereof, is hereby deleted in its entirety. * * * 8.) Division 18, entitled "Community Relations Board", Sections 2-190.11 through 2-190.15 thereof, is hereby deleted in its entirety. * * * 9.) Division 20, entitled "Police/Citizen Relations Committee," Section 2-190.39 thereof, entitled "Composition," is amended as follows: * * Sec. 2-190.37. Purpose. The mission of the police/citizen relations committee is to recommend and endorse programs and projects that will enhance the well-being of the residents and visitors of the city and to provide advice to the city commission pertaining to 6 690 community/police relations with the aim of improving the public's confidence in government and in particular, the police department of the city. Sec. 2-190.38. Powers and duties. The police/citizen relations committee shall have the following duties, functions, powers and responsibilities: 1. To serve in an advisory capacity to the city commission and the city administration of the city with respect to matters pertaining to police/community relations and their impact on the community of the city. 2. To formulate and recommend plans and programs relating to community relations, and to review and make recommendations regarding the police department budget. 3. Members shall be encouraged to participate in the "ride along" program of the department. 4. It is the express purpose of this committee to serve as a vehicle for responsible persons to understand and resolve the concerns of the residents of the city with regard to police/community relations and to make recommendations to the city commission and city administration regarding such matters. 5. To perform such other duties as may from time to time be assigned to it by the city commission Sec. 2-190.39. Composition The committee shall consist of 17 members, fourteen (14) of •.vhom shall be voting members. The members shall be direct appointments, with the mayor and city commissioners, each making two individual appointments. GHe nonvoting ex officio member shall be from the nonadministrative personnel of the police department selected by a majority vote of the nonadministrative personnel. Two additional nonvoting ex officio members shall be the police chief (or a designee) and the city attorney (or a designee). The chairperson of the committee or his designee shall serve as a non'.·oting, ex officio member of the community relations board. The police/citizen relations committee shall be assigned to the police department. * * * Sec. 2-190.41. Supporting department. The supporting department of the committee is labor relations. * * * 7 691 10.) Division 21, entitled "Marine Authority," Sections 2-190.46 through 2-190.41 thereof, is amended as follows: MARINE AND WATERFRONT PROTECTION AUTHORITY Sec. 2-190.46. Created. The city's marine and waterfront protection authority is hereby created and established. Powers, duties, composition and attendance requirements of the marine authority are set out specifically in this division. Sec. 2-190.47. Established; purpose. (a) There is hereby established the marine and waterfront protection authority, whose purposes, power and duties, composition, membership qualification and general governing regulations are as set forth in this section and sections 2 109.22 and 2 1 09.2d. 2- 190.49. (b) The supporting department of the authority is the code enforcement department. The marine authority is dedicated to providing high quality advisory assistance to the city administrative department in marine related matters. The marine authority is committed to promoting and maintaining a safe, clean and healthy marine environment to be enjoyed by its eitizens, as 'Nell as visitors to the city. To accomplish this goal, the authority receives and revimvs applieations for eharter boats, beaeh eoncessions, marine related special events and sensitive marine environmental issues. Sec. 2-190.48. Membership. (a) Composition. The marine authority shall consist of seven fourteen .(1.£ voting members, 'Nho shall be direct appointments by with the mayor and city commissioners each having two (2) direct appointments, and one nonvoting, ex officio member of the authority, who shall be a representative of the city marine patrol (b) Knowledge and experience. Appointments to the authority shall consist of a combination of individuals who have had previous experience in the 1J operation ef or inspection of either marine vessels Gf marine facilities, including experience in various types of marine vessels and boatlo.g activities, and/or 2.) who have an interest in preservation of the city's beaches and waterfronts. 8 692 including fishing in the wateF\\'ays 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. Sec. 2-190.49. Powers and duties. The powers and duties of the marine authority are to: 1. Recommend to the city commission the adoption, rev1s1on and amendment from time to time of appropriate rules and regulations reasonably necessary for the implementation, effective enforcement, administration and interpretation of the provisions of this chapter and the minimum standards prescribed in this chapter, and to provide for the effective and continuing establishment and enforoement of reasonable minimum standards v1ithin the frammvork of the chapter. 1Nhen approved by the city commission, sush rules and regulations shall have the forse and effect of law. & Make oontinuing studies aA6 periodic reports and advisory non- binding recommendations to the city manager or the city commission for the improvement of minimum standards for the city in marine-related matters to promote and maintain a safe clean and healthy marine environment to be enjoyed by the city's residents and visitors. This shall include and to workl!!g_in cooperation with au federal, state and local agencies interested in marine standards and clean and clear waterways; and to publicizeing the importance of adequate minimum standards~, ta and holdl.!J.g and conducting public hearings, discussions, forums and institutes to arrange programs for the presentation of information by experts in related fields. and to visit and study marine programs sonducted in other metropolitan areas. 2.f3t Foster and maintain a clean, litter-free marine environment by exploring the availability of enforcement techniques, new ordinances~ and the active promotion of voluntary cleanups. 3.(4t Make recommendations regarding any ongoing and future waterside activities including the permitting and policing of water-related and beach concessions, a-00 water-oriented and marine related special events~ and marine and waterfront environmental issues. 9 693 4. (5) Make resommendations to the planning board or any other sity board 'Nhen acting on matters related to the provisions of this ohapter. The investigation, development, and carrying out of plans for the preservation and renourishment of the beaches in the city, including, but not limited to. erosion control. 5. To foster and maintain a clean, safe. and litter-free beach environment by exploring the availability of enforcement techniques, programs. or new legislation to accomplish these goals. 6. The encouragement of a desire in the citizenry of the city to maintain and preserve the city's beaches. 7. The recommendation of plans to the city manager. city commission. as well as to other local, state. and federal governmental agencies. for the preservation and nourishment of the city's beaches. 8. The authority's power of review and recommendation set forth hereinabove shall apply as well to such matters concerning maintenance of city boardwalks. beachwalks, cutwalk and baywalks. * * * 11.) Division 25, entitled "Transportation and Parking Committee," Sections 2- 190.91 through 2-190.88 thereof, is amended as follows: TRANSPORTATION, AND PARKING, AND BICYCLE-PEDESTRIAN FACILITIES COMMITTEE Sec. 2-190.91. Established. There is hereby established the transportation, parking and bicycle- pedestrian facilities and parking committee, whose purposes, power and duties, composition, membership qualification and general governing regulations are as set forth in this division. 10 694 Sec. 2-190.92. Purpose. The transportation, a-00 parking, and bicycle-pedestrian facilities committee's of the city's mission is to serve in an advisory capacity to the city manager and the city commission and city administration in matters of transportation and parking as they relate to the unique community of the city; and to improve the lives of the city's residents and visitors by promoting the development. sound management. and use of public facilities dedicated to bicycles and pedestrians in the city. It shall be the goal of this committee to assist in the development of programs, the implementation of solutions and the forwarding of recommendations to the city which are fiscally responsible. This committee shall strive to help resolve the critical transportation and parking challenges facing our growing, dynamic community. Sec. 2-190.93. Powers and duties. The transportation and parking committee shall have the following duties, functions, powers and responsibilities: 1. To serve in an advisory capacity to the city commission and the city administration manager with respect to matters pertaining to transportation and parking and their impact on the communities of the city. As such, the city commission aR9 or the city administration manager shall refer matters of public import pertaining to transportation and parking to the transportation and parking committee prior to their adoption or implementation for consideration and recommendation. The matter shall be considered and sent back to the commission with a recommendation. 2. To formulate and recommend plans and programs for coordination of the activities of governmental entities pertaining to transportation and parking and their impact on the city. 3. It is the express purpose of this committee to serve as a vehicle for responsible persons to utilize and consult with in attempting to understand and resolve the concerns of the city with regard to transportation and parking issues, and to make recommendations to the city manager a-00 or 91v_commission city administration regarding such matters. 4. The committee shall also provide advisory recommendations to the city manager or city commission regarding the use. operation. management and development of public bicycle and pedestrian facilities for such action as they may seem appropriate. 11 695 5. To perform such other duties as may from time to time be assigned to it by the city manager or city commission. Sec. 2-190.94. Composition. The committee shall consist of fourteen (14) voting members. The mayor and city commissioners shall each make one direct appointment, with the other seven (7) members of the committee to be comprised of members from the following community organizations, each of which must delegate a permanent coordinating representative: 1. Miami Beach Chamber of Commerce's Transportation and Parking Committee; 2. Miami Beach Community Development Corporation; 3. Ocean Drive Association; 4. Miami Design Preservation League; 5. North Beach Development Corporation; 6. f! Mid-Beach Community Neighborhood or Business Association; 7. Lincoln Road 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 ill members shall consist of a quorum of the committee and shall be necessary in order to take any action. Sec. 2-190.95. Compensation. Members shall serve without compensation. Sec. 2-190.96. Meetings. Committee meetings or subcommittee meetings of the committee may be called by the chairman or by written notice signed by ten .(1Ql members of the committee. Additionally, the committee may call a meeting to be conducted at a future date. All meetings are public and shall be conducted in accordance with the Florida Sunshine Law, of the state F.S. § 286.011. Sec. 2-190.97. Knowledge and experience. The members of the voting committee shall have knowledge of and interest in transportation and parking and their impact on the city. The members of the board shall be officially designated by their respective community organization afltl. shall foUew provide a letters from such organization certifying that designation shall be forwarded to the Miami Beaoh city clerk. 12 696 Sec. 2-190.98. Supporting department. The supporting department of the committee is the parking department. Sees. 2-190.99-2-190.105. Reserved. 12.) Division 26, entitled "Community Development Advisory Committee," sections 2.190.106 through 2-190.112 thereof, is hereby deleted in its entirety. 13.) Division 27, entitled "Waterfront Protection Committee," Sections 2-190.12 through 2-190.126 thereof, is hereby deleted in its entirety. 14.) Division 28, entitled "Capital Improvement Projects Oversight Committee," Section 2-190.127 thereof, is hereby deleted in its entirety. 15.) Division 29, entitled "Debarment Committee," Sections 2-190.128 through 2-190.133 thereof, is hereby deleted in its entirety. 16.) Division 33, entitled "Tennis Advisory Committee" Section 2-190.148 thereof, is hereby deleted in its entirety. 17.) Division 34, entitled "Bicycle-Pedestrian Facilities Advisory Committee," Sections 2-190.149 through 2-190.153 thereof, is hereby deleted in its entirety. 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. 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. 13 697 SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the __ day of _____ , 2014. PASSED AND ADOPTED this __ day of _____ , 2014. ATTEST: Rafael E. Granado, City Clerk (Sponsored by Commissioner Joy Malakoff) F:\A TTO\AGUR\RESOS-ORD\Boards Ordinance January 8 2014.docx 14 698 Philip Levine, Mayor ( APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: An Ordinance of the Mayor and City Commission of The City Of Miami Beach, Florida, Amending Chapter 2 of the Miami Beach City Code Entitled "Administration," by Amending Article IV Entitled "Officers And Employees," by Amending Section 2-191 Entitled "Enumeration Of Organizational Units." Key Intended Outcome Supported: Maximize efficient delivery of services; strengthen internal controls Item Summary/Recommendation: Section 2-191 of the Miami Beach City Code requires that the organizational units be created by law or ordinance. The last time Section 2-191 was amended was when the Office of Elder Affairs was created in December 1999. Many organizational changes have taken place since then, the most recent of which are separating Code Enforcement from the Building Department and creating the Office of Housing and Community Development; two items that are on the agenda for your consideration today. Section 4-02 of the Code sets forth the functions and powers of the City Manager, which include appointing all directors of the several departments now existing, or to be created, with the consent of the Commission, and to the remove the same at will, except for the Legal Department and the City's Clerk's Office. Therefore, the proposed ordinance reflects a reality that has developed over time. While the proposed ordinance appears to reflect many new organizational units, they were already in existence upon my arrival. During my tenure, I made departments of the following divisions: Information Technology, Communications and Procurement. Appointees to direct those new departments were confirmed at the July 17, 2013, City Commission meeting. The Administration recommends approval of the ordinance on first reading and setting the second reading and public hearing for the next regularly scheduled City Commission meeting in February 2014. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 NA NA D 2 NA NA 3 NA NA OBPI Total NA Financial Impact Summary: City Clerk's Office Legislative Tracking: I Sylvia Crespo-Tabak, Human Resources Director Sign-Offs: Department Director Assistant City Manager Sylvia Crespo-Tabak MIAMI BEACH ents and Offices\Code Change Summary doc.docx 699 AGENDA ITEM --,,..---:R:.:-S .... T~ DATE f.-/~-Jl( i MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: AN ORDINANCE OF THE MAYO AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "OFFICERS AND EMPLOYEES" BY AMENDING SECTION 2-191 ENTITLED "ENUMERATION OF ORGANIZATIONAL UNITS". ADMINISTRATION RECOMMENDATION Section 2-191 of the Miami Beach City Code enumerates the organizational units within the City. The last time Section 2-191 was amended was when the Office of Elder Affairs was created in December 1999. Many organizational changes have taken place since then, the most recent of which is my request to separate Code Enforcement from the Building Department and creating the Office of Housing and Community Development; two items that are on the agenda for your consideration today. The Administration recommends approval of the ordinance on first reading and setting the second reading and public hearing for the next regularly scheduled City Commission meeting in February 2014. BACKGROUND 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; a commitment which, among many other things, called for an evaluation of the organization's structure and resulted in revisiting a process that appears to have been dormant for the last 15 years. Section 4-02 of the Charter sets forth the functions and powers of the City Manager, which include appointing all directors of the several departments now existing, or to be created, with the consent of the Commission, and to the remove the same at will, except for the Legal Department and the City's Clerk's Office. Therefore, the proposed ordinance reflects a reality that has developed over time. While the proposed ordinance appears to reflect many new organizational units, most were already in existence upon my arrival. During my tenure, I have reorganized into departments the following divisions: Information Technology, Communications and Procurement. Appointees to direct those new departments were confirmed at the July 17, 2013, City Commission meeting. 700 City Commission Memorandum -Amending Section 2-191 January 15,2014 Page 2 of 2 After the departure of the Real Estate, Housing and Community Development's division director, her responsibilities were absorbed by the director of the Department of Tourism, Cultural and Economic Development, Max Sklar, and the Community Services Division Director, Maria Ruiz. After months of functioning under this structure, I have given Max Sklar permanent responsibility for real estate and asset management functions, and am recommending the creation of the Office of Housing and Community Development to be directed by Maria Ruiz. CONCLUSION The Administration recommends approval of the ordinance on first reading and setting the second reading and public hearing for the next regularly scheduled City Commission meeting in February 2014. JLM/!is/SC-T T:IAGENDA\2014\January\Amendment to City Code -Departments and Offices\Memo departments and offices code amendment.docx 701 ORDINANCE NO. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE IV ENTITLED "OFFICERS AND EMPLOYEES," BY AMENDING SECTION 2-191 ENTITLED "ENUMERATION OF ORGANIZATIONAL UNITS," BY CREATING THE OFFICE OF COMMUNICATIONS, OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT, INFORMATION TECHNOLOGY DEPARTMENT, PROCUREMENT DEPARTMENT, TOURISM, CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT, PLANNING DEPARTMENT, OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT, AND OFFICE OF CAPITAL IMPROVEMENT PROJECTS; ELIMINATING THE DIVISIONS UNDER OFFICES AND DEPARTMENTS; AND FURTHER PROVIDING AMENDMENTS TO THE NAMES OF CERTAIN DEPARTMENTS AND OFFICES; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there currently exists the need to make modifications to the Miami Beach City Code in order to properly enumerate the existing administrative structure of the City; WHEREAS, Section 4.02 of the Code sets forth the functions and powers of the City Manager, which include appointing all directors of the several departments now existing, or to be created, with the consent of the Commission, and to the remove the same at will, except for the Legal Department and the City's Clerk's Office; and WHEREAS, the modifications contained herein representation of the City's administrative structure. provide an accurate NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 2-191 of City Code Chapter 2, entitled "Administration," is hereby amended as follows: Section 2-191. Enumeration of organizational units. The administration or organization units of the city shall be as follows: (a) City manager's oOffice of the city manager. (1) Office of community relations/public information. (2) Office of management and budget. (3) Office of risk management. (4) Office of children's affairs. (5) Office of internal audit. (6) Office of elder affairs. (b) Office of the City Attorney. (c) Office of the City Clerk. (d) Finance department. 1 702 (e) Human resources department. (f) Building services department. (1) Building division. (g) Development, design and historic preservation department. (1) Economic and community development division. (2) Planning, design and historic preservation division. (h) Recreation, culture and pParks and recreation department. (1) Administration division. (2) Beach patrol division. (3) Parks maintenance division. (4) Recreation division. (5) Landscape maintenance division. (i) Parking department. (1) Administration division. (2) On street parking division. (3) Off street parking division. U) Fire department. (1) Suppression division. (2) Rescue division. (3) Support services division. (4) Prevention division. (k) Police department. (1) Office of the chief. (2) Patrol division. (3) Support services division. (4) Criminal investigations division. (5) Technical services division. (1) General services department. (1) Central services division. (2) Computers and communications division. (3) Fleet management division. (4) Property management division. (5) Procurement division. (li) Construction management division. (m) Public works department. (1) Administration division. (2) Engineering di'.'ision. (3) Streets and streetlight division. (4) Sewer division. (5) Stormv.gter division. (li) Water division. (7) Construction and financial management division. (g) Environmental resources management division. (n) Code compliance department. (e) Convention center department. (p) Bass Museum of Art department. (q) Office of communications. (r) Office of budget and performance improvement. (s) Information technology department. (t) Procurement department. (u) Tourism, culture and economic development department. 2 703 (v) Planning department. (w) Office of housing and community development. (x) Office of capital improvement projects. * * 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 a part of the Miami Beach City Code. 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 on the __ day of _______ _ 2014. PASSED AND DULY ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida, this day of , 2014. ATTEST: Rafael E. Granado City Clerk 3 704 Philip Levine Mayor APP~OVED AS TO fOR:\\ & LANGUAGE & FOR EXECUTION 118/;y Date COMMISSION ITEM SUMMARY Condensed Title: A resolution setting the dates for the year 2014 Commission meetings. Key Intended Outcome Supported: Supports multiple KIO's. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: Pursuant to 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. At the December 11, 2013 Commission meeting, the City Commission adopted the January 2014 City Commission meeting dates, and requested for the Administration to schedule a Committee of the Whole Meeting for the January 15, 2014 Commission meeting to discuss the scheduling of the remainder of the Commission Meeting dates for 2014. The Administration recommends that when preparing the City Commission meeting calendar, the City Commission take into consideration the following events: U.S. Conference of Mayors; Miami-Dade County Days; Art Basel; ICMA Conference; August recess; September to set the tentative/final millage and budget approval; November for election/runoff election meetings (if it is an election year); and Federal & Religious Holidays. (Note: The Miami Beach Annual Boat Show is scheduled for February 13-17, with move-in scheduled to start on February 7-12 and move-out scheduled on February 18-22, which creates significant parking and traffic challenges for the City Hall area.) The Administration suggests that when scheduling the 2014 City Commission Meeting dates, the City Commission accomplish three goals: 1) schedule one City Commission meeting and one alternate meeting a month, if possible; 2) schedule Commission meetings on Wednesdays; and 3) not schedule Commission meetings during the month of August, while the City Commission is in recess. The Administration recommends approving the resolution. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Si Assistant City Manager er 11\2014 City Commission Dates\2014-commissioner.dates-SUM. MIAMI BEACH 706 Approved AGENDA ITEM ____..:...fJ.-'--7-=-A~ DATE ~f-.!....:( )=-""'~f'£~....-...- C9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City Co FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, SETTING THE DATES FOR THE YEAR 2014 CITY COMMISSION MEETINGS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Pursuant to 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. At the December 11, 2013 Commission meeting, the City Commission adopted the January 2014 City Commission meeting dates, and requested for the Administration to schedule a Committee of the Whole Meeting for the January 15, 2014 Commission meeting to discuss the scheduling of the remainder of the Commission Meeting dates for 2014. The Administration recommends that when preparing the City Commission meeting calendar, the City Commission take into consideration the following events: U.S. Conference of Mayors; Miami-Dade County Days; Art Basel; ICMA Conference; August recess; September to set the tentative/final millage and budget approval; November for election/runoff election meetings (if it is an election year); and Federal & Religious Holidays. (Note: The Miami Beach Annual Boat Show is scheduled for February 13-17, with move-in scheduled to start on February 7-12 and move-out scheduled on February 18-22, which creates significant parking and traffic challenges for the City Hall area.) The Administration suggests that when scheduling the 2014 City Commission Meeting dates, the City Commission accomplish three goals: 1) schedule one City Commission meeting and one alternate meeting a month, if possible; 2) schedule Commission meetings on Wednesdays; and 3) not schedule Commission meetings during the month of August, while the City Commission is in recess. In order to assist with the discussion to set the 2014 Commission Meeting dates, attached please find: Attachment "A": Attachment "B": Attachment "C": list of legal and religious holidays. list of Jewish holidays. list indicating dates that Commissioners have notified us that they are not available. 707 In order to make the City Commission Meetings more efficient and prevent residents from spending multiple hours waiting for a time certain item to be heard, Mayor Philip Levine has proposed that all presentations and awards be heard at a separate meeting. By placing the Presentations and Awards on the Alternate meeting date, the regular City Commission meetings will start business on time, which will increase the likelihood that time certain agenda items are taken up at the time listed, or closely thereafter. Additionally, having a designated Presentations and Awards Commission Meeting will allow the City Commission an opportunity to properly acknowledge and show gratitude to those individuals or groups who have taken an active role in serving our community. If needed, the Presentations and Awards Commission Meeting may be utilized as a continuance for items not reached during the previous Commission Meeting. CONCLUSION The Administration recommends that the Mayor and City Commission approve the proposed City Commi~n meeting dates and Alternate Meeting dates for the remainder of 2014. JLM/R~c T:\AGENDA\2014\January\2014 City Commission Dates\2014-Commission.dates-MEMO lc.doc 708 Attachment "A" CITY OF MIAMI BEACH LEGAL AND RELIGIOUS HOLIDAYS 2014 New Year's Day Dr. Martin Luther King, Jr. Day President's Day Easter Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Wednesday, January 1, 2014 Monday, January 20, 2014 Monday, February 17, 2014 Sunday,April20,2014 Monday, May 26, 2014 Friday, July 4, 2014 Monday, September 1, 2014 Tuesday, November 11,2014 Thursday, November 27, 2014 Friday, November 28, 2014 Thursday, December 25, 2014 709 Tu B'Shevat Ta'anit Esther Purim Shushan Purim Passover Second Passover Lag B'Omer Shavuot Fast of the 17th of Tammuz Fast of Tish'a B'Av The 151h of Av Rosh Hashanah Fast of Gedaliah Yom Kippur Sukkot Hashanah Rabbah Shemini Atzeret & Simchat Torah Chanukah Attachment "B" JEWISH HOLIDAYS 2014 January 16 March 13 March 15-16 (work should be avoided) March 17 April 14-22 (work permitted only on Apri/17-18 & Apri/20) May 14 May 18 June 3-5 (no work permitted) July 15 August 4-5 August 11 September 24-26 (no work permitted) September 28 October 3-4 (no work permitted) October 8-15 (work permitted only October 12·15} October 15 October 15-17 (no work permitted) December 16-24 710 Attachment "C" Unavailable dates on Commission Calendars Tobin Malakoff Steinberg Grieco Wolfson Weithorn Levine* Jan. 6-10 Feb. 3-7 Mar. 10-21 Apr. 7-18 May 5-16 Jun. 9-20 Jul. 8-19 Jul. 10-22 Oct. 13-20 *Mayor Lev1ne has no known conflicts at th1s t1me. Note: We are still pending responses from the following Commissioners: Micky Steinberg, Michael Grieco, Jonah Wolfson and Deede Weithorn. 711 RESOLUTION TO BE SUBMITTED 712 THIS PAGE INTENTIONALLY LEFT BLANK 713 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 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 ConstrucUon Management At Risk Services For The Par 3 Golf Course Project, In The Amount Of $4,227,898; And A Five (5) Percent OMler's Contingency In The Amount Of $211,395 For A Total Amount Of $4,439,293. 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: Pursuant to the former City Manager's recommendation, on October 19, 2011, the Mayor and City Commission approved Resolution No. 2011- 27791, authorizing the Mayor and City Clerk to execute a Pre-Construction Services Agreement with QGS. These services included: review of project requirements, existing on· site conditions, preliminary budget, project scheduling and phasing, value engineering; and submission of constructability recommendations to the consultant. Per the requirements of the contract, the CMR, coordinates with the Architect/Engineer team and the City, the issuance of bid documents to a pre-approved list of subcontractors to obtain the pricing in order to develop the GMP. On September 27, 2013, QGS held their subcontractor bid opening at the Capital Improvement Projects (CIP) Office in the presence of representatives of the City's CIP office, and consultants, McCumber Golf Inc. (McCumber) and Kobi Karp Architecture and Interior Design (Kabi Karp). The bids were evaluated and thcroughly reviewed to insure that they encompassed the full scope of work. The GMP was formulated based on the lowest responsive bid for each element. The GMP was then negotiated with the CMR to obtain the best possible price based an the specified project scope. Fallowing a number of discussions, evaluation of value-engineering (VE) options, analysis of constructability recommendations, and negotiations. QGS submitted the final negotiated GMP proposal in the amount of$4,227,898 (Exhibit A). The GMP Amendment No.1 (Exhibit B) reflects the proposed amount of $4,227,898, and a five percent owner's contingency in the amount of $211,395 for a total of $4,439,293. In order to obtain further assurance that the best value for this project had been negotiated, the City contracted CMS Estimating Services (CMS), a consultant retained under the City's Constructability, Cost & Value Engineering Review Services contract, to perform an independent construction cost estimate. The estimated construction cost as submitted by CMS is $4,246,678 (Exhibit C). This project was initially approved in the FY 2007/08 Capital Plan with a construction budget of $2,954,000. The original scope of work included the renovation of the existing golf course, greens, tees and bunkers as well as irrigation and drainage systems. As the project progressed and as requested by the Commission, se'leral items were added or modified from the original scope. On June 9, 2010 Resolution No. 2010-27407 (Exhibit D) and on June 1, 2011, Resolution No. 2011-27677 (Exhibit E) the City approved and adopted the final scope of work as being, a 9 hole Par 3 golf course and lake system; restroom building; a 2,000 square foot splash pad; a 6,000 square foot tot lot; four (4) asphaltic concrete tennis courts and nine (9) parking spaces. In addition, the City requested that the project include a connection of the existing storm drainage located on Prairie Avenue and the Par 3 property to the lake system far emergencya ... erflow; that the starter shack be included in the approved GMP and nat as an alternate: the three (3) month turf grow in period be performed by the CMR, and that a permanent fertigation system be provided. This additional scope totals approximately $250,000. The administration is of the opinion that based on the scope of work identified in the documents the final negotiated GMP is a competitive. fair and reasonable price. The construction duration of this project has been negotiated at 273 calendar days (approximately 9 months) and it is anticipated that this work will commence in March 2014 (pending permit approvals). It is recommended that the Mayor and City Commission adapt the resolution. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 $3,637,975 388-2627-069357-MCC CDT INT-CDT RESORT TAX 2 $ 100,000 429-2730-069357-STORMWATER LOC 3 $ 211,395 388-2627-069357-MCC CDT INT-CDT RESORT TAX fo· ~ 4 $ 489,923 306 -MID BEACH QUALITY OF LIFE -Subject to Future appropriation OBP Total $4,439,293 Financial Impact Summary: No funds being expended at this time. Clerk's Office le islative Trackin DM M F:IT _Drive\AGENDA\2014\January\Par 3 Golf Course\Par 3 MIAMI BEACH Manager 714 City Manager '\ RY Revised funding.doc AGENDA ITEM ----'-t(_l_B"77'7"""_ DATE __.__1-..~..::f )~--(y,___ ttl MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, A PROVING 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 MARCH 20, 2012, FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE PAR 3 GOLF COURSE PROJECT, IN THE AMOUNT OF $4,227,898 PLUS A FIVE PERCENT OWNER'S CONTINGENCY IN THE AMOUNT OF $211,395; FOR A TOTAL AMOUNT OF $4,439,293 WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $3,637,975 FROM FUND 388 -MDC COT INTERLOCAL-CDT/RESORT FUND; $100,000 FROM FUND 429-STORMWATER LOC-RESO 2009- 27076; $211,395 FROM FUND 388 • MDC COT INTERLOCAL- CDT/RESORT FUND; AND $489,923 FROM FUND 306 -MID BEACH QUALITY OF LIFE, SUBJECT TO FUTURE APPROPRIATION THROUGH A CAPITAL BUDGET AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2013/14 TO BE PRESENTED AT THE JANUARY 15, 2014 COMMISSION MEETING. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING $3,637,975 $ 211,395 $ 100.000 $3,949,370 $ 489.923 $4,439,293 Account # 388-2627-069357 (previously appropriated) Account# 388-2627-069357 (previously appropriated) Account# 429-2730-069357 (previously appropriated) Account# 306-Mid Beach Quality of life (subject to future appropriation) Funding for this amendment in the amount of $3,637,975 has been previously appropriated from Fund 388 -MDC COT lnterlocai-CDT/Resort Fund, and $100,000 from Fund 429 - Stormwater LOC -Resolution 2009-27076; a five percent owner's contingency amount of $211,395 from Fund 388 -MDC COT lnterlocai-CDT/Resort Fund; and $489,923 from Fund 306 -Mid Beach Quality of life, subject to future appropriation through a budget amendment to the FY 2013/14 Capital Budget. 715 Commission Memorandum-QGS Development GMP for Par 3 Golf Course Project January 15, 2014 Page 2 of3 ANALYSIS The Mayor and City Commission at its July 13, 2011 comm1ss1on meeting authorized the Administration to issue an RFQ for a Construction Manager at Risk (CMR) firm to provide pre- construction services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the Par 3 Golf Course Project. RFQ No.41-1 0/11 was issued on July 19, 2011 and QGS Development (QGS) submitted their proposal and were interviewed along with four (4) other CMR firms. On August 19, 2011, the selection committee unanimously ranked QGS as the top-ranked firm. Pursuant to the former City Manager's recommendation, on October 19, 2011, the Mayor and City Commission approved Resolution No. 2011-27791, authorizing the Mayor and City Clerk to execute a Pre-Construction Services Agreement with QGS. These services included: review of project requirements, existing on-site conditions, preliminary budget, project scheduling and phasing, value engineering; and submission of constructability recommendations to the consultant. Per the requirements of the contract, the CMR, coordinates with the ArchitecVEngineer team and the City, the issuance of bid documents to a pre-approved list of subcontractors to obtain the pricing in order to develop the GMP. On September 27, 2013, QGS held their subcontractor bid opening at the Capital Improvement Projects (CIP) Office in the presence of representatives of the City's CIP office, and consultants, McCumber Golf Inc. (McCumber) and Kobi Karp Architecture and Interior Design (Kobi Karp). The bids were evaluated and thoroughly reviewed to insure that they encompassed the full .scope of work. The GMP was formulated based on the lowest responsive bid for each element. The GMP was then negotiated with the CMR to obtain the best possible price based on the specified project scope. Following a number of discussions, evaluation of value-engineering (VE) options, analysis of constructability recommendations, and negotiations, QGS submitted the final negotiated GMP proposal in the amount of $4,227,898 (Exhibit A). The GMP Amendment No.1 (Exhibit B) reflects the proposed amount of $4,227,898, and a five percent owner's contingency in the amount of $211,395 for a total of $4,439,293. In order to obtain further assurance that the best value for this project had been negotiated, the City contracted CMS Estimating Services (CMS), a consultant retained under the City's Constructability, Cost & Value Engineering Review Services contract, to perform an independent construction cost estimate. The estimated construction cost as submitted by CMS is $4,246,678 (Exhibit C). This project was initially approved in the FY 2007/08 Capital Plan with a construction budget of $2,954,000. The original scope of work included the renovation of the existing golf course, greens, tees and bunkers as well as irrigation and drainage systems. As the project progressed and as requested by the Commission, several items were added or modified from the original scope. On June 9, 2010 Resolution No. 2010-27407 (Exhibit D) and on June 1, 2011, Resolution No. 2011-27677 (Exhibit E) the City approved and adopted the final scope of work as being, a 9 hole Par 3 golf course and lake system; restroom building; a 2,000 square foot splash pad; a 6,000 square foot tot lot; four (4) asphaltic concrete tennis courts and nine (9) parking spaces. In addition, the City requested that the project include a connection of the existing storm drainage located on Prairie Avenue and the Par 3 property to the lake system for emergency overflow; that the starter shack be included in the approved GMP and not as an 716 Commission Memorandum -QGS Development GMP for Par 3 Golf Course Project January 15, 2014 Page 3 of3 alternate; the three (3) month turf grow in period be performed by the CMR; and that a permanent fertigation system be provided. This additional scope totals approximately $250,000. The administration is of the opinion that based on the scope of work identified in the documents the final negotiated GMP is a competitive, fair and reasonable price. The construction duration of this project has been negotiated at 273 calendar days (approximately 9 months) and it is anticipated that this work will commence in March 2014 (pending permit approvals). The anticipated Project Schedule for the construction of the Par 3 Golf Course is as follows: Commission GMP Award: Notice to Proceed Number One: Notice to Proceed Number Two: Project Completion: January 15, 2013 February 2014 March 2014 December 2014 Parks and Recreation Department has prepared a five (5) year projection of the expenses associated with the operation and maintenance of the Par 3 Golf Course and its amenities. See attached Exhibit F. CONCLUSION The Administration recommends the approval of the attached resolution 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, dated March 20, 2012, for Construction Management at Risk Services for the Par 3 Golf Course project, in the amount of $4,227,898 and a five percent owner's contingency in the amount of $211,395, from previously appropriated funding and future budget appropriation at the January 15, 2014 Commission Meeting. Attachments: Exhibit A-QGS Development -Construction Management at Risk GMP Proposal Exhibit B -QGS Amendment# 1 Exhibit C -CMS -Third Party Estimate of Construction Costs Exhibit D -Resolution No. 2010-27 407 Exhibit E -Resolution No. 2011-27677 Exhibit F -Par 3 Golf Course Operating & Maintenance Expenses F:\T_Drive\AGENDA\2014\January\Par 3 Golf Course\Par 3 Golf Course -QGS GMP Approval -MEMO 112613 Revised Memo.doc 717 17502 County Road 672 • P.O. Drawer 108 • Lithia, Florida 33547 Phone: (800) 446-3326 • (813) 634-3326 • Fax (813) 634-1733 ESTIMATED SCHEDULE OF VALUES FOR Miami Beach Par 3 -100%, Bid #3 October 10, 2013 Golf Course Plans dated -August 7, 2013 -100% Amenities Plans dated· September 3rd, 2013 • Permit Set QGS Development, lnc. Page 1 of 7 718 EXHIBIT A Odoberl, 2013 2. Site W ork!Dcmo 2 3 Tree Protection Fence (6' CL) Tree Protection (Orange Fence or Equal) NPDES Compliance/Silt Fence, Turbidity Barrier& Inlet Protection 3. Potable Water 3,900 If $ 2.89 $ 11,271.00 2,055 lf $ 2. I 8 $ 4,479.90 Is $ 25,531.82 $ 25,531.82 Total $ 41,282.72 ea $ 19,574.55 $ l 20" x 6" Tapping Sleeve & Valve 1 19,574.55 lf $ 78.45 $ 2 6" DIP WM Wrapped & Restrained 80 6,276.00 ea $ 15,570.00 s Is $ 8,027.27 $ 4 6" Fittings 1 8,027.27 S 6'' Gate Valve 1 ea $ $ 6 Temporazy Blow-offs 1 ea $ 1,009.09 $ 1,009.09 7 4'' Irrigation Meter w/City Fees 1 ea $ 12,445.45 $ 12,445.45 8 8'' x 2" Tap & Corp Stop 1 ea $ 5,230.00 $ 5,230.00 9 2" Poly w/3" Casing ea $ 3,422.73 $ 3,422.73 10 2" Meter & BFP w/City Fess ea $ 11,581.82 $ 11,581.82 11 Cut and replace road ea $ $ 12 Remove & Replace Sidewalk & Curb Is $ $ 13 Remove & Replace Sod 1 Is $ $ 14 1 ea $ $ 15 1 ea $ $ 16 1 ea $ $ Total $ 83,136.91 4. Sanitary Sewer ea $ 71,570.91 $ 1 Pump Station as Designed 1 71,570.91 ea $ 2,143.64 $ If $ 39.21 $ 3 4" C-900 Gravity Sewer 101 3,960.21 ea $ 845.45 $ ea $ 4,986.36 $ lf $ 11.17 $ 6 3" Force Main 17 189.89 7 Remove & Replace Sidewalk & Curb Is $ $ 8 Disassemble & reassemble Bus Stop ls $ $ Total $ 84,541.91 5. Streets 1 l I/2" S-l Asphalt-Parkin_gLot 475 sy $ 13.00 $ 6,175.00 2 8" LR Base-includes under curb 600 sy $ 13.67 $ 8,202.00 3 12" Stabilized Subgrade 637 sy $ 7.66 $ 4,879.42 4 TypeD Curb 292 If $ 15.98 $ 4,666.16 5 Gutter & Driveway 507 sf $ 10.65 $ 5,399.55 6 4" Sidewalk w/color 3,813 sf $ 2. 77 S 10,562.01 7 Truncated Domes 7 loc $ 150.00 $ 1,050.00 QGS Development, Inc. Page 2 of7 October 2, 20 lJ 719 5. Streets (Cont.) •.••. ·.:)i.'·. · .. ·; i: · ·· ·. ·. · ':J~:"Qll!illti~I; 'fU : ···.~y··:·~:·~1)b~i!t:~~tf(*;·: •·tfH.r:r6m;:r::J::'·· 8 Signage & Striping 1 ls $ 1,000.00 $ 1,000.00 9 Demolish Sidewalk & Curb 1 Is $ 1,140.91 $ 1,140.91 10 I" S-3 Asphalt-Jogging TraiJ 1,412 sy $ 13.71 $ 19,358.52 11 6" LRBase 1,883 sy $ ll.ll $ 20,920.13 12 12" Compacted Subgrade 2,118 sy $ 6.95 $ 14,720.10 13 5' x 4" Sidewalk w/color 3,490 sf $ $ 14 8' x 4" Sidewalk w/color 1,600 sf $ 3.86 $ 6,176.00 15 IO' x 4" Sidewalk w/color 12,261 sf $ 3.86 $ 47,327.46 16 Sigt1age & Striping 1 Is $ 1,000.00 $ 1,000.00 17 Truncated Domes loc $ 320.00 $ 320.00 Total $ 152,897.26 6. Earthwork 1 Lake Excavation 28,500 cy $ 2.14 $ 60,990.00 2 Lake Bank Shaping 1 Is $ 954.55 $ 954.55 3 Spread Fill, Rough Grade 1 Is $ 5,181.82 $ 5,181.82 4 Shallow Pipe Pad Allowance 500 sf $ 11.90 $ 5,950.00 Total $ 73,076.37 7 D ' rain age •i< •.. ~·~~ . J~).,;':t;;:·::.~;:.f?:. .· 'fi~~Jii~ti~·~~·if'>··;~J~'·· ... ,;;·:,·: ·.•·· ..;,::ft·~··."::i;);ij~~tfitYH·~,;' ~;"~~~.:~. ,;i*i!ifr~i~c:e::Jrm . :~~1!~~i i :' (:fo~ff~' c;c·.~f·E · 'ltem Total ~:~~::;,~f~.: 1 4" HDPE 81 If $ 45.33 $ 3,671.73 2 6" HDPE 103 If s 46.25 $ 4,763.75 3 8" HDPE 57 If $ 47.98 $ 2,734.86 4 10" HDPE 59 If $ 49.53 $ 2,922.27 5 12" HDPE 31 If $ 64.68 $ 2~005.08 6 15'' HDPE 111 If $ 67.48 $ 7,490.28 7 18" HDPE 954 lf $ 69.46 $ 66,264.84 8 24" HDPE 180 lf $ 78.02 $ 14,043.60 9 36" HDPE 119 lf $ 101.14 $ 12,035.66 10 Valley Inlet 2 ea $ 8,772.73 $ 11,545.46 11 12" Basin 6 ea $ 5,400.00 $ 32,400.00 12 15" Basin 1 ea $ 5,636.36 $ 5,636.36 B 18" Basin 2 ea $ 8,954.55 $ 11,909.10 14 Construct New Inlet S-15 1 ea $ 12,572.73 $ 12,572.73 15 Yard Drains 7 ea $ 9,250.00 $ 64,750.00 16 Manhole 1 ea $ 7,840.91 $ 7,840.91 17 Control Structure CS-11 1 ea $ 13,804.55 $ 13,804.55 18 Control Structure CS-05 1 ea $ 13,645.45 $ 13,645.45 19 Rubber Check Valves 3 ea $ 9,281.82 $ 27,845.46 Exfiltration Trench w/filter cloth, stone & 20 perforated 15" HDPE 48 lf $ 225.45 $ 11},821.60 Exfiltration Trench w/filter cloth, stone & 21 perforated 18" HDPE 40 lf $ 257.27 $ 10t290.80 22 Rip Rap 8 loc $ 2,727.27 $ 21,818.16 7. Dramage (Cont.) QGS Dtvelopment, Inc. Page 3 of7 October 2, 2013 720 23 Root Barrier 260 lf $ 19.54 $ 5,080.40 24 Root Prune 200 lf $ 17.73 $ 3,546.00 25 Demo Drain Pipe 445 If $ 75.88 $ 33,766.60 26 Demo Drain Structure 3 ea $ 4,000.00 $ 12~000.00 27 Temporary Pipe Plug 1 ea $ 5,909.09 $ 5,909.09 28 Clean Existing 12" RCP 1 Is $ 4,000.00 $ 4,000.00 Total $ 437,114.74 8 Golf Course >Item .... : '\,.·. ;~~~,,~.~-2k;'<"~;;MDescription. ,. ' <iJ;;: .• . :. ' . •·· ;:::?; :?:.~J.;'~ ·'" ?Jlual'dity.1r:~ •. · ··~~~t: .. ti~~~,.Unit;:[Jtjce:{J~];t 1 .·~:':;'; l]ital::~;~·· : 1 Round-Up/Rotovate 20 ac $ 1,045.45 $ 20,909.00 2 Rough Shaping 1 ls $ 23,390.91 $ 23,390.91 3 Greens Construction 42,317 sf $ 3.29 $ 139,222.93 4 Tee Construction 45,850 sf $ 0.14 $ 6,419.00 5 Bunker Construction 11,750 sf $ 0.95 $ 11,162.50 Drainage $ - 6 4" Perf 625 If $ 8.73 $ 5,456.25 7 4" Solid 845 If $ 4.99 $ 4,216.55 8 6" Solid 1,177 If $ 13.16 $ 15,489.32 9 8" Solid 485 ea $ 15.81 $ 7,667.85 10 12" Solid 360 ea $ 22.85 $ 8,226.00 11 12" In-line Drains 23 ea $ 540.91 $ 12,440.93 $ - 12 Irrigation Pmnp Station/Wet Wel1!Intake/Slab 1 ls $ 248,076.36 $ 248,076.36 13 Pump House 1 ea $ 73,073.18 $ 73,073.18 14 Irrigation System Golf Course & LandscatJe 1 ls $ 380,65l.l4 $ 380,651.14 15 Fertigation System & Containment Area 1 Is $ 22,310.00 $ 22,310.00 16 Finish Shaping 1 Is $ 22,735.00 $ 22,735.00 Grassing & Amendments $ - 17 Sprig Greens -Platinum Paspalum 42,317 sf $ 0.37 $ 15,657.29 18 Sprig Tees-Platinum Paspalum 45,850 sf $ 0.33 $ 15,130.50 19 Sod -Platinum Paspalurn 235,000 sf $ 0.56 $ 131,600.00 20 Sod-St Augustine Palmetto 26,700 sf $ 0.50 $ 13,350.00 21 Grow-In 3 mth $ 20,000.00 $ 60,000.00 Total $ 1,237,184.71 9 Landscape-Golf Course 1 Cabbage Palms 26 ea $ 250.00 $ 6,500.00 2 Mahogany 2 ea $ 250.00 S 500.00 3 Green Buttonwood 21 ea $ 225.00 $ 4,725.00 4 Hong Kong Orchid 3 ea $ 200.00 $ 600.00 5 Orange Geiger 3 ea $ 200.00 $ 600.00 6 Frangipani 3 ea $ 300.00 $ 900.00 7 Wild Tamarind 3 ea $ 200.00 $ 600.00 8 Simson's Stopper 3 ea $ 275.00 $ 825.00 9 Trumpet Tree 3 ea $ 200.00 $ 600,00 9. Landscape -Golf Course (Cont.) QGS Devdopment, Inc. Page 4of7 October 2, 2013 721 ·Item . :;;: :;.:/,!:'\~i?.; : :ri'Deseription :.': ::::·:.: ''·:, :: ,,.· :·.;(. :•,QuantitY·!·"······· .. : ;:!':::. . ;;:r;i•h .Uilt Pric¢:.':':,~ ::.;:/::~H~; Tolhl;;,~~·.···. 10 Paradise Tree 3 ea $ 250.00 $ 750.00 Tree Total $ 16,600.00 $ - 11 Coontie 260 ea $ 10.00 $ 2,600.00 12 Red Tip Cocoplum 345 ea $ 7.00 $ 2,415.00 13 Sea Grape 95 ea $ 7.00 $ 665.00 14 Dwarf V ar. Schefflera l95 ea $ 7.00 $ 1,365.00 Shrub Total $ 7,045.00 $ - 15 Evergreen Giant Lirope 935 ea $ 4.00 $ 3,740.00 Ground Cover Total $ 3,740.00 $ - 16 Muhly Grass 5,770 ea $ 2.00 $ 11,540.00 17 Faxahatchee Grass 520 ea $ 4.00 $ 2,080.00 18 Sand Cordgrass 5,560 ea $ 2.00 $ 11,120.00 19 Seashore Dropgrass 3,195 ea $ 2.00 $ 6,390.00 Grass Total $ 31,130.00 $ - 20 Mulch -Melaluca 1,232 cy $ 28.00 $ 34,496.00 Mulch Total $ 34,496.00 $ - 21 Spike Rush 520 ea $ 3.50 $ 1,820.00 22 Soft Rush 890 ea $ 3.50 $ 3,115.00 Aquatic Total $ 4,935.00 $ - 23 Tree Relocate -Average 37 ea $ 586.74 $ 21,709.38 Tree Relocates Total $ 21,709.38 $ - 24 Tree Removal-Average 35 ea s 550.00 $ 19,250.00 Tree Removal Total $ 19,250.00 $ - Total $ 138,905.38 9 A L d . an scape-Amemhes , Item . :~,,,,>J:,,;:: ··•:•Description ··:• .. . ' ·.·: ':.'' .. •i: :QuantitYi.:•.·· '· :':· .. •'· u'··t Price, 2' .· <i(.< Tt)tal 'li:L /· · .. .. ..... m .· .. 1 Cabbage Palms 12 ea $ 250.00 $ 3,000.00 Tree Total $ 3,000.00 $ - 2 Coontie 80 ea $ 10.00 $ 800.00 3 Fire bush 90 ea $ 8.00 $ 720.00 4 Red Tip CocopllllD 300 ea $ 7.00 $ 2,100.00 5 Blue Plumbago 55 ea $ 8.00 $ 440.00 6 Horizontal Cocoplum 230 ea $ 14.00 $ 3,220.00 Shrub Total $ 7,280.00 $ - 7 Blueberry Flax Lily 65 ea $ 4.00 $ 260.00 Ground Cover Total $ 260.00 $ - 8 MuhlyGrass 60 ea $ 2.00 $ 120.00 9 Faxahatchee Grass 50 ea $ 4.00 $ 200.00 10 Sand Cordgrass 25 ea $ 2.00 $ 50.00 Grass Total $ 370.00 $ - 11 Mulch -Melaluca 80 cy $ 28.00 $ 2,240.00 Mulch Total $ 2,240.00 $ - 12 Tree Relocate 13 ea $ 400.00 $ 5,200.00 Tree Relocates Total $ 5,200.00 $ - Total $ 18,350.00 10. Amenities QGS Development, Inc. Page 5 of7 October 2, 2013 722 ··Item: i .. t~; .·,::!;;: ·. ,,c;::JDescrlption••····' .. ··:'·!: . ·A··>•·' • ·-····.• QuantitY ~, .. I H'c ?~-::'."tuuit:Pricei· if .•;,_::,• .. ··, r.fotali:fl:l·.:··· .. ::~:~~' ;, :<:••·. ''"•·L. . .. .· ~., ___ ;;_,--~· l Tot Lot w/shade, benches, Etc Play Ground Eqpt and Related Work 1 Is $ 205,362.50 $ 205,362.50 I Ox I 0 Shade System 2 ea $ 5,018.27 s 10,036.54 2lx28 Shade System l ea $ 12,132.18 $ 12,132.18 36x50 Shade System 1 ea $ 26,498.36 $ 26,498.36 Handicap Picnic Table 1 ea $ 1,859.20 $ 1,859.20 Picnic Table 1 ea $ 1,733.07 $ 1,733.07 Trash Receptacle [ ea $ 1,858.46 $ 1,858.46 Park Benches 5 ea $ 1,676.57 $ 8,382.85 Concrete area for entry/picnic area 500 sf $ 4.91 $ 2,455.00 Aluminum Fence and Gate 309 If $ 42.05 $ 12,993.45 2 Splash Pad w/shade, benches, Etc Splash Pad and Eguipment I ls $ 364,580.00 $ 364,580.00 10x20 Shade System 2 ea $ 8,523.86 $ 17,047.72 Trash Receptacle 2 ea $ 1,858.46 $ 3,716.92 Park Benches 5 ea $ 1,676.57 $ 8,382.85 Aluminum Fence and Gate 231 If $ 43.73 $ 10,101.63 $ - 3 Restroom/Pump Room 1 ls $ 241,646.50 s 241,646.50 4 Starters Shed 1 ls $ 43,327.27 $ 43,327.27 5 Electrical $ - Street light relocation (2) 1 ls $ 18,900.00 $ 18,900.00 Site Electrical 1 ls $ 99,502.00 $ 99,502.00 6 Tennis Courts 1 Is $ 145)751.76 $ 145,751.76 Total $ 1,236,268.26 SUMMARY QGS Development, Inc. Page 6 of7 October 2, 20IJ 723 l. General Conditions $ 246,808.56 2. Site Work/Demo $ 41~282.72 3. Potable Water $ 83,136.91 4. Sanitary Sewer $ 84,541.91 5. Streets $ 152,897.26 6. Earthwork $ 73,076.37 7. Drainage $ 437,114.74 s. Golf Course $ 1,237,184.71 9. Landscape-Golf Course $ 138,905.38 9.A Landscape -Amenities s 18,350.00 10. Amenities $ 1,236,268.26 Project Total $ 3,749,566.82 11. CM Fee@ 9.00°/o $ 337,461.01 12. Allowance for Permit $ 100,000.00 13. Bond & Insurance @1.00% $ 40,870.00 Subtotal with Fee, Bond, and Insurance $ 4,227,897.83 14. Owner's Contingency @ 5.00% $ 211,394.89 Estimate Grand Total $ 4,439,292. 72 Deductive Alternates 15. Starter Shack $ 47,660.00 16. Pipe/Structure from Prairie Avenue (PWD. Req.) $ 100,148.60 PROPOSAL CLARIFICATIONS 1. ftems not included: permanent signs, golf course accessories and set up Clarifications: 1. This proposal is based on the existing TOPO on the plans being accurate within+/-0.2 feet at any given location. TOPO verification may be required prior to final contract. 2. No 12" excavate and mix added to landscape areas of golf 3. Splash Pad Equipment-Rain Drop 4. SPECIAL NOTE: Perimeter White Decking is quoted with Original Mortex Kool Deck. If Tuff Coat is required, ADD $3,600.00 QGS Development, Inc. Page 7 of7 October 2, 2013 724 EXHIBIT B GMP AMENDMENT No.1 GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT N0.1 TO THE AGREEMENT FOR PRE- .CONSTRUCTION SERVICES BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND QGS DEVELPOMENT, INC., FOR CONSTRUCTION MANAGER AT RISK SERVICES PURSUANT TO RESOLUTION NO. 2011-27791 ENTITLED 11 CONSTRUCTION MANAGEMENT AT RISK PRE- CONSTRUCTION SERVICES FOR THE PAR 3 GOLF COURSE RENOVATION PROJECT. THIS GMP AMENDMENT N0.1, made and entered into as of this __ day of. _____ . ("GMP Amendment No 1") amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA (also, City) and Construction Manager, QGS DEVELPOMENT, Inc., (hereinafter Construction Manager or CM), made as of the day of , for the following described Project: Par 3 Golf Course 2500 Pinetree Drive Miami Beach, FL, 33139 WHEREAS, the Owner and the CM have agreed to amend the Agreement in the manner set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the Owner and the CM do hereby agree as follows: 1. This GMP Amendment No. 1 is executed in connection with, and is deemed to be part of the Agreement and the Contract Documents. Wherever the terms of this GMP Amendment No. 1 and the terms of the Contract Documents are in conflict, the terms of this GMP Amendment No. 1 shall govern and control. The terms used herein, unless otherwise defined in this GMP Amendment No. 1 shall have the meanings ascribed to them in the Contract Documents. 2. The following are hereby incorporated into the Contract Documents and made part thereof: a. The construction documents listed on Attachment I, GMP Amendment No.1, attached hereto, which are made a part of the Contract Documents by this reference (the "Construction Documents"); and b. The specifications listed on Attachment II, GMP Amendment No.1, attached hereto, which specifications are made a part of the Contract Documents by this reference (the "Specifications"/; and c. Those documents listed on Attachment Ill, Additional Contract Documents. refer to the executed pre-construction services agreement, attached hereto, are made a part of the Contract Documents by this reference; and d Those documents listed on Attachment IV, GMP Amendment No.1, GMP Book 725 inclusive of CM's Proposal, Qualifications and Assumptions attached hereto, are made a part of the Contract Dacurvents by this reference; and e. Those documents listed on Attachment V, GMP Amendment No.1, the CM's Salary and Wage Schedule attached hereto, are made part of the contract Documents by this reference; and f. The Scope of the Work for the Par 3 Project, contemplated in this GMP Amendment No.1, and as described in Attachment I, GMP Amendment No.1, is hereby incorporated into the Work; and g. The Project Schedule wfll be provided for this Project and is set forth on Attachment Vl- GMP Amendment No.1, attached hereto, are made a part hereof by this reference; and h. The CM's Onsite Management and Supervisory Personnel for this Project shall be set forth herein, and incorporate.d as Attachment VII to this Agreement. i. The date of Commencement for the construction of the Par 3 project in this GMP Amendment No.1, shall commence upon the issuance of Notice To Proceed (NTP} # 2, by the parties hereto (the "Date of Commencement"). j. The CM shall achieve Substantial Completion of the Work for the Par 3 project as contemplated in this GMP Amendment No.1, no later than 243 calendar days from the issuance of NTP # 2, the Date of Commencement (the "Contract Time''), and Final Completion, not later than thirty (30) calendar days from the date of Substantial Completion. Failure to meet either the Substantial Completion or Final Completion dates shall be a material breach of this Agreement and liquidated damages will be assessed thereinafter. k. Upon failure of the CM to substantially complete the Work contemplated in this GMP Amendment No.1, within the specified period of time, plus any approved time extensions, CM shall pay to the City the sum of S1 ,000 for each calendar day after the time specified in subsection 2U) of this Amendment. L The Guaranteed Maximum Price (GMP) for the Scope of Work contemplated in this GMP Amendment No.1, for the Par 3 project, is hereby guaranteed by the CM not to exceed the sum of $4,227,898. (GMP Amendment No.1), based upon the entire Scope of the Work as described in the Contract Documents, as amended herein, and including, but not limited to, the Construction Documents and the Specifications, subject only to additions and deductions by Contract Amendment(s) or Construction Change Directive, as provided in the Contract Documents. The GMP for GMP Amendment No.1 is more particularly itemized in the Schedule of Values prepared in accordance with the terms of the Agreement, which Schedule of Values is attached hereto as Attachment VIII-GMP Amendment No.1, and made a part of the Contract Documents by th1s reference Included in the Schedule of Values and specifically identified herein, the Owners' 2 726 Contingency as defined in Article 1.19 of the Pre-Construction Services Agreement is in the amount of $211,395. m. Should the CM realize any savings from the negotiated Schedule of Values, incorporated as Attachment VIII, the City shall receive 75% of said savings with no line item integrity. The City reserves the right to audit any and all contract related documents at any time during the Project and at the end of the Project. n. The CM shall provide Commercial General Liability Insurance, Automobile Liability Insurance, Worker's Compensation Insurance, and Builder's Risk Insurance, in compliance with the provisions of Article II, Insurance and Bonds of the General Conditions of the Contract for Construction. o The CM shall provide the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond, in compliance with the provisions of Article II, Insurance and Bonds of the General Conditions of the Contract for Construction. p. By executing this GMP Amendment No.1, the CM acknowledges that it has ascertained and verified all existing underground utilities and has coordinated all correct locations for points of connection for all utilities, if any, required for this Project and has identified all clarifications and qualifications for this Project, if any. Utility Locations shall be identified by the CM and all existing utility connections will be capped as needed, as noted in the Qualification and Assumptions Statement. q. To the extent that the Owner has authorized the CM, in writing, to perform the Work contemplated in this GMP Amendment No.1, for this Project with the CM's own forces, the salary and wage schedule for the CM's personnel performing such portion of the Work, agreed upon by the City and the CM, shall be as set forth on Attachment V-GMP Amendment No.1, attached hereto, and is made a part of the Contract Documents by this reference. The CM warrants and represents that the salary and wage schedule includes the comparable market rates (including any and all benefits, contributions and insurance) charged by the CM for comparable contracts to other business and individuals for similar services, and that such rates are not higher than the standard paid for this Project (Par 3). r. Except as expressly provided herein above all of the terms, conditions, covenants, agreements and understandings contained in the Pre-Construction Contract Documents (and as may have been amended pursuant to GMP Amendment No.1), shall remain unchanged and in full force and effect, and the same hereby expressly ratified and confirmed by the City and CM. s. This GMP Amendment No.1 may be executed in several counterparts. each of which shall be deemed an original but all of which shall constitute one and the same instrument 3 727 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: Rafael Granado, City Clerk ATTEST: By: Jacqui Gardner Contract Administrator THE CITY OF MIAMI BEACH Philip Levine, Mayor CONSTRUCTION MANAGER/ QGS Development , Inc. 17502 County Road 672, (P.O. Drawer 108 Lithia, FL 33547) Lithia, Fl 33547 Jim Armstrong, Assistant Vice President Florida Contractor License: CGC 1512412 By: Jim Armstrong Assistant Vice President APPROVED AS TO FORM & LANGUAGE FOR ECUTION 728 4 ATTACHMENT I ATTACHMENT II ATTACHMENT Ill ATTACHMENT IV ATIACHMENTV ATTACHMENT VI ATTACHMENT VII ATTACHMENT VIII Par 3 Golf Course 2500 Pinetree Drive Miami Beach, FL. 33139 GMPAMENDMENT N0.1 CONTRACT DOCUMENTS: THE CONSTRUCTION DOCUMENTS-Plans DATED 08/7/2013-Par 3(McCumber) and 9/3/2013 Par 3 Amenities(KobiKarp) CONTRACT DOCUMENTS: THE SPECIFICATIONS Par 3 Golf Course I Par 3 Amenities CONTRACT DOCUMENTS: EXECUTED PRE-CONSTRUCTION SERVICES AGREEMENT DATED MARCH 20, 2012 (INCLUSIVE OF GENERAL CONDITIONS DATED MARCH 2011). CONTRACT DOCUMENTS: GMP PACKAGE CONTRACT DOCUMENTS: CONSTRUCTION MANAGER'S SALARY AND WAGE SCHEDULE CONTRACT DOCUMENTS: PROJECT SCHEDULE (TO BE SUBMITTED FOR APPROVAL UPON ISSUANCE OF NOTICE TO PROCEED NO. 1) CONTRACT DOCUMENTS: ONSITE SITE MANAGEMENT AND SUPERVISORY PERSONNEL CONTRACT DOCUMENTS: SCHEDULE OF VALUES 729 5 EXHIBIT C CONSTRUCTION MANAGEMENT SERVICES, INC. 10 Fairv.<.~y Driw • Suite :)01 • D{'t>rfi~;>ld BPa<h. Honda ;~1+Jl • 9:3-J--t.'{J-1611 • FA.'\ 95-4-127-:31--l-2 MIAMI BEACH CAPITAL IMPROVEMENTS CITY OF MIAMI BEACH PAR 3 GOLF COURSE 100°/o SUBMITTAL COST ESTIMATE October 1, 2013 PREPARED FOR: CITY OF MIAMI BEACH PREPARED BY: CMS-CONSTRUCTION MANAGEMENT SERVICES, INC. CMS FILE # 2126 Quantity Surveyors • Construction Managers 730 ::-...;-· -·-r~-..~-, . -~--{ CMS-Ccnstructlcm Management Services, Inc. 10 Fairway Ori>te, Suite 301 Oeeriltttd Baach, Fl33441 9~81-1&11 CMS FILE# 2126 MIAMI BEACH CAPITAL IMPROVEMENTS CITY OF MIAMI BEACH PAR 3 GOlf COURSE 100% SUBMIIT AL COST ESTIMATE October 1, 2013 PREPARED fOR: CITY OF MIAMI BEACH MAIN SUMMARY DIVISION i DESCRIPTION I AMOUNT %of TOTAL f----! -.. ·---···-" . . _____ J_ ....... __ Q.1Q9L~§j::NERf:\.!:..t::ONDITIONS ! $ 519,622.00 ............ g~4% ~-.~~:~---.~.~·~~~~~·!·~.~0~~:-~· .. ·~~ ·~::~~~:_=··-=ri·~:::_ -~~·5:~::~~~~-j-· --. -3~:~!~- 04000 ! MASONR'( ___ ·-~ .......... _ .•.• ~---r~-----._1_~,903.53 ~ .. . ... 9dlli 05000 'METALS S 2,920.00 • 0.07% -ooooo --iWaori'ANoPLAsrlcs -$·-· 3ao.oo i a.o.t% b~~~r=·Fo~~~~A~~~~~~~~{fillJ~.~li()N -~i~}-~ ........ -~~·:~---·· -~~-~-~~ o9ooo. ~INISH'E8--~ ~~ ·-~-----~~~-1 s~-~·-~ .. 28~99:.92 ! ... o.e7% 1 0000 ,:r:S::_P.=E::-.C,._IA,L,_,_T,I E,Sc.c/_,S"-'IG::c.cN:::.A.:.::G~E=-----.... ·~-~-·-~ ·~--+~~$:__.._ 7,353.0_()_~ 0.17% --~-0 [s_gytPMENT (N/A) __________ .J_ _ _ 1.?,QOQ iEYBNJSHINGS (NI~L ·-··--;.s __ ........ ____ ---~--···--·0.00% _ J~.QQO iSP§CIAL CONSTRUCI!Qt::L .....•• _ •. . i .L ... _2.9{)"()()~, .. .Q,__OO% l4QQO _1CONVEYING SYSJ_E..M?<N~~L '$. __ .. __ ------~-~----· ...... o.OO% ... ?~QOO ;pt,~M!:l!~~---···· ... -~----··~-J.!.. . .... §9&?b40 ·~-------:!_.43% 23000 tH_V_Ag __ ·~-.. _ --·--~_1 .. $$~ .· ..... 1..827~_t;l_j __ ~--.!),.1J~ 260()0 {ggQ!_RlCAL 1$ . . lQ().§lQ~~-~ ·---.. .. 2,_37% 31000 'EARTHWORK__________ ~~--;_.::!'S: .. _ -----·--.••..... ---0.00% 32000 • EXTERIOR IMPROVEMENTS 33000 UTILITIES 3.00% 5.00% :sUBTOTAL IG:~~-~~~~~~o--·· t~t,LE!_TOT A'=-._ ,G.C. PROFIT _§l,l!~IQTAL ... ~-··-..... ~ .. 1.29% BOND TOTAL PROBABLE CONSTRUCTION COST Is ' !$ 1.081,.187 .. 11 ... ". •·· 325,435.33 25.60% 7.66% ······-·~-i . 3.840, O?j. 70_L-~---90.43% 2.71% 115.202.24! I s 3,sss,276.94 : '····-~ -~---¥"~·~--+·. ' s 237,316.62 I s 54,084.46 $ 4,246 678.02 731 ..... ··-·· §!3Jj% 5.59% •...... ~B 73~/o 1.27% 100.00% Page 1 en OMS ION DESCRIPTION CMS-ConstructioA Management Servk:es, In~. 11) Fairway Drive, Sulta 301 Dee-rl!ekl B&a.ch, Fl ~3441 9~81-Hi11 CMS FILE 1t 2126 MIAMI BEACH CA!'ITAL ll\IPROVEMENTS CITY OF MIAMI BEACH PAR l GOLF COU~SE 100'11. SUBMmAL COST ESTIMATE 04tQbe1' , • 2013 PREPARED FOF!: <:tTY OF MIAMI BEACH SCHa)ULE OF VALUES SITE RESTROOM/PUMP ROOM AMOUNT %of TOTAL AMOUNT %otTOTAL STARTER SHACK AMOUNT ~of TOTAL plQQL. ~E1'is~1. CO@IJIONS __ _ 47a,395.65 . -~1~~~ -~~,715.0L _ .. _ 12.24% .1121..1~~ __ 12.24% __ Q.~9.Qil__ .§JT.SWQ~LR"l!!QLITIQI'L __ --·~ _ _M-!9.'1:..11~!?.. ___ 39.,1J.~ .• ll.O.Q ____ O.OO'l'!! ____ ..MQ..f---Q.OO% 030\J.SL CONC~I§ ................... ----------..•. ______ QJlQ .. Jl .. OQ.'r! ...... MJi1f95 .. _1\1,~}% . __ !!,823.04 f.--. •. ........1§S'l';> _ 040~~ ~SONR'( ._Q_OO 000% 13535.53 _______ 4.77'>'o. _;p6B.Ql1 __ .. ~~·-2 p.Q.O.Q. _ M.U~\-.S ____ .. -----__ ·--··· _QQQ. __ Q.,l;I_Q~ .. l,~6Q.,OO ....... 051% _ .t.iSO . .QJ! -----· 2.74'jlo Q§Q<JQ _ WOOD AN):!£1!<3J[f;§___ 0 CO 0.00% OJl_Q _____ O_QQ.''>!. ---~---;!~CO ___ 0.58% _Q!.Q9() ... I!::!S.~!l6LJ.M9l~J11.BI;.PRQTEQI!9lL ____ . o,_9Q __Q,QQ!-1 ---~Q.ii~H~ ...... .fl.95% M1.166 Bl..Q~,.. _0<1000 DOORSAND':'IINDQWS. ___ Q_~Q_ ___ 0 00~ ____ JJ.202Q9_ --~~ ~ __ 1814% .. O~Q9Q._ f!t@HI;~ . Q.QQ_ --~-0-.Q.~o. .... 1§,~_8J.jl_ 9 1_25'§. 1,619.55 _ .. ~ J!lO_qo _ SPECIALTIES I SIGNAGE _ Q,_OQ. _ _ _0.00% ____ __I 203.00 f---.. ~.?\% ___ 150.00 _____ 0,_~~ 11(1qo .. !'O_I.:li,JIP~E_N.I__ _l;),fQ. __ ~ ____ .. _0,@. JL.O~ _ .... ~\Q.Q _____ Jl~11! ""goao FURNIS_H_I!!Q§~-------______ _j)J!Q ~---ll_.Q91! ~-_ILQQ.f-.----__QOO%:-.-~QQ.-.. 0.00% _ _:13009 _ _§f'ECIALQI)NSTRUCTION _____ _!)j)Q_ ---~. o.oo_ __ 0_._99"4. _1QQ.QQ._ _____ 035~ _J~OOO __ «_Qt:IYQIH9 :5:@TE1.,1S ---·-·--· ··-______ QQO ____ ll_,QQo/o _ _LQQ -· -~.00% O()Q ___ .. D.gq~ 22000 __ P.h.b!M!ill!G__ . _________ 3~60 00 ____ .....!Ulli 26.552.40 ..... J.9,QI~ ___ 230.0.Q_ __ . 0.43% ~--~--~ --· -·--____ Q.OO _,, ... ,QJ!9'! .. 22869Q_ •... QJ31% ],_§~-----4.77% -~Eill9Q ELECTRif_~---______ _ _ __ Ihlt!~1.~-. .1~ _ 24,09~_?. ______ 3.49% 4659.99 8 76'!1> _UQQ9 l;AR,THWOR!<: --·----·-----i!o99 _(),OQ',> O_,_O_Q .• __ O.Jl.Q1! O.QO_ --~~ 32000 Ej(TEJI;IQ...RIW"RQY§..i\,t_~~:r_$__ _ ___ .. .!.Q.Il?.J!cl!11 __ gr,~j';!. ... __ l]jl_Q _ .!L00%1----..... 9~QO 9~ r---!1~0()() UlJI,fiig_S_ ... ------~S.4JS33 &.32% 0,00 .9J!9~----000 ___ 000% t--- 300% SUBTOT~f,.. G.C OVERHEAD ----. .. . . . --3.1}~5,406.~ 100,062.20 .Ji.C._4:>'!i! ~ 2_5_M4!1.5Q ...... ~.!Jc43%1---4~>11_~.§7 9.~ .~U~TOTf:lt, 6 00% G. C. PROFIT ~f;!J.Qie4..... . . -·-· . 1,29% BONO TOTAL PR06ABLE CONSTRUCTION COST 2.71% 7.69&.45 2.71% 1,443.59 271% • 3,64j.@~_<!1__ --~c1£~ . 21!4,244Jl$ 2l!.4&1UJ 5.59% 15.854.70 . 3)!~-~/!§!S-~1'. ____ gJ,?.,H'!!>: 1--.!!.Ml&ll.M!ii. 49.793.44 1 27% 3,613.29 $3,909,750.41 100.00% 52113,712.94 732 93.14..~-4~,?_6~-~ ---. 93.14% 5.59% 98.7_3"(. 1.27% 100.00% 2.973.79 ~2,~~'M.. _,_.JI/E3% 677.73 1.27% $53,214.87 100.011% #; --------·· ··-·---- CMS--Construdion Management Services, Inc. 10 Fairway Drive, Suite 301 Deerfield Beach, Fl 33441 954-481-1611 CMS FILE# 2126 MIAMI BEACH CAPITAL iMPROVEMENTS CITY OF MIAMI BEACH PAR 3 GOLF COURSE 100% SUBMITTAL COST ESTIMATE October 1, 2013 PREPARED FOR: CITY OF MIAMI BEACH QUAliFICATIONS ITEM ····--1 ---------~·-··-···-·· ··------.. . .. ------------ .. L.'THIS COST ESTIMATE IS BASED ON_A STANDARD OPE~:~JO.J'.R.qf:_!:~~· .. ---·----·------ ~-'Gig_~B_A_!.._f:ONDITIONS IS SASED ON A ~-MONTH CONTR~CT.... .. .. .. ____ _ 3 jTHIS ESTIMATE IS BASED ON CITY OF MIAMI BEACH CAPITAL IMPROVEMENTS PLANS ]A_NQ ~PE.~If!C~IIO.f!I?Al]:Q 812812Q!_3__._ ... __ -------------.. __ . . ·-::- 4 ; Due to the present volatile nature of the construction market, construction material :cost could change substantially p_rior to construction. __ ~-____________ .. . s_L~!Igwa_r:~ce for Permits of $100,000.00 is induged in Gene~<JLQ.o_nditions. -~--~Impact. f.~es e:r_o!l1~rt,~!J~1y c;Jfllp3f1J'~.<Jtg~s:!'r;o 1'19T included. ·····-------· 7 _l~u.m1sh1119~ a'!9.~~Y.iPmentJs NOT included (ex~Q.t_~s nqt;o_cl),__ _ _____________ _ 8 !Asbestos abatement/ remoY<llls NOT included. -·r ---····-········--·-. --------------·-·-----· ·-----------~-------·-----------------------------.. . -~--.. ~'!Q__f>!li.ll! ab~temen1_[ r_~r1}9~al is NOT include~~ ___ _ _ _ ___ ---··· . . ----~~ 10 I Petroleum or contaminate abatement I removal is NOT included. -~~d§<?<:H~~sl!;r;_;~;~~:~r-~~QT~~~~~:-· ---~~::·:·---~--~~~:=-~-··---~---.. =~=-==------=- 11 ;Qff.:~itE!~to(89.E?J~ NOI_ir1clu~~~-_ . _ -~ ---·-----_ ... _ _ _________ _ ~}Jjg!J!. shift I overtime work is NOT_ included. __ 15 _ C~_tsal!! ba~_l:l_on work bei!1.9 p_!!rfO_!Il1_eddU!!ng r12rmaLb2urs. ___ ----· _..!§_}'~!>tingls NQI included.···------··------__ ·-------- ------··----- J~~pact fees .9!..9J~}~!':J~Iity CO!T.lPa~y c!:J~g_e~. ~-~.Ql inC!':J.~ed. __ . ... . .. ··-- 18 'Signalization is NOT included. _ ___ __ _ __ . . :ti_concrete slab over water JTl<lin per not~~ on PD·03_~_nQ! Lncluq~A .. (~-~D~ity unknovvn). __ 20 No fire_alar__m, securityfintrusion detecti9n §~~~m~;;~rE!inclu~~:!_c!. (none ~ownL__ _ _ 21 -~o lightning prot~igr\ ~Y§~ITL~~ i_n_~1_1ded. (none sho.vn) . 22 iF?Lo m~ter_?,ncl__w..£11~~ meter are not includ_ed,_ .. I 733 GENERAL CONDITIONS 734 GENERAl CONDITIONS CMS-CONSTRUCTION MANAGEMENT SER\IICES,INC. Cnnfidential CMS-Constructlon Manage~nt Services, Inc. # Description 10 Faif!Nay Drive, Su~te 3<11 Deerfield Beach, Fl J344t 954-481-1611 CMS FILE tJ 2126 MIAMI BEACH CAPITAL IMPROVEMENTS CITY OF MIAMI BEACH PAR 3 GOLF COURSE 10(}% SUBMITTAL COST ESTIMATE Octo bed, 2013 GENERAL CONDITIONS -----------.. . ..... --~-····-----------~--· ·-· ··-~·-·-.. ·---··-·-·-···-··· l'ilobilization -----------·-_1 __ iCoonect to Existing Power Service (FPL Connection) _____ .. _ _2 Temporary Meters_ConQ_~!_IQ_Existingf'owerSeNi~ -~ ~ iTemporaryWater Met(l!S & Connect to Exi~tirl_g §§lrvicEl ___ l _ _4 • Mobi!e_Q_ff_i<:e.Jf!!Obi~~~ion /sf~1!1P.Q~i~ti9r1l _ -·-···-'SUB:!q_T:c:..Al=--- -----· M_ll_!erials & Eq\Mpment . 1 ~il.!?.ti~~_§_g~mel}tl(!!fli!Jilcob} ____ ....... ___ _ _ 2 'Miscellaneous; True."<;. Crane. Uft. Backhoe-Rental 'Sus-TOTAL··· ------~-~---·¥-~----------- ... ~ $ Prepared by Gary Weinstein 101812013 735 j I -----. --'---j · -2oo.oo : ~~Q,Q~lr=-= .. -----·-r-·· .. 5,000.00 Page1 r---····--- $2.500.00; --~=;~~ s2.5oq.o.Q l ----~1 ·.:.~_------~~-= _S3.1.7_5_:9_Q.l ~f9.46~-~9' 52.600,00 -~-----·-- $35,188.99 ·-~ -~·~· _. .• '''"~~'f'""----... -· . ' •.• -· . _?_18QO.QQ_ ------ ?~..J~_Q,QQ, -. -.. ' $4,050.00 . ~~._990.00". . . $20,12500 -.. !~~125:0Q. Page 1 ol2 GENERAL CONDITIONS CMS-CONSTRUCTION MANAGEliiENT SERVICES, INC. Confidential CMS-Construction Management Sef'Vices, Inc. 10 Fairway Orire, StAte 30:1 Oe<!rfield Beach, A 33441 95-4-48 t -1611 CMS FILE# 2126 MIAMI BEACH CAPITAL IMPROVEMENTS ClTY OF MIAMI BEACH PAR 3 GOLF COURSE 100% SUBMITTAL COST ESTIMATE October 1, 2013 GENERAL CONDITI-ONS Page2 # Description ! Quantity I Unit Cost I Unit TOTAL COST I Sub·Total ·····-··--------~--~~ Construction Cleaning ~,:11Final Clean~p-, ... __ ~ ~itg Cleaning -~ .. ~ ...il~.!!l.(lii_~IIJu,'!l~t;!IS ;SUB-TOTAL TOTAL GENERAL CONDITIONS . ~--~, ' " ~-~ •• .,n----~ :::=========== '========; ~_7, QQ _L(lac:fs $20.3sii:oo =~:::::..======= Prepared by Gary W!l'inst&in 101812013 Page 2 af 2 736 SITE 737 DIVISION I , I 01 010~0 CMS-Construction Management Services, Inc. 'tO Fairway Drive, Suite 301 Deerfield Beach, fl 33441 954-481-1611 CMS FILE# 2126 MIAMI BEACH CAPITAL IMPROVEMENTS CITY OF MIAMI BEACH PAR 3 GOLF COURSE 100% SUBMITIAL COST ESTIMATE October 1, 2013 PREPARED FOR; CITY OF MIAMI BEACH SITE D~SCRlPTION I QUANTITY I UNIT I SIUNIT I I ! I I GENERAL CONOITIONS Ts 1----~---o,-,1-=-ooo=--~G""EN~E~RA-L-C-0-N-D-IT-10-N·-s-------·-·-. AMOUNT 478,395.65 02 02000 sr E WORK l s 1,540,713.12 J><!.<1QO. oom _ .-.!!9~J!!...~l9!!. ___ . --02io2~ . DEMOLITION .. -------·-·· -· -···.-,-..---------------.. -_____ ... _ ... ___ ......... ··-·-----.. -· •. ,:-'S":TRA='W......:B!:!A!::.!LE::OS~--·--·-__ _ TURSIOITY BARRIER · 2o-·--EA~i · · is,o11 _ ~ s-------~ ... ~-.: ~Q. ... _tf , ~7_50-~~--~ Prepared by Gar, Weinslein 1018/2013 Page 1 of 7 738 DIVISION I # I -----+ ! SITE DESCRIPTION I QUANTITY I UNIT I SI\JNIT 1 :--~~·._,;·-~·---"""" j ,_,-~,161 ; SF_ , .0.:11 .. S Prepar~d by Gary Weinstein 1 OJ8120 1 J 739 AMOUNT 1.650.00 1.431.00 ---954aa Page 2 of7 DIVISION # 1---------------- SITE DESCRIPTION , EXTRA LARGE CLUSTER SEA GRAPE 50FT D!A LC:I\~()PY ·--· _ . _.. . .. _ _ ___ _ __ EA j __ aoo.~ -~ j EXTRA LARGE SEAGRAPE (1 B lNCH SPLIT TRUNK) 40FT DjA CANOPY l EA i 800.00 iS ........ -MO_Y.'1N§!i3EES_orfsl}_¥ 6o~ sA.LL§___ __ ~:: ____ 3 _______ :~CADS ... 2.070'-~Q--~s. MUI'LE GRASS BLUE PLUMBAGO Prepar;;)d by Gary Weinstem 101612013 740 AMOUNT --· .. _ _I!Q90Q 800,!}0 ···· · q:2io~oQ 3,240.00 -·· ·2a§:oo 2,160.00 Page 3 ot 7 SITE DIVISION I I DESCRIPTION ····-·r·------------- 220000 PLUMBING _____________ PJ,_UMSIN_~SIJIL ______ • . -~2_1000 GENERAL CONDIT100S -... ----------------- 260000 ELECTRICAL .•. ···-··-..•• SITE ELECTRICAL ---····· ~~. ELECTRJCA:-:;-L:;,;G::_=.EN;:;:E"'RA::-:-:-L---- . ELECTRiCAL GENEAAL'COtJDITIQN~ 1 TRANSFORMER PAD ______ _ PUll BOX :DIRECTIONAL-BORE: 2 F?l SU-PPLIED (5") .CONDUITS I QUANTITY I UNiT I SJUNIT I AMOUNT i ·--....... ----· 2 l ------------1 31,960.00 Is 71,815.43 ·-----: --.---~--$--_-_ -_ s::-_ ~5 ... _<_-e . .,..~e'"'_ ·····-········ i l ----------·------ EA zso.aa -s---· _-oo([og ""E:"A" .... -94~-09 s ~5.00 LS 2.5$2.00 s 2.55200 Prepared by Gary Weinstein 1 011!/201 3 Page 4 ot7 741 SITE OIVISIOHI DESCRIPTION ! QUAHTilY I UNIT I SIUNIT l AMOUNT ------· ----·-.. --'----~--·-----·------.. --__ : -------------'-' --------l f--------· ------~=----D"P4oOA:~3?.4wtJ:iR--·--·----------·-.. --,--E"A--··s.12soo ~.L -~-3,!25oo_ METERCAN , 1 "E/\---~2."'20"-0''-"0'-"0'---''c-'$'----=2o;:,2~00"'-.0:.:0'-l ..... _ •suii?o~:r --.. -~:_:~=~·::=.=--~~~-:.:.~:-=~ ===~-L __ t_ · ·_·: EA =~· __ !,o!!-'o:.::o"-".o~o----''~$'-1,ooo.oo ___ -------t-----DISCONNECJ 400A 1 j__~ ___ ;M.99:QO $ 3,80000 I ::_--~~~~---=------·_:-_.~~:~::_-~-b~-I~h-------.. ----·-------'----2---~~-~~--:---;s,;j~--fL---~s,~oz.,7_~-s~o 32(100 $:2100 ---~--- 32790 "'"" --~ ·-.. -·-------·-·-----1 -- EXTERIOR IMPROVEMENTS IS 1,(!87,187.11 I PAVEMENT CURBING & SIDEWALK _____ j : i10 FT WIDE CONCRETE WALKS -t2Ji! ~-},I =----~50.00 S 63,500.00 1 8FT WIDE CONCRETE WALKS 175 ; LF : ~40!:.:-~00~_-_: !!..S _ .. _ .... _-.,.,·-=;~:oo~0-:;00;!-1 5FfWii5EcoN"cR"E""fE'WALKs· --j 555---tF-T" 26.sa _!__ __ __ ___!_1_~_!:,5_9_ 16 FT WIDE JOGGING TRAIL(ASPHALT PA VlNG :1.----r ------... --;--·----r----.- TYPES) 2.006 LF 4.80 _,$"------"-'9,"'63:.:::8:..;..40=-.1 12"COMPACTEifSUBBAS-E - -----29.-423 SF-: -OA9 --$ 1-4.417.27 ~~~67_(,1~~R.q(;K¥5t-~--.. - . ----------,-~=--:.:-:J6T23·----§E-~:~.=J&3_~u-·L._ 11,224.69 ~ILIENT SAFETY SURFACING . POURED 4" VITRITURF WEARING COURSE AT TOT .LOT ISEE TOT LOT PLAY EQUIPMENT ESTIMATE! Prepared by Gary WeinsleTn 10/8/2013 742 () SF O.DO PaiJe 5 of7 SITE DIVISION I I DESCRIPTION I QUANTITY! UNIT I SIUNIT -l AMOUNT POURED VlTRlTURF SASE MAT (SEE TOT LOT PLAY' CCC---·---·--co _EQUIP_t.IENT ESTIMA!I;L_ --------'~---L--;_;:_if O.CD $ .i 250.000.00 c._ .......... -···------·--c-····--·----·--~--------- --------------~-----------------·-· .. -----··-- ~~-=:~~: ··--J~g :~---RAINDROP s?i:ASHPi.[rtNSfA'CCA"iiONBill ___ . 1 .SPLt,$HJ'ADjTOTALAREAWATER2000SQF}'L -·--- WHITE CONCRETE PERIMETER PAVEMENT ----------:uLTRA TUFF ··------·----. ---. ---~-~~~==~-~---~~--~=-- -i SHOWER TOWER 6' 10"' HIGH wrfH''Pv'C-PiPEING-·-; • . ---·-----·-·-----------. ___________ .... ___________ ....,. __________ ....... , ...... -·--·-. -----.... __ _ _______ ___EI~---_, FR'Ai:!1E su~!:Q:~~9s81i!J~~AN0PIEs -~--~--• ~-cs· ·--j~l1~_69--~s--_-js-:71-4.61 . . .... ·----···.L--1 ··-------------, .. ·-~-----~-~-~ ~-·· ·--·-··· ' 33000 UTiliTIES s 325,435 33 33100 ORAlNAGE ··-· --. ------· .DEWATERALLo\t-<IANCE I-SHT CzOO 'EXF il TRA TION TRENCH. 1 a· 1-!DPE, -4'X w·-----··---·--··· :cATCHBft..Sn•i ·--. . ... --···-~'"'· ···,4~ADS'HDP·E·· 6•"1\oSHDPE------... -........ ··------·-· ~-If ADS HOPE ---:wAns-RDF>e .. ·; 12" ADS HDPE Prepare<! by Gary Weinst'"in 10/&'2013 Page 5 of7 743 SlTE DIVISlOitl I DESCRIPTION I QUANTITY I UNIT I $/UNIT I AMOUNT I I I I ! _____ j Prer;arad by Gary Weinstein 101812013 Page 7 of7 744 RESTROOM I PUMP ROOM 745 CMS-Constroctlon Management Services, Inc. 10 fairway Drive, Suite 301 Deerfield Beach, Fl33441 954-481-1611 CMS FILE# 2126 MIAMI BEACH CAPITAL IMPROVEMENTS CITY OF MIAMI BEACH PAR 3 GOLF COURSE 11i0% SUBMITTAL COST ESTIMATE October1,!!D13 CMS FILE# 2126 RESTROOM J PUMP ROOM (27' X 2S'i OMSlON I I DESCRIPTION I QUANTITY I UNIT I $/UNIT t AMOUNT I ! l 01 0100G GENERAL CONDITIONS I s 34,71501 T r-~···~--J .. ---. . ·----···-. ···---f--qlOOO __ GENERAL CONDITIONS --·-------1 ___ .,._ LS; _ _l_M,I1 . .?..Q.! __ ! ... L~·· _ _M.,?J.§.(L! ----t ---------~----~-------------· ---~---I -------·---· l 03 03000 CONCRETE I S 56,648.95 03301 ' 03302 ------r ()4 04000 MASONRY t S 13.535.53 05 0500() METALS 1 S 1,460.00 06 osooo WOOO & PlASTICS 'MILLWORK I . ~~ ~·~·---,...-~~·_....._.,......,..._,,~ .. ~.-·~ ~-------~-·--··" 06220.00100 -=-=.:··:oo22a~~-=---~--~-- . 06220.00106 i .. -~~~--·-··------+~------·~------- 07 07000 THERMAL & MOISTURE PROTECTION I S 50,938.48 Prepared by Gary Weinstein 101812013 Page 1 of 5 746 RESTROOM I PUMP ROOM (27' X: 28') DIVISION I # I DESCRIPTION I QUANTITY l UNIT I $/UNIT l AMOUNT I I _.M_t;TAL COUNTER FLASHING I . 440 LF : 15.00 :J. _ .2,6\lO.OO __ ------·-··------fTR#201~R#190A_DHESIVEATCUR~: ---~· 440 ___ LF j :_15.00 • -~--6.600.00 -. -·-·-~~~~--t:~~~~==~M~~~-=~ .. :. -~=: ~+ ~ TI_D ___ -;·~·:_1:==_:_. F~~ . ~-: -_1,6=0"~- j__ :CAULKING ~T EXTERiOR WALLS .. ----f-.. 234 .. _ j_ ·1F~·. !.-......... !.,?9 .... -fj~ ==-=-:~j9250 ---------·------·· .. _. __ 1 --··--···--· ··-. I 08 OBOOO DOORS & WINDOWS I S 11 ,202.00 _:·=-=_::~J-~-H§t~~-~~~.~~~~J~eoEo(exr~~--~--:=r_E\~:r.:. -~~-_{1-·· ..... :z<is.qo~ : Q81JQ 10{}Q~L~'::0"1'2':Q: STEEL FRAME\NELDED (EXTER!OR)J ___ 1 __ ~ __ L __ 206.00 _:_s ______ _12.6!Xl_ • 0§1J9:10003~~:Q''_x7'-0" STEELFR!\MEWELDEQLEXTERJOR)i 2 Ef\_; __ 206.00 ___ : S_ __4_!~,QQ. I _:~_110.10004 iADQSTEELFRAMELABEL--==-·· ~ :::JL ·:· .. EA : 35.00 ~-L-~ __ __llli&_ ~=~:4~}~::~: 1tl?N.5f·-s~zg;;.\~6~':~~:~) i · l-T~-~~-~-;~·-_:_-.:= -~-;~:~. ;___98110.10007 J~::Q:'x 7'-0" _§.TEE:L!MI;L~.RQ9f3...'t!_IIH LOWI;_R __ l_ ___ U~A___L _ _ill_,QQ___u__ .... _B50.00 ----~-~·-~ ~ ---~ ! -~~-. L~~----------~ :_.~.-.... J gf,-i;J·~~~~_!tt~~~~~S.~~~3.!,YMlN1U.t!i .. YiiEJoow]".-=-=t:~. _ 3{=·~! ~~ =-n. ~~~~~--~{----~-~! 00500.10000 iAODFORIMPA.CTRESISTANTWlNOOWS----~---15····-rEA""-;·-·ss.oo Is 1,04o~oo ==-=~~ ! 08500.1_9.QQQ ADD FOR IMPACT RESISTANT VEt!!§_. -~--~=~~:::_: _4__ I _ _§t. ., -~~~,?~Q_.J_§ 260.00 ·~ .. . --~ . ~ --__!_ ..... ~.--.. ---·-----.. --....... -~--~-F . -··+ ~----- ----; 08710.10001 'OOOR-FALCONMALOCKSWITH ;;;(oif~ 4·--· ' EA 550.00 iS 2,200.00 .:._·=~lOa71ifi0002-;oooRHARDWARE {E~~L-==-~---:-+. --~ ___ 1_§6-=i-_:_sso.OO -=: S .... =: ...... ?. .• :2..0.!l.l,19_ . . . . . . 08710.1 0003 'ALUMINIUM. TRESHOLD & STOP STRIP ·-· --:-----4-----EA .. :· ... -To1i0'-' s···-··· --· .... -·-aa 00. ---------·---· --~---~-. _T ___ .. __ ----, r----· --------- ---------·-:·--···-·-· 09 09000 FINISHES T S 25,88111 Prepared by GaryWe1m;tein 10/8t2013 Page Zof S 747 RESTROOM I PUMP ROOM (2T X 2:8') DMSJONI f DESCRIPTION 1 auANTirf 1 uNrT 1 $1\JNIT T AMOUNT I 1D 1(1000 SPECIALTIES 4o SIGNAGE I$ 7,203.00 + ---------+-----------------------· ---~' -I------t ----------- 12 12000 FURNISHINGS -1 $ r:--~t=~==+--·······-=~~~=·=~ ··-----·t---··· -·· ·:-~---~-. :-==-t--=~~---=== 13 130GO SPECIAL CONSTRUCTION -f $ - 220000 PLUMBING ·[ · 221ocia~__lG_~NeRA.I;~--=Q-=o.,..,N"'()I:=n:-:::o"'N~s~---------_-___ ~l------ -+--~1~16 --,!![~!TARy--:--· i ,3"SS l" ............ --·-··-'"14-ss ---...•. :·· .. ! 12· [iw\fpvc ~Y'VTR .... - :cLEA"N"ou'r I ·····-------.-----------·-·-·---y····· _3_9 i 10 ~ -+-~-~6 I 4 Prepared by Gary Wa111stein 1018/2013 748 LF LF lF E.A EA. .. -Ts- '"~---'1'-~-~ __ ... ____ ~---····J 28,582.40 Page3or5 DIVISION I # 23000 ~--· 260000 --····· 262726 RESTROOM J PUMP ROOM (27' X 28') I DESCRlf'TION I QUANTITY I UNIT I SJUNIT I AMOUNT I I HVAC ELECTRICAL -~·~o~ ~--. ' 2 1 1 Prepared by Gary Weinstein 101812013 749 1$ 2,286.00 -~·~·~·---~ I IS 24,095.12 . . -EA"-i ·sJ.ioo .~is ·--~-_-s-,o-.oo ··------[ --~~ ·-----I 124.00 9200 1s:s:oo Page 4 of 5 RESTROOM J PUMP ROOM (27' :X 28') DIVISION I T DESCRIPTION T QUANTITY I UNIT I $JUNIT I AMOUNT Prepared by Ga~ Weinstein 10181201 J PageS ol5 750 STARTER SHACK 751 DIVISION! # 01 01000 ()3 03000 03301 I-.. __ l__. . 0~02 .. . 04 04000 I CMS-Construction Management Services, Inc. 10 Fairway Drive, Suite 301 Deerfield Beach, Fl33441 954-481-1611 CMS FILE# 2126 MIAMlSEACH CAPlTAL IM!'ROVl::MENTS CITY OF MIAMI BEACH PAR 3 GOLF COURSE 100% SUBI'IImAL COST ESTIMATE October 1, 2013 STARTER SHACK {8' X ll'l DESCRIPTION I QUANTITY I UNITl$/UNIT GENERAL CONDITIONS CONCRETE '£AST JN PLACE CONCRETE STAR_I_~_g-IAC _ 54 MASONRY 05 05000 METALS Prepared by Gary Weinstein 1018/2013 752 I AMOUNT Is 6,511.33 8,823.04 T:s 2,36800 IS 1,460.00 Page 1 of3 STARTER SHACK (S' X 8'l DIVISION! # I OESCRJPnON I QUANTlTYl UNIT I$1UNIT I AMOUNT 08 10 07900 I I •SEALANTS 'cADi.:i<iNGATExTERlORWALlS ----·····-\ . -· t~-·--·-54 ' LF I ····-----,-· -- -···- '1"'ii s -------·--67 03 ---~ 08000 DOORS & WINDOWS I S 9,655.00 10000 SPECIAL TIES & SIGNAGE 1 S 150.00 -, __ . -,--------~t-=-~ ------- --., --·- f 10,0D(f SPECIALITiES--·:::.:::~.--=::::·-~= :·_·::::· ___ --=1 --------'---·-·····-······-·--··-·· ·········-···--········· ······--·--· 7S.Q.QrL~~----~:=1~_&o_ i 10400 IDENTIFYING DEVICES T ~--·--·· _ ~~~~f"FfM"At:E: ~]A-~9lL'\GEt Exi~~ori.. .. __ L~~:-E:A __ L I 11 11000 EQUIPMENT I$ . -~ -···.-·--· -. ---. l 12 12000 FURNISHINGS Is Prepar"d by Gary Weinstein 101812013 Paga 2 of 3 753 STARTER SHACK (ll' X B') DIV1SION! # I DESCRIPTION l QUANTITY I UNIT 1$/UNIT I AMOUNT j t I -· -------------~-' 13 13000 SPECIAL CONSTRUCTION I $ 200.00 ---·-; ·-·--~---- 1 14 14000 CONVEYING SYSTEMS T$ ----+ _________ i ___ , ________ _ 220000 PLUMBING I $ 230.00 2-lnOO HVAC J $ 2,541.00 260000 ELECTRICAL J $ 4,659.99 ·------~- TliEFix'ruRES ----- iuc4 EMER -:E~TER LITES (NOT LiSTED) I Prepared by Gary Weinstein 101812013 754 Page 3 ol3 I I RESOLUTION NO.I 2010-27407 Exhibit D I :. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVIN.G AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT .WITH MCCUMBER GOLF,.INC.; FOR DESIGN, BID AND AWARD, AND CONSTRUCTION MANAGEMENT SERVICES, IN THE NEGOTIATED LUMP SUM FEE.OF $294,500, PLUS AN ADDITIONAL NOT~TO-EXCEED AMOUNT. OF $92,600 FOR APPROVED REIMBURSABLES, FQR THE PAR 3 GOLF COURSE, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 07 .. 09/10; WITH FUNDING TO BE APPROPRIATED FROM THE MIDDLE BEACH QUALITY OF LIFE RESO~T TA..X FUND 161- . . WHEREAS, on November 2, 2009, the Procurement Division !ssued RFQ No. 07- . 09/1 o. for Design Bid and ·Award, and Construction Management Services, in the negotiated lump sum fee of $294.50Q, plus an additional not to exceed. arriount of $92,600 for approved . reimbursables for the Par 3 Golf Cour~e; and · WH!;REAS, at its February 3, 2010 meeting, the City Commission approved Resolution . No. 2010-27324, accepting the recommendation of the City Manager pertaining to the ranking of · proposals pursuant to RFQ No. 07-09/10, and authorizing the Administration to enter into negotiations with the top-ranked firm of McCumber Golf, Inc.; and should the Administration not be. able to negotiate with the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm. Bates Design Group, Inc.; and should the Administration not be abie to .negotiate. with the second-ranked firm, authorizing the Administration to negotiate with the third- ranked firr:n, Signature Design Services, Inc.; and WHEREAS, ·following negotiations, the City was able to reach an agreement with McCumber Golf, Inc., in the negotiated· lump sum amount of $294,500; and an additiona'l amount of $92,600, for approved reimbursables. ,,,. ' . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and autliorize an Agreement with McCumber Golf, Inc. for Design, Bid and Award, and Construction Management Services, in the r.~egotiated lump sum fee of $294,500, plus ·,an additional not to exceed amount of $92,600 for approved reimbursables, for the Par 3 Golf Course Project, with funding to be appropriated from the Middle Beach Quality of Life Resort Tax Fund 16~. PASSED AND ADOPTED THJS f{l.. ATTEST: ~t·fw.~ Ro.~rt Parcher, City Clerk . . ~ DAY OF . JUft<, 755 2010. Exhibit E RESOLUTION NO. 2011-27677 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE PAR 3 GOLF COURSE PROJECT AND THE FLAMINGO PARK PROJECT (AND, IN PARTICULAR. THE TENNIS CENTER), AND RAnFYING PREVIOUSLY APPROVED RESOLUTION NO. 2010..27407, WHICH APPROVED AND ADOPTED THE RE..OESIGN OF THE PAR 3 GOLF COURSE, INCLUDING THE CONSTRUCTION OF FOUR (4) HARD SURFACE TENNIS COURTS, TOT LOT, AND SPLASH PAD, AND RATIFYING PREVIOUSLY APPROVED RESOLUTION NO. 2009-27190, WHICH APPROVED THE FLAMINGO PARK MASTER PLAN, OPTION "L", M AMENDED, INCLUDING THE CONSTRUCnON OF SEVENTEEN (17) HYDRO COURTS AT THE PROPOSED TENNIS CENTER. WHEREAS, on March 31, 2009, the City held a publicly advertised meeting at Miami Beach Senior High School where three (3) options for the newly proposed Par 3 Golf Course were presented and explained in detail; and WHEREAS, after a thorough explanation of each alternative, the community favored the "Refurbished Nine (9) Hole Par 3 Golf Course", which would retain a full nine-hole golf course, as it exists today; and WHEREAS, following the input and recommendations from residents, including the Bayshore Homeowners' Association (BHA), at the City Commission meeting of October 14, 2009, the Mayor and City Commission, authorized the Administration to issue a Request for Qualifications {RFQ) for design, bid and award, and construction administration services, for the re-design of the Par 3 Golf Course (the Par 3 Golf Course Project}; and WHEREAS, on June 9, 2010, pursuant to Resolution No. 2010-27407, the City Commission approved and authorl:zed the Mayor and City Clerk to execute a professional services agreement with McCumber Golf, Inc. for design, bid and award, and construction management services for the redesign of the Par 3 Golf Course, Including four (4) hard surface tennis courts, tot lot and splash pad, public restrooms, a jogging trail around the perimeter of the site, a grove of flowering/fruit trees, as well as lakes which would act as natural habitat reservoir and as a drainage basin and irrigation system; and WHEREAS, on March 26, 2011, a public meeting with BHA residents was held at the Miami Beach Golf Club, and the primary goal of this meeting was to present the community with the final concept plan for the Par 3 Golf Course Project, which encompassed all the elements that McCumber Golf had been commissioned to provide in accordance with the approved scope of work; and WHEREAS, following McCumber's presentation, members of the community expressed concerns regarding the implementation of a proposed plan with a splash pad and a tot lot, that might attract children onto the Par 3 fairways; and WHEREAS, BHA later presented a proposed plan that was indicative of the elements that the residents would accept as part of the Par 3 Golf Course Project; and WHEREAS, the BHA plan suggested a similar layout of the Par 3, inclusive of the lakes, jogging path and four (4) tennis courts, as well as 26 parking spaces along the front of the Hebrew Academy play area; and WHEREAS, the proposed BHA plan did not Include the incorporation of a tot lot, splash pad, and associated restroom facilities; and WHEREAS, at the May 11, 2011 City Commission meeting, the City Commission was receptive to 756 relocating the four (4) hard surface tennis courts further west, adjacent to Pinetree Drive, as well as incorporating the tot lot and water splash pad; and WHEREAS, the City conducted a subsequent analysis of the potential relocation of these amenities, and concluded that these modifications might be feasible, but not without changes to the current Project design, as well as the potential of impacting the existing trees; and WHEREAS, it is anticipated that the increase in the size of the tot lot and splash pad could potentially increase the Project budget by $250,000; and WHEREAS, on March 27,2008, Wolfberg Alvarez and Partners (WA) was retained to prepare a Master Plan for the Flamingo Park Project, including the proposed Tennis Center (the Flamingo Park Project); and WHEREAS, the Master Plan Option "L", as approved and amended by the City Commission on September 9, 2009, pursuant to Resolution No. 2009-27190, recommended the demolition of the ex:isting Flamingo Park Tennis Center and construction of a new S,OOOSF Tennis Center, with seventeen (17)hydro courts; and WHEREAS, during the February 3, 2010, City Commission meeting, Dr. Rosann Sidener, the principal of Miami Beach High School, as well as a number of parents of Miami Beach High School students. a representative the Miami Beach High PTA, and residents of the community, spoke and issued a unified request to include five (5} hard surface courts in the new Flamingo Tennis Center for use by the High School's tennis team; and WHEREAS, City staff has, since then, met with Dr. Sidener, who has been receptive to the inclusion of four (4) hard surface courts at the Par 3 Golf Course instead; and WHEREAS, the High School's receptivity to the construction of the hard surface courts at the Par 3 Golf Course would allow the City to proceed with the design development phase of the Par 3 Golf Course Project, and with the construction of the Flamingo Park Tennis Center, as per adopted Flamingo Park Project Master Plan, and Permit Number 91003093, which includes the construction of the seventeen (17) hydro courts. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby ratify the previously approved Resolution No. 2010-27407, which approved and adopted the re-design of the Par 3 Golf Course Project, including the construction of four ( 4) hard surface tennis courts, tot lot, and splash pad, and ratify the previously approved Resolution No. 2009-27190, which approved the Flamingo Park Master Plan. Option "L", as amended, including the construction of seventeen {17) hydro courts at the proposed Tennis Center. PASSED AND ADOPTED this I Jt day of June. , 2011. CITY OF MIAMI BEACH: ~~ T:\AGENDA\2011\B-01-11\Fiamingo Park Masterplan RESO.doc 757 Matti Herrera Bower APPROVED AS TO FORM & LANGUAGE & fOA EXECUTION City of Miami Beach Parks & Recreation Dept. Par 3 Golf - 5 YEAR PROJECTION ,Golf Operating Expenses ·Golf Course Maintenance Salaries & Benefits •Maintenance Personnel. Overtime, Taxes/Employee Benefits & Uniforms Golf Course Maintenance Operaljonal Expenses Fertilizer, Equipment Lease, Chemicals, Gas & Oil, Supplies. Sod. Soil. Sand, Top Dressing, Repairs, Roads, Grounds and Landscape, Stationary and Printing, ·Dues & Memberships, etc. Golf Course Maintenance Professional Services Lake Management. Security Services, Portable Restroom Rentals. Tree Pruning. ,Etc. Golf Course Maintenance Internal Servjces Water. Sewer, Telephone, Storm Water, Electricity and Property Management Expenses Pro Shoo Salaries & Benefits Pro Shop Personnel. Overtime. Taxes/Employee Benefits & Uniforms Pro Shop Operational Expenses Marketing & Advertising, Stationery & Printing, Supplies, Repairs & Maintenance and misc. operating expenses ; Pro Shop Professional Services Credit Card Costs. Security System, Computer Services (POS/ Reservation Management) Pro Shop Internal Servjces ·Telephone, Waste Removal, Water and Sewer, Electricity, Computers/IT ·Services/ Phone System and Property Management Expenses Bathrooms Tennis Courts Playground/Tot Lot Splash Pad Exhibit F FY 14-18 Year1 TOTAL. 95,036, 96,937; 98,875, 100,853 494,571 98,100 100,072; 101,073 500,409 3,600, 3,672 3,709 18,364 58,370' 58,954 294,797 97,900 99,858 101,855 509,476 14,400 14,544: 14,689: 73,454 8,076 8,157[ 8,238 41,196' ~' m 3,ooo: 3,060: 15,303 , ... ( 12,600: 12,000 12,000i ~ ! 0 500 sao' 500• 26,500 .•..•..• ·< 0 2,000: 2,00Di 8,000 " ~-n " ~ J 3,000 5,000 s.ooo: 23,000 500 2,soo, Prepared by: Parks & Recreation Dept 1/2/2014 758 RESOLUTION TO BE SUBMITTED 759 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2013/14 Item Summary/Recommendation: The year-end analysis for FY 2012/13 shows a preliminary operating budget surplus of $4.7 million or 1 .8 percent of the amended General Fund operating budget. Of the $4.7 million surplus, it is proposed to reserve $354,000 to be rolled-over into FY 2013/14 to cover purchase orders that were en cum be red, but not spent during FY 2012/13 due to timing issues between fiscal years. Similarly, it is proposed to reserve $568,000 for projects that were budgeted, but not completed during FY 2012/13, to carry forward the appropriation for these projects into FY 2013/14. Further, it is proposed to reserve an additional $2.1 million in the reserve for Future Building Department needs to cover the additional surplus attributable to Building Department net revenues over expenditures as State law requires that Building fees (and any related investment earnings) be used solely for carrying out the local governments responsible in enforcing the Florida Building Code. Administration also recommends that the Capital Reserve transfer requirement be waived for the FY 2012/13 year-end surplus and that the balance of the General Fund surplus, approximately $1.7 million, be proposed to be set aside in a reserve to help balance the FY 2014/15 budget. There are $1,010,000 of encumbrances in the Enterprise Funds and $358,000 in Internal Service Fund encumbrances, for goods or services which were procured in FY 2012/13, but not yet received and expended, which are recommended to be carried over to the respective FY 2013/14 operating budgets. Similarly, it is proposed to carryforward appropriation of $35,000 in the Enterprise Funds and $25,000 in the Internal Service Funds into FY 2013/14 for projects that were budgeted, but not completed during FY 2012/13. Prior year appropriations fully fund the encumbrances and projects. In the Enterprise Funds, $301 ,000 of enhancements are proposed to be funded as well as $84,000 in the Internal Service Funds. There are $928,000 of encumbrances in the Special Revenue Funds for goods or services which were procured in FY 2012/13, but not yet received and expended, which are recommended to be carried over to the respective FY 2013/14 operating budgets. A change impacting the FY 2013/14 budget for Special Revenue Funds includes appropriating $50,000 in the Information and Communications Technology Projects Fund for the Code for America Program project. The FY 2013/14 Adopted Work Plan and Budget included $1,318,000 of proposed enhancements in the General Fund that were set aside in a reserve pending further review by the City Commission. The proposed enhancement list has been updated to reflect both the organization and community's highest priorities. The proposed enhancement list for the General Fund totals $1,279,000 ($175,000 is offset by additional building permit revenue}, which is $39,000 less than the original list. The proposed enhancements across all funds totals $2,077,000, which is $60,000 less than the original list of $2,137,000. The enhancements are budgeted on a full-year basis and since many of the new positions will be hired at least 8 months into the fiscal year, there should be resulting savings in departments with position enhancements. Staff continually reviews the organization for opportunities and several reorganizations are proposed to improve efficiency and effectiveness. Financial Information· Source of Amount Account Funds: FY 2013/14 $4,870,000 General Fund i@J I $1,300,000 Enterprise Funds $500,000 Internal Service Funds OBPI $978,000 Special Revenue Funds Financial Impact Summary: MIAMI BEACH F\7C. DATE 1-IS-IY 760 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o theCit~n FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING TH FIRST AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2013/14 ADMINISTRATION RECOMMENDATION Adopt the resolution amending the FY 2013/14 General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets. GENERAL FUND ANALYSIS The preliminary year-end analysis for FY 2012/13 shows that, overall, the General Fund has a negligible deficit of approximately $58,000 due to a reporting requirement to recognize investments as if they were immediately liquidated on September 30 1h. However, this reporting requirement has a non-cash impact. Net of this non-cash impact, the General Fund is estimate to have a preliminary operating budget surplus of $4.7 million or 1.8 percent of the amended General Fund operating budget. The detailed year-end analysis was distributed by LTC on January 9, 2014. Adopted Budget as Preliminary FY amended through 2012-13 General Fund November, 2013 Year-End Difference Revenues $ 257,670,000 $ 253,005,848 $ (4,664,152) Expenditures 257,670,000 253,063,575 (4,606.425) Surplus/( Deficit) $ -$ (57,727) $ (57,727) Non-Cash Impact Adjustment 4,768,100 4,768,100 Net Surplus/Deficit $ 4,710,373 $ 4,710,373 Of the $4.7 million surplus, it is proposed to reserve $354,000 to be rolled-over into FY 2013/14 to cover purchase orders that were encumbered, but not spent during FY 2012/13 due to timing issues between fiscal years. 761 First Amendment to the FY 2013/14 General Fund, Enterprise, lntemal Service and Special Revenue Funds Budgets Page 2 Similarly, it is proposed to reserve $568,000 for projects that were budgeted, but not completed during FY 2012/13, to carry forward the appropriation for these projects into FY 2013/14. Further, it is important to note that a significant portion of the surplus is due to Building Department revenues in excess of budget by $3.0 million, resulting in a surplus of $2.1 million attributable to Building rather than a loss of $1.7 million as budgeted. This surplus is without a budgeted transfer of $1.5 million from Building Reserve into the General Fund. Instead, it is proposed to reserve an additional $2.1 million in the reserve for Future Building Department needs to cover the additional surplus attributable to Building Department net revenues over expenditures. The General Fund still owes a $4.8 million balance of Building Department revenues from prior years. The City's financial policies require that one-time revenues (such as the year-end surplus) must be used for non-recurring expenses, and that at least half of the annual year-end surplus must be allocated to the City's Capital Reserve Fund. However, the Administration recommends that the Capital Reserve transfer requirement be waived for the FY 2012/13 year-end surplus and that the balance of the General Fund surplus, approximately $1 . 7 million, be proposed to be set aside in a reserve to help balance the FY 2014/15 budget. This compares to $3.5 million in prior year funds used to help balance the FY 2013/14 budget. RECOMMENDED CHANGES IN APPROPRIATIONS Projected Surplus (excluding non-cash impact of losses on investments) Changes In Expenditure Appropriations Reserve -Encumbrances Reserve -Set Aside for FY 2012/13 Projects in FY 2013/14 Reserve-Set Aside for Future Building Department Needs Reserve -Set Aside for FY 2014/15 Budget Shortfalls Revised Net Surplus $ $ 4,710,000 354,000 568,000 2,101,000 1,687,000 (0) The resulting changes to General Fund revenues and appropriations shown below also include proposed enhancements and reorganizations discussed in further detail in following sections. 762 First Amendment to the FY 2013/14 General Fund, Enterprise, Internal Service and Special Revenue Funds Budgets Page3 FY 2012113 Ca rrylorwa rd Carryforward of Additional FY 2013114 Adopted Encumbrances Appropriations lilulldlng Proposod GENERAL FUND liludget from FY 2012113 from FY 2 012113 Revenue Othef Arrnmdud Budget 'c "~ •. ··--~-,~·· •.. ·REVENUES OPERATING REVENUES Ad Valorem Taxes $105,229,000 $ 105,229,000 Ad Valorem Taxes -South Pointe Costs 10,201,000 10,201,000 Ad Valorem Taxes-Capital R & R 1,981,000 1,981,000 Ad Valorem Taxes ·Normandy Shores 147,000 147,000 Other Taxes 22,765,000 22,765,000 Licenses and Permits 23,383,000 160,000 23,543,000 lntergo~mmental 10,214,000 10,214,000 Charges for Ser.ices incl. Golf Courses 10,315,000 10,315,000 Fines and Forfeits 2,639,000 2,639,000 Interest 2,921,000 2,921,000 Rents and Leases 6,945,000 6,945,000 'Miscellaneous 12,441,000 12,441,000 Resort Tax Contributions 32,965,000 32,965.000 Other 8,516,000 8,516,000 Res~ -Building Department Operations 1,500,000 1,500,000 Prior Year Set Aside 2,700,000 2,700,000 Prior Year Set Aside for Pension Credit 831,000 831,000 Prior Year Surplus from Parking Operations Fun 8,400,000 8,400,000 Additional Surplus Fund Balance from FY 2012/13 354,000 568,000 3,788,000 4,710,000 Total General Fund $264,093,000 $ 354,000 $ 568,000 $ 160,000 $ 3,788,000 $ 268,963,000 763 First Amendment to the FY 2013/14 General Fund, Enterprise, lntemal Service and Special Revenue Funds Budgets Page 4 Conyfarward Conyfarword FY2013/14 FY 2013/14Adoptad Encumbrances from Appropriations from Propoaed Proposed GENERAL FUND Budget FY 2012113 FY 2012/13 enhancements Roorg's Amended Bud98l APPROPRIATIONS Department MAYOR & COMMISSION $ 1,719,000 $ 19,000 $ 1,738,000 CITY MANAGER 2,911,000 337,000 (37,000) 3,211,000 COMMUNICATIONS 836,000 73,000 909,000 BUDGET & PERFORMANCE IMPROVE 1,922,000 150,000 128,000 2,200,000 ORG DEV & PERFORMANCE INITIATIVE 392,000 3,000 395,000 FINANCE 4,644,000 37,000 4,681,000 PROCUREMENT 1.137,000 3.000 128,000 1,268,000 HUMAN RESOURCES/LABOR RELATION: 1,822,000 118,000 1,940,000 CITY CLERK 1,344,000 1,344,000 CITY ATTORNEY 4,684,000 158,000 4,842,000 REAL ESTATE, HOUSING & COMM. DEV 1,843,000 5,000 1,848,000 BUILDING 11,945,000 285,000 12,230,000 PLANNING 3,467,000 3,467,000 TOURISM & CULTURAL DEVELOPMENT 2,905,000 2,905,000 CODE COMPLIANCE 4,876,000 4,876,000 COMMUNITY SERVICES 492,000 492,000 PARKS & RECREATION 30,059,000 38,000 99,000 (73,000) 30,123,000 PUBLIC WORKS 6,735,000 132,000 80,000 6,947,000 CAPITAL IMPROVEMENT PROJECTS 4,967.000 4,967,000 POLICE 98,435,000 18,000 24,000 98,477,000 FIRE 61,581,000 90,000 87,000 61,758,000 Citywide Accounts-Normandy Shores 225,000 225,000 Citywide Accounts-Operatil'lg Col'llingency 1,000,000 1,000,000 Citywide Accounts-Other 8,842,000 65,000 394,000 9,301,000 Sub Total General Fund $ 258,783,000 $ 354,000 $ 568,000 $ 1,439,000 $ $261 '144,000 TRANSFERS Capital Investment Upkeep Fund $ 216,000 $ 216,000 Info & Comm Technology Fund 395,000 395,000 Set Aside Reserve 1,318,000 (1 ,279,000) 39,000 Pay-As-You-Go Capital Fund 1,400,000 1,400,000 Reserve-Set Aside for Future Bldg Needs 2,101,000 2,101,000 Reserve-Set Aside for FY 2014115 1,687,000 1,687,000 CAPITAL RENEWAL & REPLACEMENT 1,981,000 1,981,000 Sub Total Transfers $ 5,310,000 $ $ $ (1,279,000) $3,788,000 $ 7,819,000 Total General Fund $ 264,093,000 $ 354,000 $ 568,000 $ 160,000 $3,788,000 $268,963,000 764 First Amendment to the FY 2013/14 General Fund, Enterprise, Internal Service and Special Revenue Funds Budgets Page5 ENTERPRISE AND INTERNAL SERVICE FUNDS FY 2013/14 BUDGET AMENDMENT There are $1,010,000 of encumbrances in the Enterprise Funds and $358,000 in Internal Service Fund encumbrances, for goods or services which were procured in FY 2012/13, but not yet received and expended, which are recommended to be carried over to the respective FY 2013/14 operating budgets. Similarly, it is proposed to carry forward appropriation of $35,000 in the Enterprise Funds and $25,000 in the Internal Service Funds into FY 2013/14 for projects that were budgeted, but not completed during FY 2012/13. Prior year appropriations fully fund the encumbrances and projects. In the Enterprise Funds, $255,000 of enhancements are proposed to be funded as well as $117,000 in the Internal Service Funds. ENTERPRISE FUNDS REV/EXP APPROPRIATIONS Convention Center Parking Sanitation Sewer Operations Slormwater Operations Water Operations Total Enterprise Funds INTERNAL SERVICE FUNDS REVIEXP APPROPRIATIONS Central Services Fleet Management Information Technology Property Management Risk Management Medical and Dental Insurance Total Internal Service Funds Canyfo<w1rd C1rryforward FY 2013/14 Adopted Eneumbronees r..om Appropnlllons from Proposld FY 2013/14 Propoud Budgtl FY 2012113 FY 2012113 Enhlntemtnts Amonclld Budge! $ 12,726,000 48,427,000 17,915,000 38,132,000 12,097,000 31,522,000 $ 160,819,000 $ 948,000 10,369,000 15,527,000 9,325.000 13,935,000 25,377,000 $ $ $ 75,481,000 $ 20,000 189,000 137,000 399,000 265,000 1,010,000 242,000 116,000 $ 358,000 $ 35,000 35,000 7,000 18,000 $ $ 12,746,000 80,000 48,696,000 17,950,000 38,269,000 175,000 12,671,000 31,787,000 255,000 $ 162,119,000 $ 948,000 49,000 10,418,000 68,000 15,776,000 9,527,000 13,935,000 25,377.000 25,000 $ 117,000 $ 75,981,000 SPECIAL REVENUE FUNDS FY 2013/14 BUDGET AMENDMENT There are $928,000 of encumbrances in the Special Revenue Funds for goods or services which were procured in FY 2012/13, but not yet received and expended, which are recommended to be carried over to the respective FY 2013/14 operating budgets. A change impacting the budget for Special Revenue Funds includes appropriating $50,000 in the Information and Communications Technology Projects Fund from available fund balance for the Code for America Program project. This project is one of eleven projects approved for FY 2013/14. These projects are usually budgeted as Capital projects, but the Code for America project did not meet the criteria for a capital project and now needs to be appropriated as an operating budget item. Code for America is a new non-profit which aims to import the efficiency of the Internet into government. The City was recently selected as a finalist for the Fellowship Program which 765 First Amendment to the FY 2013/14 General Fund, Enterprise, lntemal Service and Special Revenue Funds Budgets Page 6 provides open source Web programmers for one year to create web applications that serve the community. The Code for America Team will create a mobile application that can be accessed by smart phone. The Miami Beach app will display information such as free events taking place in the area, nearest parks and recreational facilities, nearest parking lots and garages and availability of spaces, locations of hotels, dining and entertainment establishments, nearest rental bicycle stands, art galleries and museums, local transportation schedule, and information on local weather. Canyforward FY2013114Adgphd En~umbera1110e• FY 2013114 Prop- Budgot from FY 2012113 OII>or Anlondod BudgOI SPECIAL REVENUES REVIEXP APPROPRIATIONS Resort Tax $ 59,507,000 $ 51,000 $ -$ 59.558.000 7th Street Garage Operations 2,161,000 2.161.000 5th & A~on Garage-City's Share of Shortfall 602,000 602,000 Art in Public Places 729,000 39,000 768,000 Tourism and Hospitality Scholan~hip Pgms 142,000 142,000 Information and Communications Tech. Fund 0 50,000 50,000 Education Compact 111.000 111,000 Green/Sustainability Funds 225,000 225.000 Red Light Camera Fund 420,000 420,000 E-911 Fund 489,000 489,000 Cultural Arts Council 1,470,000 141,000 1,611,000 People's Transportation Plan Fund 1,501,000 107,000 1,608,000 Police Confiscation Trust-Federal 489,000 30,000 519,000 Police Confiscation Trust-State 235,000 560,000 795,000 Waste Hauler Addtl Svcs and Public Benefit 77,000 77,000 Total Special Revenue Funds $ 68,158,000 $ 928,000 $ 50,000 $ 69,136,000 PROPOSED ENHANCEMENTS The FY 2013/14 Adopted Work Plan and Budget included $1 ,318,000 of proposed enhancements in the General Fund that were set aside in a reserve pending further review by the City Commission. The proposed enhancements were listed in Attachment E to the City Manager's Budget Message. The proposed enhancement list has been updated to reflect both the organization and community's highest priorities. To help track the changes from the original list, new items have been underlined and changes are shown in italics and strikethrough text. The updated list of enhancements helps further three key priorities: (1) increasing public cleanliness and safety, (2) focusing on customer service to our residents, businesses, and visitors, and (3) improving the administrative operations critical to service delivery. The proposed enhancement list for the General Fund totals $1,279,000 {$175,000 is offset by additional building permit revenue), which is $39,000 less than the original list. The proposed enhancements across all funds totals $2,077,000, which is $60,000 less than the original list of $2,137,000. The enhancements are budgeted on a full-year basis and since many of the new positions will be hired at least 8 months into the fiscal year, there should be resulting savings in departments with position enhancements. Details regarding the proposed enhancements can be found in the following table. 766 I First Amendment to the FY 2013/14 General Fund, Enterprise, Internal Service and Special Revenue Funds Budgets Page 7 PROPOSED ADDITIONS AND SERVICE ENHANCEMENTS • •• m I Flscallrr.,act Cumulative I Total Positions I Impact FT I PT .. I Police :·: . : :.;••:::.:',c.<:· .:~· :.c 2: ~;:~·: :._:.·,:.·•·.;£· .. :.·:: · ... ~, .. AddfEISS Galal'}' GEII'Ilf'II'EISSIEW'l faf Pallse Captains I'EISI.lltil'l!l ffam pay lllspaflties bet\•.een wpper FRaAagemeAI ldASiassifiea eFRpleyees aAII slassifiell! llargaiAiAg wAit eFRpleyees !M!If se>Jefal yeafs ($81l,()()()). This enhancement has already been addressed and the cost will be absorbed by vacancies generating savings In personnel services. - - 0.0 0.0 Reserlls YRit li!AI'IaAsemeAI li!Aswre IRe apprepriate FRaAageFReAI aAel elis11esi~eA el' affisial palise l'eGards, IRGI~o~di119 #le samplelian Elf IJI'Iifafm Gl'ime Repal'ti119 faf #le State. Reinslales aRe t~) Reserels MaAager pesi~eA •1Jilisl'l 'NBS •~asateel iA ~003 elwe te IRe ins~o~mllenfs eeplayment an asti•.e milita1y dilly. Pasitian •Nas eliminated #lfaugl'l #le li!waget I!FeSeSS. blpEW'l l'lis relwrA freFR asti•.e llwt>,•, IRe City 1!F9'Aeleel l'!iFR wiiR !'lis pesi1ieA as a Rasarels Managef. lhis enl'lansemel'll farmal~< adds IRis pasilian il'lla #le il~o~dget ,.,n., .......,, . This enhancement will be addressed during the FY 2014115 budget process. --0.0 0.0 Fire '.: ···:> : :.c::: . ·. ·:.::•;: :.:: !: ;:·:.···'·t •.:c: ," :,.· lmpre•IEI #le efl:isieAsy et: #le ~ire QepaFIFAefll!s Pire PrewA1ieA Eli•AsieA iA ligllt el' IRe 8uik:liRg OOisial's R81o,iy impiBFReRie!lplaRs fENe>'<' limes (Hl days •oefrus 3Q !lays) ily l'liriAg twa t2) aaelitieAal Pire PrelestieA .l>.Aalysls. ,A,II9\•IS #le aiYisieA te meel #le Ae"'l tumam~o~Rd limes aRd implemeRt IRe shaRge Elf ileiRg fifsl Ia f81~8\" plaRs al'lead Elf etnefs lA IRe sl'laiA ($~93.00~. This enhancement is on-hold and will be re-evaluated following the filling of a vacant management position - - 0.0 0.0 ll'lli)F9'18 IRe ffeqweAGy '*fire iAGI)estiaAS ui#liA #le City fFam QAGe e'ISI')' 2.5 years te eRGe e•oef}' ~ .5 yeafs u~#l #le hifiA!J Elf t11Kl {:!) additieAal ~ii"B PmtectieA IRSJl9GiafS ($1 €l4 ,QOO) fRestwes eRe s:H:e IR&per;tQ· p9silieR elimiRaled rlt.•FiRg IRe FY :1009 10 budget f11'9Gess} This enhancement is proposed to be addressed tht"oUf/1 a policy change requiring businesses to show proof of inspection annually. - - 0.0 0.0 Upgrade the replacement of three sedans to high clearance 4x4 whicles to better respond to floodiiJg and other emergencies. 35000 35000 0.0 0.0 Reinstate the Ocean Rescue Chief position to be offset by the reduction of a full-time Ufeguard position that was ultimately added to offset positions \Mjl'king out of class to compensate for the deletion of the Chief position. [Restores one Ocean Rescue Chief l.oosttton eliminated d.Jrlng the FY 2007·08 budget process}. 52000 87 000 0.0 0.0 Bulkllna . .. .. . :: ·:·: Enhance enforcement of Unsafe Structures by proliidlng funding for demolition of unsafe structures. Covers Six (6) identified properties in the 1\brth end (one-time expense, funded by Bulldna revenues l 125.000 212.000 0.0 0.0 lml!(o~ l!.!rni!!Q!.!!!Q li~!i i!!!Q Q~ri!lll!!ilrfQrmanc~ ang !;Uslor.!!!i:[ :ii!tisfi!!<liQn bl£ i!Qging two r;!Q!;itions in!;lyding a S~nior Plumbing In~!!:!!: and Permit Clerk!!;:! i!ddress increases in demand. The cost of these ggsitiQns are offset bl£ higher than budS§ted in buildin<:1 : rewnues. 160 000 372 000 2.0 0.0 Conmunlty Services . ··. .·· : . .-.".:·.-:·;:.::··:'::: ?i: .: ~ SllJlJlle-lal fuAds faf eldef meal Jlf9!JfaFRS ta Sl:liiJllaAt j;eElefal f~o~Ads #1at "'8f8 lasl •Aa seqweslef. AEielfesses lest sapasily at IRe fallauiAg siles: Reilesa :fao.•!BFS (~5), CawAsil Ta••lllfs Sellll'l (Hl), Stella Maris J, S9b11h Sl'lefe CamiRidAily CeAier (:!Q), ~edefalieR +ewefs (~Q); kif a tetal el' 58 meals J!Eif Elay t$85,()()()). This enhancement was funded throufl! December from Contingency and the balance will be funded from the Mayor's donated personnel and operating funds. -372 000 0.0 0.0 Procurement . : .. :. . ·~' ...... lmprow procurement compliance and reduce solicitation backlog by adding a Procurement Coordinator [Restores one Procurement Cocxdnator position converted to oart-tlme d.Jrlna the FY 2011-12 bucklet orocessJ 68,000 440,000 1.0 0.0 §trenalhen lb!il Qi!l2!li!l ang lnfri!:ll!:!.!!<JI.!r!il QQnlri!!<ling T§!m IQ elCDedi!!;l !;Qnl!:i!&li!l9 actiliities for caoilal oroiects bv addino a Procurement Technician oosition. 60,000 500,000 1.0 0.0 Human Resources .. " :, .·. Aggress back!Qg ;;!nd im(;1!:ow turn;;!round ti~!i\ fQr recla~ifi!d!tions bll adding a l-llman Resoyr!<!il!i S~!<Ji!li:;! t:!Qlii!iQO. [{jfitores Qa!il H11!11i1.n Resourr:<§ Sneciil.li:it, DOsition eliminated clurlna the FY 2009-10 bucklet orocessl 64000 564 000 1.0 0.0 Enhanc~ cystofT'er service and iugove cleric;;!! suQ~ !:ll£ conloefting a g;!!rt-time Office Associate Ill r;!Ql1l!iQn !Q i! fyll-!ime 11Q!ii!!Q!!. £R~tores Qa!il Qffi!i!i!. AssociBte II DOSition eliminated clurina the FY 2007-08 budoet ,,..,....,., 24000 588 000 1.0 {_1.0 Fundina for o ewnts to iiT'Orow emolovee enaaaement and recoanition. 30000 618 000 0.0 00 767 First Amendment to the FY 2013114 General Fund, Enterprise, Internal Service and Special Revenue Funds Budgets Page 8 Offlc8 ·Of Budgafariiffiert"ormanee lmproVel:ii#it '?'oc ; > · .. ;.;g'. .:f. . , ... \ ... ' i<.'' '<' .. ,· .. ,:;::~ '?· . ·:.··:.:;. :::;c;: pic :.· Improve financial oversight of Capital Budget process (including Renewal and Replacement projects) and increase departments capacity for proactive analyses, process improvement and performance initiatives by adding a Management and Budget Analyst {Restores one Management & Budget Analyst posftion eliminated during the FY 2007-08 buc:vet laocess1 71 000 689 000 1.0 0.0 Enhance monitoring of existing grants and research of new grant opportunities, for example Emergency Management grants, by adding a Grants Position. (future offset by ravenuetvant fundng) {Restores partial support provided by a Management Consultant DOsifion eliminated ~rlnfl the FY 2009-10 budJ1et aocessJ 57,000 746 000 1.0 0.0 'Public Works···-•·"'·'' · · · . i .••. ;:.·::.:{!\• ··:, .. ,. :;:;•:•:•>!':;:;:· ,;,,,· ·. . .. ' ' .. ···:.:::;:c ,.,: .. , "'""-" __ ,, . .,. .. -""'' f • ~ lmprQl!l:ll!:s!n:.PQ!li!tit!!l J:llli!O!li!lg li!!ltlll:ii!n§it o~rations bl£ adding<! Trans1:1ortation ~rations Su~rvi:i!Qr !!Q§ItiQn. Thl:;; !!Ql>ition will be r~§!!.Qn§ible fQr l!!slnniog Q~l!l:l!2J:liDg imQI~!Il!i!Oti!lg, li!Otl !!JQOitoriog gai!l£ Q(2!:!rations of grivatelv Ql:!!:!ratecl munic;;loo,l c;;lrc;;ula!Qr svstems. 80 000 826 000 1.0 0.0 Parks & Recreation · · • .· .. :.:··.:·:>''"';;:;;. , •... :> :•, ''!:' :''i'S::i' '. :· . :• El!Q!!Qite ;;!nd i!!!Q!:ove on !be i!!lllementation of ca!!!tal grQ~t:i Qii!rk i[!J!rDveme!JJ::i l!rQg[<lffi <l!lli!h/ses, contract mana~ment and fi§!:;al o~~ght bl£ adding a Senior Manaaement Analvst oosition. 99000 925 000 1.0 0.0 CitY Attorney· '·'•:::'':·:, :: • . :Ci •• : •••• •;.• . .··· . . ·, ... ... ,,,,~, .. Recruit a Senior Assistant City Attorney to handle additional wlume of transactional work. [Restores one Senior Assistant City Attorney position eliminated wring the FY 2008- 09 buc#Qet aocessl 109 000 1 034 000 1.0 0.0 Increase hours for Legal Secretary from 30 hours to 40 hours to support new Senior Assistant City Attorney {Restores one Legal Secretary position eliminated during the FY 2009-10 budget process] 32,000 1,066 000 0.0 0.0 l'v'o:>ve Receptionist formerly split between City Manager, City Attorney and Mayor/Coomission {Restores one Receptionist position eliminated during the FY 2()10.. 11 budget process] 17 000 1 083 000 0.3 00 City Man-·s Office .. ·;;·•·.:··. ., ·~ , . . "'"" . ,_,,., Dedicated Receptionist to effectively manage the daily flow of inquiries and requests received by the City Manager's Office (Current receptionists v.ill be moved back to solely City Attorney Office and Mayor/Commission Office) [Restores one Receptionist position eliminated ~ring the FY 2010..11 budget 11 000 1 094 000 0.3 0.0 F!maslivel)• inYestigate ani:! al:ll:lfess 100teAiial eem.!(aBBR aRd -~easaRee ll'l' afldiR!i a t;;:eFRraliaRGe OOieeF J!esilieR. +Refe Is nG east besause these I:IIJlles 'llill be abs9fl:lec:l ~ an el<istingpositian in the City MaAagef's Offise ($119,000). FIRaRGe aRd Citywide Do 0 1 094 000 0.0 0.0 Add an Ethics Hotine contract to proloide an efficient and independent means of identifying and reporting concerns regarding potential misconduct. ~ reSj:lOnsibiD~· of the GoRlPiianse OfflseL 1he cost of the Hotline contract is estimated and will be determined when put out to btd. Finance and Citywide Prajects Committee recommendation. 70000 1 164 000 0.0 0.0 l;.:iiliil!2ii:lb ii! Resilienc!£ PrQgram Jg S!Qdr!!:SS climate change ~ lim! ~vel rise emergenC!£ manago;1ment ;;!nd environmenl§ll il&!.!!!::i! :t!:!rQugh c;;Qntrac;;t :.!!:IYi~~ aru:l te!OOQrar!£ staff. I Land Use & Oevelooment Corrmlltaa reconwnandatlon. 190,000 1 354 000 0.0 0.0 lmpro\le the Management of Lincoln Road infrastructure by the addition of a Manager. The initial focus of the position will be Uncoln Road and over time II may also support other business areas like Washington Avenue, Ocean Dri\le, etc. These dbl~es 'hill lie ab59flled "'""' -~ ... "'' ' """'· 56,000 1 410,000 0.5 0.0 S!:!!;"rlll£ ;;!ssessment for Qill£ Hall c;;;;!mpy§, 1Q id!lntify: !!!!:l<~lil><!Ol ~U[ill£ !.!11Qrades and I enhancements. 10000 1 420 000 0.0 0.0 Mavor/Colllllll$si0rf ;,;":~. ' ::.:;:;::;~ >'' ·' :5' ;,· ·"f::;.;;,-;:t,,., ;, .'; '?=:ta ;;.;: .. :· ·• l'v'o:>ve Receptionist formerly split between City Manager, City Attorney and Mayor/Convnission {Restores one Receptionist position eliminated during the FY 2010- 11 budget process] 19 000 1 439000 0.3 0.0 Total General Fund Enhancements! $ 1 439 000 $ 1439 ooo I 12.5 I (1.01 Total General Fund Not Offset By Revenues! $ 1279ooors 1 279 ooo I 10.5 I (1.0) Total Enhancements Offset by Building Department Funding I S 160 000 $ 160 ooo I 2.0 I 0.0 768 First Amendment to the FY 2013/14 General Fund, Enterprise, Internal Service and Special Revenue Funds Budgets Page 9 INTERNAL SERVICE FUNDS Property Management ··.'·· . '"'c. . Add a Construction Manager to owrsee Gapital Renewal & Replacement Capital Projects related to City Facilities Oloef and abow routine maintenance. This position 'M'I owrsee 'J'oUk on all aspects of the projects including design, construction. inspection and renovation. The year one impact of this postion !Mil be charged to fund balance; the year tVKl impact wll be $68.000 of v.tlich $48,000 impacts the General Fund. -(fills ..a5t wiH be olfset by Rene.,ral and Rep/a-t funding) {Restores one Construction Manager position eliminated during the FY 2009-10 budget. -· 68,000 68,000 1.0 0.0 Fleet Mana~ ·c. ,,_.,_ . .,.-"'""' ··.·".:". . .. · :.·.i >: > II'Jllrow cleliwry of fleet SI!Nces and enhance adminislratiw support by adding an Office Associate IV position. Estimated year one impact to the General Fund of $32,000 !Mil be offset by reducing contingency, if necessary. 49000 117,000 1.0 0.0 Total Internal Service Funds $ 117 000 $ 117 000 2.0 0.0 .. -I Stormwater ···;···········" .. , .. ;, > ,;:,: ., .. ··i •::·:;: Enhance Storrn.vater Pui'Tll Station Maintenance·Due to lhe increased nurrber of PUI'Tll stations ( 4), additional maintenance is critical to meet the demands of effectiw storrn.vater conlrol. Additional maintenance costs are already being incurred and this enhancement I property funds this ke.Y. function. 175 000 175 000 0.0 0.0 Parkina :,· :.,:: ·;;:;.~ . ·:; :i :;::.;•.: ~. :.:.:.: ·. •. : ' : :·: ''2:''ii"'i:' .. ;2'; L'cc<: .. . ;;·::'ii':i \. :-':.•:. ::,:::: :.:. .:·:· IAG~ease ~e seF'oiGes availal:lle llA~Ae ~Y addiA!I a SeRio~ Systems AAalyst ($88,000) SoR'll! of !tie prejests !Rat are s~.~FreRIIy iA ~~~e~e are; ~. ~ IIOOify G~stllmBF GOYRter .o\flpliGatillA fll~ ~ iAte§raliOA •,•.ilti bF!R eAfefGelllBAt 2. OAiiAe payR'li!At aAd aWl pay for ResiseRiial PeF!Mts 'l,p~JiisalioA ('lisiteFS allll ResideAts) 3. OAiiAe payR'li!At aAel aWl !Jii'J' for MeR!Rt,• MllRisi~Jal Pe~R"its Q,a~JiisatieA 4. 4 GGess Ca~d PayR'li!AI:s ApplioatioA iAtegration ~It! garage re·.~m~e Genlrel eEj!OiJlR'lBAl 5. Visiter Pari~R!il ,o,pplisatiBR e. l!l~lk 8illing F!eF!Mts ,A,pplisalieA 7. \lalet eAfllFGSR'li!At l=lall!ll=1eld appliGaliOA 8. Me~ile Jllliflt of sale apJ)IisalieA This enhancement will be handled through use of temporary services. 175 000 0.0 0.0 II'JllrO~oe the management and coordination of all aspects of the maintenance of parking facilities including handling the contracts !Mth wndors that perform related v.ork by adding a Property Management Contracts Coordinator 80 000 255 000 1 0 0.0 Total Enterprise Funds $ 255 000 $ 255 000 1.0 0.0 ... New police squad for the RDA, v.tlich 'M'II provide 24 hour cowrage, partic!Aarly on Uncoln Road and surrounding areas. This rrew squad 'M'II include one ( 1) Sergeant and tv.o (2) Police Officers. The cost of this enhancement will be offset by $254, 000 from the current security contract which will be discontinued. 55000 55,000 3.0 0.0 II'Jllmlle the Management of Uncoln Road infrastructure by the addition of a Manager. The initial focus of the position will be Lincoln Road and owr time it may also support other business areas like Washington Awnue, Ocean Dri\18, etc. These duties ·.~II l:le absorbed """' .... ,..., ·~. 112,000 167,000 0.5 0.0 I!'TllmW ability to quickly address code issues on Lincoln Road by addition of tVKl dedicated code officers 99000 266 000 2.0 0.0 TotaiRDA s 266 000 $ 266 000 5.5 0.0 '!f~IAil F'u~ ••!iii~' ·,. · ·,:~,!JiiL·• . •'•:!f.!}.H.•i .. '.': : :.. •• :::.:..;5.;:• ... $ ;:.~.017.000 .$·:2;0~~ ..•.. 21 .. 0 (1,0) 769 First Amendment to the FY 2013/14 General Fund, Enterprise, Internal Service and Special Revenue Funds Budgets Page 10 REORGANIZATIONS Staff continually reviews the organization for opportunities to improve efficiency and effectiveness. As part of an overall effort to consolidate public information in a central function, a Public Information Specialist position and $73,000 of associated budget is proposed to be moved from the Parks Department to the Communications Department. In addition, a Call Center Manager position is proposed to be realigned from the City Manager's Office to the Finance Department to more accurately reflect the duties of the position. The associated budget is $37,000 as half of the position's salary is covered by the Building Department and is pro-rated through the rest of the year. In the Mayor & Commission Office, several positions have changed as follows: a Commission Aide position has been converted into a Chief of Staff position, an Executive Office Associate I position has been converted to a Secretary position, and a new Branding Manager position has been created. All of these changes have been accomplished within budget with a net addition of one position to the adopted position count. The position count also includes one enhancement from the Proposed Enhancements list, which funds a full-time Office Associate IV position instead of partial funding of a Receptionist position. Adopted Amended MAYOR & COMMISSION OFFICE OF FY2013114 Chanaes FY2013114 General Fund Mayor 1.00 1.00 Vice Mayor 1.00 1.00 Comrrissioner 5.00 5.00 Chief of Staff 0.00 1.00 1.00 Corrrnissioner/Constitutent Aide 8.00 (1.00) 7.00 Mayor & Corrrni ssion _Branding Manager 0.00 1.00 1.00 EJ<ecuti-..e Office Associate I 1.00 (1.00) 0.00 . -- ------. Office Associate V 0.00 . Q.OO Office Associate IV 0.33 0.67 1.00 Receptionist A"~ • 0.33 (0.33) 0.00 Secretary 0.00 1.00 1.00 Mavor & Corrmission Office Manaaer 1.00 1.00 DEPARTMENT TOTAL 17.66 1.34 19.00 770 First Amendment to the FY 2013/14 General Fund, Enterprise, Internal Service and Special Revenue Funds Budgets Page 11 POSITION CHANGES The Adopted FY 2013/14 Position by Department list has been updated below to reflect the changes resulting from the proposed enhancements and reorganizations. FY 2013/14 Departmental Position Details Adopted Budget Enhancements Reorganizations Amended Budget DEPARTMENT FT PT FT PT FT PT FT PT MAYOR & COMMISSION 1,0 19.0 0.0 ADMNISTRATIVE SUPPORT City Manager 13.2 1.3 (0.5) 14.0 0.0 Communications 4.0 1.0 5.0 0.0 Budget & Performance lmprov 15.8 2.0 17.8 0.0 Orgazational Dev & Performance lnitiatiws 2.2 2.2 0.0 Finance 36.5 0.5 37.0 0.0 Information Technology 36.0 36.0 0.0 Human Resources 14.6 1.0 2.0 (1.0) 16.6 0.0 . . Risk Management 5.2 5.2 0.0 Medical & Dental Insurance 1.3 1.3 0.0 City Clerk 9.6 9.6 0.0 Central SeNices 4.4 4.4 0.0 Procurement 8.0 1.0 2.0 10.0 1.0 CITY ATTORNEY 18.7 0.0 1.3 20.0 0.0 ECON DEV & CULTURAL ARTS 0.0 0.0 Real Est, Housing & CoiTYTl Dev 11.0 2.0 11.0 2.0 Buikling 72.5 2.0 74.5 0.0 Planning 25.0 25.0 0.0 Tourism CuHural & . Economic. Dewlopment 21.0 2.0 21.0 2.0 OPERATIONS 0.0 0.0 Coi'TTTllllily Sen.ices 4.0 4.0 0.0 Code Coi'Jllliance 42.0 12.0 2.0 44.0 12.0 Parks & Recreation 167.0 139.0 1.0 (1.0) 167.0 1390 Public Works 149.0 1.0 150.0 0.0 Sanitation 178.0 178.0 0.0 Property Management 50.0 1.0 51.0 0.0 . Capital lrlllrowment Projects 36.0 36.0 0.0 Parking 110.5 29.0 1.0 111.5 29.0 Fleet Mana~11t ..... :;>2.0 (2.0) ........ ,,1,0 ... 23.0 (2.0) PUBLIC SAFETY Police 539.0 14.0 3.0 542.0 14.0 Fire 303.0 48.0 303.0 48.0 TOTALS 1 917.0 246.0 21.0 1.0 1.0 0.0 1 939.0 245.0 CONCLUSION The resolution amending FY 2013/14 budgets will allow the first amendment to the departmental appropriations within the General Fund, Enterprise Funds, Internal Service Funds and Special Revenue Fund budgets to be enacted. This action is necessary to allow for the funding of encumbrances for good and services procured, but not yet received and expended at the end of FY 2012/13, as well as projects that were budgeted in FY 2012/13, but had not been expended or encumbered. The amendment also realigns appropriation to fund additions and service enhaniihents as well as reorganizations and other items. JLM: kr:lstJW ~ 771 ZLL -¥. t Ia' ~~5 ~im !fiJI li r§ Jllll~ tot., llil~ lifi ~~~ ll .. li ~~~~at~ •ji ~~ ~~ .. 1 §I IJ! ;j~ ! I · ~ ~~ 1 i !JI~ . [ 1 iK~~ i! !~hs U!ii! )i !i 1! Kl liir if:~~ 1 .. 1 ~~ !:r I !O!Iil;: J,.il> ~i ... .;m t,r:!' 1 .. re:r!!:t ul;i~ ~.:_ lf> 9 ~., ~~q i"il 1'-~--BiS ·-=-~~~ ~,l!;r f8.iU:!J ~~! Jij O'U'l~ Qi!i~H2 ~ Ji J! ~! rl e i ~! !i ~~ li_ti ~ !~ ai~~~ ~'~ 11~ ;!~~i ~-~~m,j ~ ~! '~ U !if Iii ii Ji II Uili II~ iii~ I ~~~ iii iii!! l!i!! j II~ 5 o · t lri iH H ~~ ij !!il~ !II !II~ !I! iii l!~ii !il!t ! i i :c = ' sl -6 )>~ :;:;> .i >-:i i •11 ~~~ !i ~~~ ii UIU •1r~ UH Hi I! Hili =,~iii : i ~ ! h fa I ~ !F • i ~~~~ i :i a~~ .. ~ ~ izi1 ~ ~ I H I~ I! ~~ ~I mn ,h ~ns jlf ~~~ ~hU ~~··~ I ( : u ~j li r ~~ ~ i~l: ·jj l'i i j• 'i't • ~u·, i'fli• ~ t ! 111 ~~ ~~ ~~ 1 uill m ~~~~ 11~ ~~ ~n~~ ~~~~~ 1 ~ , il J !I h I; 11 I 1 bJh tl! nl! hi ~i dn · tub I t i i RESOLUTION TO BE SUBMITTED 773 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the Second Amendment to the Capital Bud et for Fiscal Year 2013/14. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure Supporting Data (Surveys, Environmental Scan, etcJ: N/A Item Summary/Recommendation: Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital Improvement Plan {"CIP") serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the spring when all departments are asked to prepare capital improvement updates and requests on the department's ongoing and proposed capital projects. Individual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. The CIP is updated annually and submitted to the City Commission for adoption. The 2013/14 - 2017/18 Capital Improvement Plan and FY 2013/14 Capital Budget were adopted on September 30, 2013, by resolution 2013-28354. The First Amendment to the FY 2013/14 Capital Budget was approved on December 11,2013, by resolution 2013-28442. Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. Administration recommends adopting the resolution for the Second Amendment to the FY 2013/14 Capital Budget. The second amendment to the FY 2013/14 Capital Budget totals an increase of $2,675,000 and a re-appropriation of $800,000 in order to provide additional funding to the following four capital projects. 1. Par 3 Golf Course 2. Venetian Islands' Bid Pack C Right of Way Improvement Project 3. City Hall Fourth Floor Carpet Replacement 4. Convention Center Interior Buss Duct Replacement Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 $490,000 306-Mid Beach Quality of Life ~ 2 $185,000 125-Renewal & Replacement 3 $2,000,000 440-Convention Center OBPI Total $2,675,000 Financial Impact Summary: Par 3 Golf Course project: projected to have a $450,000 annual operating cost impact ($2.3M over 5 years); Venetian Islands ROW project-no impact; City Hall 4th Floor Carpet Replacement project -reduced ongoing maintenance costs; Convention Center Buss Duct Replacement -reduced emergency repair costs City Clerk's Office Legislative Tracking: Sign-Offs: GENOA ITEM --'-R-'-1-'-=D_ DATE I-tS"-f Y MIAMI BEACH 774 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City Co~ FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPT G THE SECOND AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2013/14. ADMINISTRATION RECOMMENDATION Adopt the Resolution for the Second Amendment to the Fiscal Year (FY) 2013/14 Capital Budget. BACKGROUND Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital Improvement Plan ("CIP") serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the spring when all departments are asked to prepare capital improvement updates and requests on the department's ongoing and proposed capital projects. Individual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. The CIP is updated annually and submitted to the City Commission for adoption. The 2013/14- 2017/18 Capital Improvement Plan and FY 2013/14 Capital Budget were adopted on September 30, 2013, by resolution 2013-28354. The First Amendment to the FY 2013/14 Capital Budget was approved on December 11, 2013, by resolution 2013-28442. Section 166.241(4}(c.}, Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. Administration recommends adopting the resolution for the Second Amendment to the FY 2013/14 Capital Budget. 775 Resolution Adopting the Second Amendment to the Capital Budget for FY 2013/14 January 15, 2014 Page 2 of3 SECOND AMENDMENT TO THE FY 2013/14 CAPITAL BUDGET The second amendment to the FY 2013/14 Capital Budget totals an increase of $2,675,000 and a re-appropriation of $800,000 in order to provide additional funding to the following four capital projects. 1. Par 3 Golf Course Project -This project requires a budget amendment for an additional $490,000 to accommodate higher than anticipated costs due to market conditions and added scope. This project was initially approved in the FY 2007/08 Capital Plan with a construction budget of $2,954,000. The original scope of work included the renovation of the existing golf course, greens, tees and bunkers as well as irrigation and drainage systems. As the project progressed and as requested by the Commission, several items were added or modified from the original scope. On June 9, 2010 Resolution No. 2010- 27 407 (Exhibit D) and on June 1, 2011, Resolution No. 2011-27677 (Exhibit E) the City approved and adopted the final scope of work as being, a 9 hole Par 3 golf course and lake system; restroom building; a 2,000 square foot splash pad; a 6,000 square foot tot lot; four (4) asphaltic concrete tennis courts and nine (9) parking spaces. In addition, the City requested added scope for an approximate cost of $250,000, to include a connection of the existing storm drainage located on Prairie Avenue and the Par 3 property to the lake system for emergency overflow; that the starter shack be included in the approved GMP and not as an alternate; the three (3) month turf grow in period be performed by the CMR; and that a permanent "fertigation" system be provided. This will be funded from the 306-Mid-Beach Quality of Life Fund. Prior Years' Appropriations $4,970,190 January 15, 2014 Budget Amendment 490,000 Proposed Total Appropriations $5,460,190 2. Venetian Islands' BP13C Right of Way Improvement Project-This project requires a budget amendment for an additional $800,000 for the installation of Automatic Meter Readers (AMR). This type of water meter has the capability of being read from a distance without getting out of the car, therefore increasing employee productivity. Since the project did not include the replacement of water meter, this is an additional scope. This will be funded from funds previously appropriated for the Bayshore A Central Project {423-Water and Sewer funds), which will not be needed to be expended in FY 2013-14. Prior Years' Appropriations $16,716,435 January 15, 2014 Budget Amendment 800,000 Proposed Total Appropriations $17,516,435 776 Resolution Adopting the Second Amendment to the Capital Budget for FY 2013/14 January 15, 2014 Page 3 of 3 3. City Hall Fourth Floor Carpet Replacement -This project includes the removal and disposal of old carpet, as well as the installation of new floor carpet tiles in the Mayor's Office, Commissioner Offices, City Attorney Offices, Public Works Offices, City Manager Offices, Corridors and Common Areas at a cost of $185,000. This will be funded from the 125-Renewal & Replacement Fund. Prior Years' Appropriations $0 January 15, 2014 Budget Amendment 185,000 Proposed Total Appropriations $185,000 4. Convention Center Interior Buss Duct Replacement-Since 2007 there have been 3 separate buss duct failures in various areas of the Convention center causing power outages and requiring emergency repairs. As a result, the City separately funded a series of buss duct and switch gear tests. Recent tests revealed that all four buss duct runs on the east side of the Convention Center can fail at any time. Immediate repairs are required to prevent future power outages from occurring. Normally, these repairs would be submitted and funding as part of the FY 2014/15 capital budget, it is recommended that these repairs be made immediately. The budget for the replacement/repairs is still being refined, but is currently estimated to be approximately $2,000,000. Prior Years' Appropriations $ 250,000 January 15, 2014 Budget Amendment 2,000,000 Proposed Total Appropriations $2,250,000 777 ATTACHMENT A FY 2013/14 CAPITAL BUDGET SOURCE OF FUNDS Amended 01/15/14 Amended Funding Source 12/11/2013 1997 Parking Sys. Rev. Bonds $ 217,000 2003 GO Bonds-Neighborhood Improvement 148,000 2003 GO Bonds -Parks & Beaches 553,000 2010 Parking Bonds Reso. 2010-27491 160,000 7th Street Garage 1,900,000 Capital Projects Not Financed by Bonds 89,000 CityCenter RDACapital Fund 15,073,000 Capital Reserve 691,355 Communications Fund 40,000 Convention Center 1,701,000 Equipment Loan/Lease 4,644,000 Fleet Management Fund 160,000 Gulf Bree.ze 2006 (83,759) Half Cent Transit Surtax-County 1,569,000 Info & Communications Technology Fund 486,000 Local Option Gas Tax 544,000 lvl3 QualityofLife Resort Tax Fund -1% 534,000 MDC COT lnterlocai-CDT/Resort Tax Eligib 4,000,000 Miami-Dade County Bond 2,933,581 NB Quality of Life Resort Tax Fund -1% 678,000 Parking Operations Fund 1,109,000 Pay-As-You-Go 1,726,000 RDA-Anchor Garage Fund 485,000 Renewal & Replacement Fund 2,561,000 SB Quality of Life Resort Tax Fund -1% 980,000 South Pointe Capital 4,283,000 South Pointe RDA 1,636,000 Storm WaterBnd Fund 431 RES0#2011-27782 529,000 Stormwater Bonds 2000S (256,000) Stormwater LOC Reso. No 2009-27076 2,007,419 W&S GBL Series 2010 CMB Reso 2009-27243 81,759 HUD Section 108 Loans 17,391 Water and Sewer Bonds 2000s 34,000 People's Transportation Fund 13,000 Total Appropratlon as of 1/15/14 $ 51,243,746 Amended 1/15/14 Revised $ 217,000 148,000 553,000 160,000 1,900,000 89,000 15,073,000 691,355 40,000 2,000,000 3,701,000 4,644,000 160,000 (83,759) 1,569,000 486,000 544,000 490,000 1,024,000 4,000,000 2,933,581 678,000 1 '109,000 1,726,000 485,000 185,000 2,746,000 980,000 4,283,000 1,636,000 529,000 (256,000) 2,007,419 81,759 17,391 34,000 13,000 $2,675,000 $ 53,918,746 The Venetian Automatic Meter Reader project will be funded from funds previously appropriated for the Bayshore Bid Pack A Central project, which wiflnotbe expended in FY2013/14. 778 ATTACHMENT B FY 2013/14 CAPITAL BUDGET PROGRAMS Amended 01/15/14 Amended Amended Program Area 12/11/2013 1/15/14 Art in Public Places $381,000 Bridges 185,000 Convention Center 1,700,000 2,000,000 En vi ron mental 2,275,000 Equipment 8,626,000 General Public Buildings 3,750,000 Golf Courses 477,000 490,000 Information Technology 493,000 IVIonuments 189,000 Parking 204,000 Parking Garages 12,525,000 Parking Lots 459,000 Parks 4,450,000 Renewal & Replacement 5,818,000 185,000 Seawals 121,000 Streets/Sidewalk Imps 5,295,746 Transit/Transportation 3,432,000 Utilities 863,000 Total Appropratlon as of 1/15/14 $ 51,243,746 $2,675,000 Revised $381,000 185,000 3,700,000 2,275,000 8,626,000 3,750,000 967,000 493,000 189,000 204,000 12,525,000 459,000 4,450,000 6,003,000 121,000 5,295,746 3,432,000 863,000 $ 53,918,746 The Venetian Automatic Meter Reader project will be funded from funds previously . appropriated for the Bayshore Bid Pack A Central project, which will not be · expended in FY20 13/14. 779 ATTACHMENT C CAPITAL BUDGET PROJECT Amended 01/15/14 Capital Project Name Current Capital Budget Par 3 Golf Course $4,970,190 Replace Carpet on City Hall 4th Floor 0 Veneitian Neighborhood-Venetian Islands 16,716,435 Bayshore Bid PackACentral 28,576,435 Convention Center lnteriror Bus Duct Replacement 250,000 Total $50,513,060 780 Amended Revised Capital 1/15/14 Budget $490,000 $5,460,190 185,000 185,000 800,000 17,516,435 (800,000) 27,776,435 2,000,000 2,250,000 $2,675,000 $53,188,060 ~8L )( _; li; 111 ~:1 iJi tf !I Jllfflf .. lilf llflf lllf lif !I~If lliliif ~~ If I! 1; ir ~~~ i~r ~~ !~ I s!li l1!i !i1ii Jiii ;!i Jili~ !I! ~~ ~~ ~~ s I u; II ~i II lliJJ ~"i lu.a ~li i)f •fiJI ~~Zl~~ . ·~ n, m ;I b b Ji~ U1 d!i U! if! Um din ! 1 i :r: ~~~ til ~i _!! ~~ l! ~iiil li! i;~~ !I! ;j l!~!! ~i-fi ~ I i a; ! u h ~~ ! !~!il l!i ~~~= :li ~~ ~~1~i iifi~ ~ i I ~~~ ~ !ili -~~ )> :~ S '3: '!r i z m li I• i ~~ I "i Ji 1 { iJi1j ij~ !!J~ iJi Ji ~~~~ ~Jfjj :1 J ~ ~~ U ~j ;I 1i ! r ~~~~i ill Ji·i h~ II ilil JIJ;I II 1! l n h b il I l bJh tt! n!! nl ~i fin ~~~b I t 1 ~ L-.------------___..;,____;__...;.__ _ _..m C7 -Resolutions R7E A Resolution Setting Forth An Order [Granting Or Denying] An Appeal Request Filed By Patricia Fuller, Pertaining To A Decision Of The Design Review Board ("ORB") For The Property Located At 1 Washington Avenue -South Pointe Park (File No. 22977). 11 :50 a.m. Public Hearing (Parks & Recreation/Planning/City Attorney's Office) (Continued from December 11, 2013) (Memorandum to be Submitted in Supplemental) 782 Agenda Item RJ E Date I-l s:-HI £8L X i r~ i'i 111 iJJl fi !i JlfiJ~ I~Ji ~~~~~ ~~~~ lfi fllfi lill~i i! li il > ! IIJ~ i5 f) J ~~ &'~ li'i ;pi~ a-Ji~ .lj ~ i~~~ ~~~ !~Sf·~ i~~i~~ ~~ If~ cs > m §" s.,. It:. i ... sl:~ 1 .... 1-~iL.! .... i ... ~ ... a-..:ll ltl:PI~:. U·;li:~~> :.~• :f ... .:c:~ -S I u~ il ~~ II II~~~ ~.f~ i16·~ ~~i !JI ll!lii ~r~ji-1 . ~ "i ~h m ;r h h .Ju !II dh m s1· fl!lfi Jd!i ! ~ 1 :c Dl i ~ Q If~,~. i II ~! ~~ Jlfii ilJ Jl"" 9J~ 3Ji r• !$ 'IJil • HI !i u n i! Jill! n~ u!i m ri nnl ltn f i J fA )>; >~ >-J -p: t:D ~ I. li II H li ~~ IUU Iii t1ii·1' a! ~~ UUI um i i I 1: t i 't-'~~ a' I;Dfll !'II II i!IS it ltQi '•'II Q. ~ ~~ • !r_ !I 1: l I z~ a~ I J ; ul Hi ii !;!! idJ ! i ! Ji 'a:l !!;:3 ] iif IZ J! 11 ~-~ ~f~~~ ~~ai ~~~~ I!~~ ii ~~~~ lliii 1¥ I ~ ;~ 1 ~~ !i ;; il ; ;IJgJ t ft Iii! ~~. ~i Jrl~ it!r~ t I 1 ~----------------------~~~~~----~m COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Ratifying a Memorandum of Understandin Between the Cit of Miami Beach and the International Association of Fire Fi hters IAFF}, Local 1510. Ke Intended Outcome Su orted: Item Summary/Recommendation: On September 30, 2012, the three-year collective bargaining agreement between the City of Miami Beach and the IAFF (covering the period of October 1, 2009 through September 30, 2012) expired. Negotiations for a successor agreement began and after ten formal negotiation sessions and several informal discussions, a three-year labor agreement covering the period October 1, 2012 through September 30, 2015, was ratified by the City Commission on July 19, 2013. On August 7, 2013, the IAFF notified the City that 85 percent of the voting membership voted in support of the contract On September 11, bargaining unit members filed an unfair labor practice (ULP} charge with the Public Employees Relations Commission (PERC) in which the charging parties alleged the City had unilaterally changed negotiated and agreed upon terms and conditions of employment to their detriment The charge was dismissed and later amended and refiled. Subsequently, on behalf of the same party, the IAFF submitted a formal grievance alleging the City had violated the collective bargaining agreement as it had negotiated a provision for members hired as a result of the consent decree and the City had not amended the ordinance accordingly. This benefit included allowing members hired pursuant to the consent decree to maintain their Rule of 70 retirement without a minimum age requirement. After a number of discussions and a collective bargaining session between the City and IAFF, including the parties' respective legal representatives, the parties reached a Memorandum of Understanding (MOU) providing that any fire fighter member hired pursuant to the consent decree could retire when the sum of the member's age and creditable service equals at least 70, with no minimum age requirement This MOU changes terms and conditions of employment, therefore, it requires ratification by both the IAFF membership and the City Commission. On December 6, 2013, the IAFF reported that 115 members had voted in support of the MOU and 23 against. The administration recommends that the City Commission adopt the resolution to ratify the MOU between the City and the IAFF bargaining unit, amending the Rule of 70 retirement benefit for those Fire and Police Pension Plan members covered by the IAFF who were hired as a result of the consent decree, consistent with those members covered by the FOP who were also hired as a result of the consent decree. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 NA NA D 2 NA NA 3 NA NA OBPI Total NA Financial Impact Summary: The actuarial impact is negligible since this change affects two fire fighter members only. Department Director Assistant City Manager Sylvia Crespo-Tabak ENDA\20141January\IAFF MOU\IAFF 2012-2015 MOU Summary doc.docx MIAMI BEACH 784 City Manager AGENDA ITEM DATE F<7F I-lk--tV I I MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flarida 33139, www.miomibeochfl.gav TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Members o the City CoJmission Jimmy L. Morales, City Manager . ---~ January 15, 2014 A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, (IAFF), LOCAL 1510, PERTAINING TO RETIREMENT BENEFITS, IN FURTHERANCE OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND On September 30, 2012, the three-year collective bargaining agreement between the City of Miami Beach and the IAFF (covering the period of October 1, 2009 through September 30, 2012) expired. Negotiations for a successor agreement commenced prior to the expiration of the three-year collective bargaining agreement that covered the period of October 1, 2009 through September 30, 2012. On July 19, 2013, the City and IAFF ratified the three-year labor agreement covering the time period from October 1, 2012 through September 30, 2015. On August 7, 2013, the IAFF notified the City that 85 percent of the voting membership voted in support of the contract. ANALYSIS On September 11, 2013, bargaining unit members filed an unfair labor practice (U LP) charge with the Public Employees Relations Commission (PERC) in which the charging parties alleged the City had, to their detriment, unilaterally changed negotiated and agreed upon terms and conditions of employment. The charge was dismissed and later amended and refiled, this time with only one filing party. Subsequently, on behalf of the same party, the IAFF submitted a formal grievance alleging the City had violated the collective bargaining agreement as it had negotiated a provision for members hired as a result of the consent decree and the City had not amended the ordinance accordingly. This benefit included allowing members hired pursuant to a consent decree to maintain their Rule of 70 retirement age eligibility with no minimum age requirement. After a number of discussions and a collective bargaining session between the City and IAFF, including the party's respective legal representatives, the parties reached a Memorandum of Understanding (MOU) providing that any fire fighter member hired pursuant to the consent decree could retire when the sum of the member's age and creditable service equals at least 70, with no minimum age requirement. This MOU changes terms and conditions of employment, therefore, it requires ratification by both the IAFF membership and the City Commission. On December 6, 2013, the IAFF reported that 115 members had voted in support of the MOU and 23 against. The memorandum of understanding is provided as Attachment 1. The Fire and Police Pension Plan actuary has advised that implementing this change for those members covered by the IAFF who were hired as a result of the consent decree will not result in any significant impacts to the Plan, as there are 785 City Commission Memorandum January 15, 2014 IAFFMOU Page 2 of2 only two members affected. CONCLUSION The administration recommends that the City Commission adopt the resolution to ratify the MOU between the City and the IAFF bargaining unit, amending Rule of 70 retirement benefits for those Fire and Police Pension Plan members covered by the IAFF who were hired as a result of the consent decree, to be consistent with those members covered by the FOP who were also hired pursuant to the consent decree. Attac~nt JLM/~SC-T T:\AGENDA\2014\..January\IAFF MOU\IAFF 2012-2015 MOU Commission Memo.doc 786 '·, RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, (IAFF), LOCAL 1510, PERTAINING TO RETIREMENT BENEFITS, IN FURTHERANCE OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT. WHEREAS, the Administration is hereby submitting to the Mayor and City Commission the attached Memorandum of Understanding pertaining to pension benefits recently negotiated between the City and the International Association of Fire Fighters, (IAFF), Local 1510, for the employees covered by the IAFF collective bargaining unit; and WHEREAS, Exhibit A to the resolution is a copy of the Memorandum of Understanding executed between the City and the IAFF; and WHEREAS, the IAFF bargaining unit ratified the Memorandum of Understanding with a majority of the bargaining unit members who voted doing so in favor of the adoption of said memorandum; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approving and authorizing the Administration to execute the Memorandum of Understanding between the City and the IAFF, pertaining to retirement benefits, in furtherance of the 2012-2015 collective bargaining agreement between the City and IAFF. PASSED AND ADOPTED this __ day of-------' 2014. ATTEST: RAFAEL GRANADO CITY CLERK 787 PHILIP LEVINE MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUOON ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into, by, and between the City of Miami Beach ("City") and the International Association of Fire Fighters, Local 1510 ("Union"). The Parties agree that Section 66 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended in pertinent part to read: Sec. 66. Service and disability benefits generally. (a) The Board shall, upon application retire members meeting any one of the following requirements: * * * (4) The sum of the member's age and Creditable Service equals at least 70 and the member retires on or after October 1, 1998; provided, effective September 30, 2013, a member hired before July 14, 2010 must attain age 47 to be eligible for retirement under this paragraph ( 4); and a member hired on or after July 14, 2010 must attain age 48 to be eligible for retirement under this paragraph (4); and provided further, any member hired prior to July 14, 2010 who completes a buyback of prior Creditable Service prior to September 30, 2013 and reaches the maximum pension benefit of 85% of average monthly Salary prior to attaining age 47, the employee contribution shall cease on the date such employee reaches the 85% maximum pension benefit, and his/her final average monthly Salary will be frozen on the same date. Notwithstanding the preceding sentence, any police officer or firefighter member hired pursuant to a consent decree may retire when the sum ofthe member's age and Creditable Service equals at least 70. * * * [INTENTIONALLY LEFT BLANK] 788 IN WITNESS WHEREOF, subject to due ratification by vote of the bargaining unit members and by vote of the City Commission, and intending to be legally bound, the Parties hereby execute this MOU. INTERNATIONAL ASSOCIATION OF FIRE FIGHT S OCA 1 City M nager President DATE I I 789 EXHIBIT A lVfEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into, by, and between the City of Miami Beach ("City") and the International Association of Fire Fighters, Local 1510 ("Union"). The Parties agree that Section 66 ofPart 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended in pertinent part to read: Sec. 66. Service and disability benefits generally. (a) The Board shall, upon application retire members meeting any one of the following requirements: * * * (4) The sum of the member's age and Creditable Service equals at least 70 and the member retires on or after October 1, 1998; provided, effective September 30, 2013, a member hired before July 14, 2010 must attain age 47 to be eligible for retirement under this paragraph (4); and a member hired on or after July 14, 2010 must attain age 48 to be eligible for retirement under this paragraph (4); and provided further, any member hired prior to July 14, 2010 who completes a buyback of prior Creditable Service prior to September 30, 2013 and reaches the maximum pension benefit of 85% of average monthly Salary prior to attaining age 4 7, the employee contribution shall cease on the date such employee reaches the 85% maximum pension benefit, and his/her final average monthly Salary will be frozen on the same date. Notwithstanding the preceding sentence, any police officer or firefighter member hired pursuant to a consent decree may retire when the sum of the member's age and Creditable Service equals at least 70. * * * [INTENTIONALLY LEFT BLANK] 790 IN WITNESS WHEREOF, subject to due ratification by vote of the bargaining unit members and by vote of the City Commission, and intending to be legally bound, the Parties hereby execute this MOU. INTERNATIONAL ASSOCIATION OF FIRE FIGHT OCA 1 President 11/2-o /, 3 DATE~ I 791 COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Maria Ruiz as the Director of the Office of Housing and Community Develo ment 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 Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: In May of 2013, the City's Director of Real Estate, Housing and Community Development, was separated from employment. To ensure continuity of operations and undertake a number of special projects, Max Sklar, Tourism, Culture and Economic Director, assumed responsibility for asset management and redevelopment and Maria Ruiz, then Director of the Community Services Division, assumed responsibility for Housing and Homeless Outreach. Each has done an outstanding job in their respective areas of expertise. As a result, Max Sklar will retain permanent responsibility for the asset management and redevelopment functional areas. After careful consideration. to ensure our residents, businesses and visitors continue to receive the highest levels of services; I have created The Office of Housing and Community Services as a standalone department with Ms. Ruiz as the Director. In the past seven months. Ms. Ruiz has demonstrated outstanding leadership skills, subject matter expertise, stamina, tenacity and a strong commitment to the City of Miami Beach. In her 18 years of service with the City, Ms. Ruiz' responsibilities have included compliance and operations oversight for the City's entitlement funds from the U.S. Department of Housing and Urban Development, including Community Development Block Grants, HOME Investment Partnerships, and Neighborhood Stabilization Program 1 & 3, as well as the State Housing Initiatives Program. She has also maintained responsibility and oversight of the City's Answer Center, Emergency Food and Shelter Program and Homeless Outreach services. Ms. Ruiz serves as the Chief Executive Officer of the Miami Beach Service Partnership, a collaborative among profit and non-profit human service providers to improve services for our community's youth and families. She oversees three Children's Trust-funded programs: Success University, Morning All Stars and the Parent-Child Home Program. Mr. Ruiz has proven to be an effective leader who is strongly committed to maintaining transparency throughout this organization. I am confident that her excellent management skills and dedicated work habits will help the organization succeed as we continue to implement positive changes. 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 Maria Ruiz as the Director of the Office of Housing and Community Development for the City of Miami Beach. IN/A Advisory Board Recommendation: Financial Information: Source of Funds: Amount Account Approved 1 D 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Sign Offs· -. Department Director Assistant Citylllanager City M' !lj_ger SCT KGB~ JLM I I T:1Joo.GENDA\20141January\Maria Ruiz\Ruiz Director Summary.docx / I Agenda Item fl7(r 792 Date f..-(<;.-/<( MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.miamibeachfl.gov N MEMORANDUM TO: Mayor Philip Levine and Members DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORID , CONSENTING TO THE APPOINTMENT OF MARIA RUIZ AS THE DIRECTOR OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 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 Maria Ruiz as the Director of the Office of Housing and Community Development for the City of Miami Beach. BACKGROUND In May of 2013, the City's Director of Real Estate, Housing and Community Development, was separated from employment. To ensure continuity of operations and undertake a number of special projects, Max Sklar, Tourism, Culture and Economic Director, assumed responsibility for asset management and redevelopment and Maria Ruiz, then Director of the Community Services Division, assumed responsibility for Housing and Homeless Outreach. Each has done an outstanding job in their respective areas of expertise. As a result, Max Sklar will retain permanent responsibility for the asset management and redevelopment functional areas. I watched Ms. Ruiz work, interacted with her on a regular basis, and as a result got first hand exposure to her leadership skills, work ethic and commitment to the City of Miami Beach. Therefore, as I continue to realign the reporting structure in the organization, appointing Ms. Ruiz to serve as the Director of the Office of Housing and Community Development was the natural progression of our professional relationship. Ms. Ruiz has been serving as the Division Director of the City of Miami Beach's Office of Community Services where she oversees youth and elder services. Since she was tasked with also overseeing the Housing & Community Development Division and Homeless Outreach services, her responsibilities have included: compliance and operations oversight for the City's entitlement funds from the U.S. Department of Housing and Urban Development; Community Development Block Grants; HOME Investment Partnership, and Neighborhood Stabilization Programs 1 & 3, as well as the State Housing Initiatives Program. As the Community Services Division Director, Ms. Ruiz is also responsible for oversight 793 City Commission Memorandum-Ruiz Director January 15, 2014 Page 2 of 2 of the City's Answer Center; Emergency Food and Shelter Program; Morning All Stars (a Children's Trust-funded program servicing sixth and seventh grade students); Parent- Child Home Program (a Children's Trust-funded program providing home visitation and free books and toys to infants and toddlers); Success University (a Children's Trust- funded program intended to strengthen the City's community-based services and its providers); City of Miami Beach Travel & Tourism Scholarship Program; Citywide grants oversight; Elder outreach and service coordination including Alliance for Aging site and the ACCESS Florida service site. In her 18 years of service with the City, Ms. Ruiz has worked with and provided direct support to several other departments including the Log Cabin Training Center, Building Department and the Office of Code Compllance. Ms. Ruiz serves as the Chief Executive Officer of the Miami Beach Service Partnership, a collaborative among profit and non-profit human service providers to improve services for our community's youth and families. Her experience is wide as she has worked in other disciplines or industries including non-government agencies (NGO), human services, state government, education, manufacturing, agriculture and construction. She is a graduate of the University of Miami with degrees in Communication and Criminal Justice and is certified in several curricula including 7 Habits of Highly Effective People, 7 Habits of Highly Effective Families, 7 Habits of Highly Effective Teens, Family Group Conferencing and All Stars. Ms. Ruiz' community service has included work with Barry University's Physician Assistant Program, the Aqua Foundation for Women, and Miami Beach Community Health Center. She was named a Woman Worth Knowing in 2000 and is a past recipient of the Green Family Foundation's United Way American Values award. CONCLUSION Mr. Ruiz has proven to be an effective leader who is strongly committed to maintaining transparency throughout this organization. I am confident that her excellent management skills and exceptional work habits will prove to be successful as we continue to implement positive changes throughout this organization. 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 confir,. Maria Ruiz as the Director of the Office of Housing and Community Devel ent. JLM/K ~SC-T/CMG t:\agenda\2014~anuary\maria ruiz\ruiz director memo.docx 794 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF MARIA RUIZ AS THE DIRECTOR OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has designated the Office of Housing and Community Development as a standalone department; WHEREAS, the City Manager has appointed Maria Ruiz as the Director of the Office of Housing and Community Development 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 Maria Ruiz as the Director of the Office of Housing and Community Development 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 Maria Ruiz as the Director of the Office of Housing and Community Development for the City of Miami Beach. PASSED and ADOPTED this __ day of--------' 2014. ATTEST: RAFAEL GRANADO, CITY CLERK T:\AGENDA\2014\January\Maria Ruiz\Ruiz Director Resolution docx 795 PHILIP LEVINE, MAYOR APPROVED AS TO fOR:\\ 8t li\,NGUAOE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Hernan D. Gardena as the Director of the Code Compliance Department for the Cit of Miami Beach. Key Intended Outcome Supported: 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 a result me the constantly assessing and reassessing how we deliver services, and my commitment to ensuring that our residents, businesses and visitors continue to receive the highest levels of services, I have determined that it is in the organization's best interest to make the Code Compliance Division a standalone department and that Hernan D. Gardena is the person best suited to lead this functional unit. Due to the workload in the Building Department and the critical role code compliance plays in determining a city's character, this separation will lead to a 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 in the City of Miami Beach. Code Compliance is primarily responsible for maintaining neighborhoods and the community's quality of life. Common code violations include: zoning violations, minimum housing standards, property maintenance standards, noise, real estate signs, signs in right-of-way, sign regulations, sidewalk cafe regulations, business tax receipts, certificates of use, illegal vendors, construction hours, operating hours for nightclubs, bars, liquor stores; hours of sale of liquor, and marine regulations. During his tenure with the City, Hernan Gardena 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 trust and confidence in City services and employees. Mr. Cardeno has an extensive law enforcement background of over 29 years and currently serves as a Miami Beach Reserve Police Officer. In addition, he holds a Juris Doctor Degree from Nova Southeastern University's Shepard Broad Law Center. Conversations with Mr. Gardena regarding his appointment as Director resulted in him agreeing not to accept new clients and to stop practicing law once he has fulfilled his professional commitment to his current clients. 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 to and confirming Hernan D. Gardena, as the Director of the Code Compliance Department for the City of Miami Beach. I N/A Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 c 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Le islative Trackin Sylvia Crespo-Tabak, Human Resources s· ott s: 1gn- Department Director Assistant Cit~ Jttanager SCT~.,-KGBJ, I L T:\AGENDA\2014\Janua \Hernan Cardeno\Cardeno Code Di·~~•A· Summa .docx ry 796 ry Account "' City 'fl< JLM Approved W,.ager v Agenda Item ,~-,H Date /-1 S-(~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WW"W.miamibeachA .gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORID CONSENTING TO THE APPOINTMENT OF HERNAN D. CARDENO 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 as the Director of the Code Compliance Department for the City of Miami Beach. BACKGROUND 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 that it is in the City's best interest to make the Code Compliance Division a standalone department. In doing so, I have appointed Hernan D. Gardena 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 and leadership skills. Mr. Gardena 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; then serving as Assistant 797 City Commission Memorandum-Consenting and Confirming Hernan D. Gardena, Esq. as Director of Code Compliance January 15, 2014 Page 2 of2 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. Gardena 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. Gardena 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. Conversations with Mr. Carden a regarding his appointment as Director resulted in him agreeing not to accept new clients and to stop practicing law once he has fulfilled his professional commitment to his current clients. CONCLUSION During his tenure with the City of Miami Beach, Mr. Cardeno has proven to have excellent leadership and management skills. He has been instrumental in implementing positive changes in the Code Compliance Department and is ready to step up to important tasks we have identified in North Beach, Lincoln Road, Ocean Drive and other areas 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 confir~m· Hernan D. Cardeno, Esq. as the Director of the Code Compliance Depart nt. JLM/KG 7SC-T/CMG t:\agenda\2014~anuary\hernan cardeno\cardeno code director.docx 798 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. Cardeno 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. Cardeno 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--------' 2014. ATTEST: RAFAEL GRANADO, CITY CLERK PHILIP LEVINE, MAYOR APPROVED AS TO fORf,.\ 8t lANGUAGE & FOR EXECUnON T:\AGENDA\2014\January\Hernan Cardeno\Cardeno Code Director Resolution.docx 799 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 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 learned professionals, project managers with different areas of expertise 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. The City Commission approved a resolution consenting and confirming David D. Martinez, P.E. as the Acting Director of CIP at the June 5, 2013, City Commission meeting. In the past few months, he has demonstrated that he has the personality, leadership skills and subject matter expertise to lead the department on a more permanent basis. 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: I N/A Financial Information: Source of Amount Account Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Sylvia Crespo-Tabak, Human Resources Sign-Offs: Department Director Assistant Ci17)Manager SCT~ KGB Z!D_ ., T:IAGENDA\2014\January\David Martinez\Martinez CIP Director CIP Summary.docx 800 l City M'f JLM • Approved ager ~ Agenda Item R l r Date 1-1¥-14 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMI SION MEMORANDUM TO: Mayor Philip Levine and Members of the Cit FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAY AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORID , 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 D. 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 D. 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 801 City Commission Memorandum-consenting and confirming David D. Martinez as the Director of CIP January 15, 2013 Page 2 of 2 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. ln 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 conflict resolution has allowed him to maintain excellent relationships with contractors and vendors after successfully negotiating contracts to the satisfaction of all parties and resolving problems. CONCLUSION I believe David has earned the Director title these past seven 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 understaffed. As Director, he will now have the opportunity to fill positions, including a critical Assistant Director position. Finally, he 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 Proje1\J JLM/K~/SC-T/CMG T:IAGENDA\2014\.January\David Martinez\Martinez CIP Director Memo.docx 802 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--------· 2014. ATTEST: RAFAEL GRANADO, CITY CLERK PHILIP LEVINE, MAYOR APPROVED~ TO FORM&. LAt.JGUAGE & FOR EXECUnON ~~ T:\AGENDA\2014\January\David Martinez\Martinez CIP Director Resolution.docx 803 COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Thomas R. Mooney as the Acting Director of the Planning Department for the Cit of Miami Beach. Key Intended Outcome Supported: • Improve Building Development Related Processes • Maintain strong development management policies • Protect historic building stock Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The Planning Department prepares, administers, updates, and maintains Neighborhood, Cityvvide and Comprehensive plans, the Land Development Regulations of the City Code, as well as technical data for the City pursuant to Florida Statues. The Planning Department consists of four sections: Planning, Zoning, Neighborhood Planning and Urban Design & Historic Preservation. Mr. Mooney's experience and dedication, evidenced by his twenty years of service to the City, has perfectly prepared him to lead the Planning Department through an exciting new era. As such, I proudly present him for your confirmation as the Acting Planning Director. 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 Thomas R. Mooney as the Acting Director of the Planning Department for the City of Miami Beach. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 c 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Le islative Tracking: Sylvia Crespo-Tabak, Human Resources s· Off s: 1gn-.. Department Director Assistant City Manager City ~~nager SCT ..:x!.-1 KGB JLM)' r' L C:\Users\CMGRJimJ\Mooney Acting Planning Director Summary.docx lJ Agenda Item R 1 J 804 Date 1-IS"-IV MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Phillip Levine and Members the Cit.o .. mmi:ion Jimmy L. Morales, City Manager . \'-f-- January 15, 2014 A RESOLUTION OF THE MAYO AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF THOMAS R. MOONEY, AICP, AS THE ACTING DIRECTOR OF THE PLANNING 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 Thomas R. Mooney as the Acting Planning for the City of Miami Beach. ANALYSIS Mr. Mooney, a twenty year employee of the City, is certified by the American Institute of Certified Planners. He holds a Bachelor of Arts in Political Science as well as a Master of Public Administration degree in Urban and Regional Planning. Mr. Mooney began his career with the City in 1993 as a Senior/Principal Planner. In the subsequent twenty years, he helped lead the Department as both the Design Preservation Manager and the Planning and Zoning Manager. In those capacities, Mr. Mooney has guided every Land Use Board in the City. As the Design Preservation Manager, Mr. Mooney was responsible for staffing the Design Review Board and the Historic Preservation Board. While he was the Planning and Zoning Manager, Mr. Mooney staffed the Planning Board and the Board of Adjustment. In these capacities, Mr. Mooney has been a large and integral part in shaping the Land Development Regulations of the City of Miami Beach. This experience will prove invaluable going forward in reshaping these regulations to conform to new and prevailing circumstances facing the City. Additionally, Mr. Mooney's tenure with the City has allowed him to develop invaluable relationships with the development community, the historic preservation community and other groups interested in shaping the City of Miami Beach. Mr. Mooney has proven himself to be a balanced and intellectually honest planner, guided only by a desire to better the City and the Department he is nominated to direct. CONCLUSION The appointment of Thomas R. Mooney as the Acting Director of the Planning 805 City Commission Memorandum -consenting and confirming Thomas R. Mooney as the Acting Planning Director January 15, 2014 Page 2 of2 Department will ensure that the City continues to move forward and build on the success of the City's planning initiatives and informed implementation of long overdue amendments to the City's policies and procedures. 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 Thomas R. Mooney as the Acting Director of the Planning Department. C:\Users\CMGRJimJ\Mooney Acting Planning Director Memo.docx 806 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF THOMAS R. MOONEY AS THE ACTING DIRECTOR OF THE PLANNING DEPARTMENT FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Thomas R. Mooney as the Acting Director of the Planning 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 Thomas R. Mooney as the Acting Director of the Planning Department for the City of Miami Beach until a permanent Director is selected. 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 Thomas R. Mooney as the Acting Director of the Planning Department for the City of Miami Beach. PASSED and ADOPTED this __ day of ________ , 2014. ATTEST: CITY CLERK C:\Users\CMGRJimJ\Mooney Acting Planning Director Resolution.doc 807 MAYOR APPROVED AS TO fORM & LANGUAGE & FOR EXECUTION ~'?.-.L t!g/;y Ci1y Ati~ Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission, Approving and Authorizing the City Manager to Recapture and Reallocate CDBG and HOME funds; Amend the FY 2008 through FY 2013 Actions Plans; Issue a Notice of Public Meeting on the Proposed Substantial Amendments; and Issue a Request for Proposals (RFP} for the Recaptured HOME Funds. Key Intended Outcome Supported: Increase Access to Workforce or Affordable Housing Supporting Data (Surveys, Environmental Scan, etc.); 1) 62% of residents rate the availability of workforce housing as too little/not enough; 2) the number of affordable housing units is 4,796 Item Summary/Recommendation: The City receives annual funding from HUD that requires the submission of a Five-Year Consolidated Plan establishing the strategic framework upon which the City will utilize its funds. The Plan is then augmented and refined via the City's annual One-Year Action Plan which delineates the specific projects and activities funded by each year's HUD allocation. CDBG and HOME require timely expenditure. HOME funds must be committed within two years of receipt and expended within five years. CDBG requires that the City have no more than 1.5 times its current annual allocation in its line of credit by August 2"d. To ensure compliance, staff reviewed outstanding funded projects to determine the appropriateness of recapture using the following criteria: • Projects failing to adhere to timeliness standards (including if it has not commenced}; • Sub-recipient's capacity to expend funds has substantially changed since contract award; and/or • Sub-recipient's contracts have expired and are not viable for renewal given the Sub-recipient's current fiscal and/or operational conditions. Recaptured funds require an Action Plan amendment to HUD. Further, a 30-day public comment period is required. Subsequently, the City will issue a Request For Proposals (RFP) to allow entities to apply for recaptured funds. The RFP will be reviewed by the Affordable Housing Advisory Committee and Loan Review Committee. The City has revamped its HUD RFP process to improve the responsiveness of applications, embed program requirements to ensure that applicants submit viable projects, and facilitate the consistent and uniform review of applications. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 $169,678.96 136.1931.XXX, 138.519115415,5453/5816.XXX D 2 $ 453,156.00 130.511 0/522915230/5432/5442/5446.XXX 3 $ 1 ,591 ,321.49 179.5228f5229.XXX, 180.5230/5231.XXX, 181.522615230/5231.XXX 4 $125,664.81 Unallocated CHDO Operating & Multi-year CDBG Funds OBPI Total $2,339,841.26 Financial Impact Summary: Cit Clerk's Office Le islative Trackin : Maria Ruiz/ Housing & Community Development s· Off tgn~ s: Department Director Asst!l ~nt City Manager ~ity Manager MLR --KGBA ~ MIAMI BEACH 808 JLM-f ~ "" AGENDA ITEM DATE Rl k (-l~-)4 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Philip Levine and Members of the FROM: Jimmy Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP OVING AND AUTHORIZING THE CITY MANAGER TO RECAPTURE AND REALL ATE $748,477 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND $1,591,363 OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS; AMEND THE FY 2008 THROUGH FY 2013 ACTION PLANS; ISSUE A NOTICE OF PUBLIC MEETING ON THE PROPOSED SUBSTANTIAL AMENDMENTS TO THE CITY'S FY 2008 THROUGH 2013 ACTION PLANS, TO INCLUDE A THIRTY (30) DAY PUBLIC COMMENT PERIOD; AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE RECAPTURED HOME FUNDS TO ENSURE COMPLIANCE WITH THE UNITED STATES HOUSING AND URBAN DEVELOPMENT (HUD} DEPARTMENT'S RULES AND REGULATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City is a U.S. Housing and Urban Development (HUD)-designated entitlement community, as determined by the decennial census information on population growth lag, age of housing stock, and poverty. The City was designated a Community Development Block Grant (CDBG) entitlement city in 1975. The City has been receiving HOME Investment Partnership (HOME) Program funds since the program's creation in 1992. HOME provides funding specifically for affordable housing "to strengthen public/private partnerships and expand the supply of decent, safe, sanitary, and affordable housing with primary attention to rental housing for very low- income families." As an entitlement community, the City receives an annual allocation of HUD funding. HUD requires participating jurisdictions to submit its Five-Year Consolidated Plan which establishes the strategic framework upon which the City will then subsequently utilize its funds. The Consolidated Plan is then augmented and refined via the City's annual submission of the One- Year Action Plan which delineates the specific projects and activities funded by each year's HUD allocation. The City traditionally uses its CDBG funds for a variety of public benefit activities including vital public services, housing activities, code enforcement, and improvements to public facilities, such as youth centers and senior centers. HOME funds are strictly used for affordable housing activities including multi-family rentals and first time homeownership. Both CDBG and HOME have timeliness requirements stipulating the use of HUD funds. HOME requires its funds to be committed within two years of receipt and expended within five years. CDBG requires that the City have no more than 1.5 times its current annual allocation in its line of credit 60 days before the end of its program year (September 301h). The City has met HUD's timeliness test each year. 809 January 15, 2014 Page 2 HUD further requires its entitlement jurisdictions ensure that funded activities are carried out as intended and within the timeframe allowed. From time-to-time, it may be necessary for the City to process a "Substantial Amendment" to the Five Year Consolidated Plan or One Year Action Plans to allow for new CDBG-and HOME-funded activities; modification of existing activities; or other administrative program actions. The City is required by HUD [24 CFR 91.505 (b)] to identify the criteria to be used in determining if a proposed action will be considered a "Substantial Amendment", as follows: • Addition of a new activity or project not previously described in the Consolidated or Action Plan. • Deletion of an activity or project previously described in the Consolidated or Action Plan. • Change in the purpose, scope, location or beneficiaries of an activity or project previously described in the Consolidated or Action Plan. • Change in the use of CDBG funds from one eligible activity or project to another previously described in Consolidated or Action Plan. • A cumulative change in the use of CDBG funds from an eligible activity to another eligible activity that decreases an activity's funding by 1 0% or more or increases an activity's funding by 1 0% or more during the fiscal year. Any proposed amendment that is considered a "Substantial Amendment" is subject to the Citizen Participation process, requires formal action by the City Commission, and approval by HUD. Furthermore, a thirty (30) day public notice is required to provide the opportunity for the public to review and comment on the proposed amendments. Upon approval, the City will issue a Notice of Public Meeting on the proposed substantial amendment to the City's FY 2008 through FY 2013 Action Plans. The City will consider all comments or views received from the public concerning proposed substantial amendments in accordance with 24 CFR 91.105 (c) (3). A summary of these comments and views shall be attached to the Substantial Amendment. ANALYSIS The City's Action Plan is monitored throughout the year to ensure compliance with federal regulations and progress towards the National Objective. The National Objective stipulates that funded activities must meet one of the three following goals: 1. Principally benefitting low-and moderate-income persons who earn at or below 80% of the area median income, as noted in 24 CFR 570.208(a); 2. Aids in the prevention or elimination of slums or blight, as noted in 24 CFR 570.208(b); and/or 3. Qualifies as a certified urgent need, as noted in 24 CFR 570.208(c). If a project is failing to achieve the National Objective, the City explores the feasibility of recapturing funds to ensure compliance. In addition, funds that are surrendered because they remain unspent at the end of the contract term are also subject to recapture and reissuance. Recaptured funds remain subject to timeliness rules even after reissuance. In accordance with HUD regulations, City staff reviewed funded projects and identified those which have yet to achieve the National Objective. Projects were evaluated for compliance to timeliness, progress and contractual terms. Projects were then identified for susceptibility to recapture as a result of any shortcomings. Those projects deemed eligible for recapture were further evaluated using the following criteria recognized by HUD: 810 January 15, 2014 Page 3 Project's failure to adhere to timeliness standards including if it has not commenced; • Sub-recipient's capacity to expend funds in a timely manner and as proscribed contractually; and/or • Sub-recipient's contracts have expired and are not viable for renewal given the sub- recipient's current fiscal and/or operational conditions. Based on the criteria above, the following projects are hereby recommended for funds recapture to ensure that the City meets all of its obligations with HUD's compliance standards: Funding Progran Agency Activity/Project Amount Year 2012 Jewish Community Services Social services for elderly $92 and homeless UNIDAD of Miami Beach Project LINK $2 RAIN Parents, Inc. Emergency Assistance $6,814 City Section 1 08 Loan Payoff $155,317 CDBG City Administrative costs $ 7,452 2013 Miami Beach CDC Administrative Services $60,506 Barclay Apartments $ 179,747 London House Phase II $ 67,318 ADA Compliance $ 121,085 Housing Public Services $14,500 Log Cabin Enterprises Employment/Disabled $10,000 2011 Miami Beach CDC Villa Matti $16,150 Barclay Apartments $ 100,000 London House II $646,267 2012 London House II $ 610,441 HOME CHDO Operating $24,557 2013 CHDO Operatino $23,476 London House II $100,000 CHDO Project Set Aside $ 70,429 CHDO Operating $41 The total value of recaptured funds is $2,339,841.26. This includes $125,643 in CDBG funds that had remained unallocated from multiple prior years. Once funds are recaptured, the City is obligated to amend its Annual Plans with HUD to reflect these changes. In addition, as required by HUD, the City will make the amended Action Plans available for public comment for 30 days. The amended plans will be posted on the City's website and noticed for public review via the Neighbors section of The Miami Herald. A copy of the advertisement is attached. The public comment period will commence January 161h and close February 151h. All comments received will be included in the filing of amended plans submitted to HUD. Since the City must adhere to HUD's timeliness standards, the Administration is further requesting Commission approval to issue the attached Request For Proposals (RFP). The RFP will identify affordable housing projects eligible for recaptured HOME funds and enable the City's timely commitment of funds as required by HUD. The City will include the recaptured CDBG funds in its FY 2014/15 allocation and will be placed for bid via the annual HUD RFP process. 811 January 15, 2014 Page4 The City has revamped its RFP process to improve the responsiveness of applications, identifies those projects with funding gaps (as HUD rules stipulate that HOME funds can no longer fund projects with funding gaps}, embed program requirements to ensure that applicants submit viable projects, and facilitate the consistent and uniform review of applications. In addition, the RFP requires applicants to align their proposed projects with the City's Key Intended Outcomes (KIO) to ensure that recommended activities align with the City's Strategic Plan. The RFP will be reviewed by two City committees: Affordable Housing Advisory Committee and Loan Review. The committees' recommendations will be forwarded to the Mayor and Commission along with staff recommendations once the RFP applications are received, reviewed and prioritized. In addition to the contracts identified for recapture above, the City was notified by HUD that it was de-obligating $187,000 assigned to Villa Matti, an MBCDC-managed project, because the previous Administration had failed to commit the funds in a timely manner. Such action underscores the importance of ensuring that HUD funds are committed and expended in a timely manner so as to ensure their beneficial use for City projects. CONCLUSION The Administration recommends approval of the recaptured funds, authorization to file the amended Action Plans as required by HUD; Issue a Notice of a Public Meeting on the Proposed Substantial Amendments to the City's FY 2008 through FY 2013 Action Plans; and subsequently issue the RFP in order to reallocate HOME funds to ensure compliance with HUD timeliness standards. JLM/KGB/MLRIAB 812 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO RECAPTURE AND REALLOCATE $748,477 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND $1,591,363 OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS; AMEND THE FY 2008 THROUGH FY 2013 ACTION PLANS; ISSUE A NOTICE OF PUBLIC MEETING ON THE PROPOSED SUBSTANTIAL AMENDMENTS TO THE CITY'S FY 2008 THROUGH FY 2013 ACTION PLANS, TO INCLUDE A THIRTY (30) DAY PUBLIC COMMENT PERIOD; AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE RECAPTURED HOME FUNDS TO ENSURE COMPLIANCE WITH THE UNITED STATES HOUSING AND URBAN DEVELOPMENT (HUD) DEPARTMENT'S RULES AND REGULATIONS. WHEREAS, the City is an entitlement recipient of federal formula U.S. Department of Housing and Urban Development (HUD) grant programs as follows: Community Development Block Grant (CDBG) funds, and HOME Investment funds {HOME); and WHEREAS, while CDBG funds are primarily used to provide vital public services, housing activities, code enforcement, and improvements to public facilities, such as youth centers and senior centers, HOME funds are strictly used for affordable housing activities including multi-family rentals and first time homeownership; and WHEREAS, the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, the Action Plan for Federal funds is a requirement under HUD's formula grant programs, which include the CDBG and HOME Program; and WHEREAS, the resulting CDBG and HOME recapture recommendations will be incorporated to the City's FY 2008 through FY 2013 Action Plans; and WHEREAS, the City will issue a Notice of Public Meeting on the Proposed Substantial Amendments to the City's FY 2008 through FY 2013 Action Plans, to include a thirty (30) day public comment period; and WHEREAS, the City will issue a Request For Proposals (RFP) for the recaptured HOME funds to ensure compliance with the United States Housing and Urban Development Department's (HUD) rules and regulations; and WHEREAS, the City Manager is the HUD designated agent for all formula grants, and executes the grant applications, the Agreements, and other applicable HUD documents on behalf of the City; and WHEREAS, submit the Substantial Amendments to the City's FY 2008 through FY 2013 Action Plans to HUD. 813 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 authorize the approval of the recaptured funds; Issue a Notice of Public Meeting on the Proposed Substantial Amendments to the City's FY 2008 through FY 2013 Actions Plans; filing the amended Action Plans as required by HUD; subsequently issuing the RFP in order to reallocate HOME funds; and further authorizing the appropriation of all Federal funds. PASSED AND ADOPTED this ___ day of ______ 2014. ATTEST: CITY CLERK 814 MAYOR APPROVED AS TO FORM & LANGUAGE &·FOR EXECUTION ApplicatiO!' fo:· Kecaptured Feder a ~ unds-lebruJIV 2014 MIAM City of Miami Beach Request for Proposals (RFP) HOME Investment Partnership (HOME} Funds (Recaptured Funds from Multiple Fiscal Years) Deadline for Submissions: Wednesday, March 5, 2014 at 4:30pm Applications must be received by 4:30pm on Wednesday, March 5, 2014. Any application received after that time will not be considered. The responsibility for submitting applications on or before the stated time and date is solely the responsibility of the Applicant. The City will not be responsible for delays caused by mail, courier services or any other entity or occurrence. City of Miami Beach Office of Housing & Community Development 555 -17th Street Miami Beach, Florida 33139 Telephone: 305-673-7260 Fax: 305-604-2421 Website: www.miamibeachfl.gov Email: mariaruiz@miamibeachfl.gov City of Miami Beach/Housing Community Development 815 /\ppiicclliun for Recupturcd h'.Jerai Funds-Febru;-,ry 2014 MIA Mayor & Members of the City Commission: City Administration: Philip Levine, Mayor Deede Weithorn, Vice-Mayor Michael Grieco, Commissioner Joy Malakoff, Commissioner Micky Steinberg, Commissioner Edward L. Tobin, Commissioner Jonah Wolfson, Commissioner Jimmy L. Morales, City Manager Kathie G. Brooks, Assistant City Manager Jose Jimenez, Esq., Assistant City Manager Mark Taxis, Assistant City Manager Housing & Community Development Staff: Maria L. Ruiz, Director Alejandro Ballina, CDBG Coordinator A. Richard Bowman, HOME Coordinator Dirnora Rosario, Public Services Alice Waters, Financial Analyst "We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community." Our Vision The City of Miami Beach will be: • Cleaner and Safer; • More Beautiful and Vibrant; • A Mature, Stable Residential Community with Well-improved Infrastructure; • A Unique Urban and Historic Environment; • A Cultural, Entertainment, Tourism Capital; and • An International Center for Innovation in Culture, Recreation and Business. Our Values • We maintain the City of Miami Beach as a world-class city. • We work as a cooperative team of well-trained professionals. • We serve the public with dignity and respect. • We conduct the business of the City with honesty, integrity, and dedication. • We are ambassadors of good will to our residents, visitors, and the business community. City of Miami Beach/Housing Community Development 816 i\pplication for Recaptu~·c,d r:-ederal tunds ~ FcbrL1cFY 2014 Notice of Funding Availability (1 of 3) The City of Miami Beach is an entitlement grantee of federal funds. It receives an annual allocation of funding far the HOME Investment Partnership Program (HOME) from the United States Department of Housing and Urban Development (HUD). The City is entitled to these funds because its papulation, housing and/or demographic characteristics meet the formula requirements needed to obtain funding. HUD requires the City complete a five~year Consolidated Plan that includes a housing assessment, market analysis and assessment of community development needs. The Consolidated Plan is meant to address the needs of low~ and moderate- income persons and families, including homeless individuals. The Plan establishes the City's program priorities, goals and objectives for community development programs and sets the framework for subsequent One Year Action Planes that describe specific activities that will be funded through the City's HUD-funded grant programs. As an entitlement grantee, the City develops its own programs and funding priorities. However, it must give maximum feasible priority to activities which: ~ Benefit low-and moderate-income persons and households; ~Aid in the prevention or elimination of slums and blight; or ~ Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community. Urgent needs are defined as those which have no other financial resources available. The City of Miami Beach has the following recaptured funds available for award through its HOME program: Fiscal Year/Source Amount Available FY 10/11 CHDO Operating FY 11/12 $ $ 41.81 762,417.70 FY 12/13 $ 634,998.79 FY 13/14 $ 191,905.00 TOTAL HOME FUNDS $ 1,589,363.30 The City obtained authorization from the Mayor and City Commission on January 15, 2014 to issue the attached Request For Proposals (RFP) to solicit eligible affordable housing projects within the City. Here is the timeline of events for this RFP: Date Event/Expected Outcome January 15, 2014 January 30, 2014 February 5, 2014 February 12, 2014 March 5, 2014 March 6 -17, 2014 March 20, 2014 April TBA Authorization from the Mayor & Commission to recapture funds and issue RFP Joint meeting of Affordable Housing Advisory Committee (AHAC) and Loan Review Committee (LRC) to review RFP RFP Issued Applicant conference to address RFP questions convened-Attendance is Mandatory Deadline for receipt of RFP applications Staff review of applications Joint meeting of AHAC and LRC to review applications and make funding recommendations to the Mayor and Commission Submit funding recommendations to Mayor & Commission for award City of Miami Beach/Housing Community Development 817 Apflk<otW'l for Recaptured lecJcral Funds-Febrt:ar'/ ?Dl4 Notice of Funding Availability (2 of 3) Eligible Categories for Use of HOME Program funds under this RFP • Rehabilitation of existing multi-family buildings (more than 4 units) Rehabilitation of existing multi-family buildings to provide safe, decent, sanitary rental housing to income-eligible tenants. Construction activities must commence within 12 months of entering into a contract with the City for HOME Program funds. Projects may be proposed to provide all HOME-assisted units or mixed-income units. • Acquisition and rehabilitation of existing multi-family buildings (more than 4 units) Existing multi-family buildings may be acquired and rehabilitated to provide safe, decent, sanitary rental housing to income- eligible tenants. Construction activities must commence within 12 months of entering into a contract with the City for HOME Program funds. Projects may be proposed to provide all HOME-assisted units or mixed-income units. • Acquisition and rehabilitation of existing scattered units Single-family housing (including condominium units) may be acquired and rehabilitated to provide safe, decent, sanitary rental housing to income-eligible tenants and first-time eligible homeowners. HOME-Assisted Units Proposed projects which contain all HOME-assisted units or mixed-income units will be considered. Refer to CPD Notice 98- 02 "Allocating Costs and Identifying HOME Assisted-Units in Multi-Unit Projects". The number of HOME-assisted units in a project is based on the number of units that are acquired or rehabilitated with HOME funds. These units are subject to rent, occupancy, per unit subsidy limits, and resale/recapture restrictions. Period of Affordability Under the HOME Program, HOME-assisted units must meet certain Minimum Affordability Requirements beginning after project completion. However, the City of Miami Beach requires that the affordability period be extended for a minimum term of thirty (30) years. The affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. To enforce the affordability and income eligibility requirements, the City will require the property owner to execute a Mortgage and Security Agreement, and a Promissory Note, which will be recorded in the public records as a lien against the property. HOME Income Limit Set-Aside Requirements The HOME Program requirements for unit occupancy and affordability apply at the time of occupancy or at the time HOME funds are invested, whichever is later, and throughout the period of affordability. HUD periodically publishes income limits for the HOME Program. At the time of the initial rent-up, housing will qualify as affordable only if the project is configured as follows: 1) At least 20 percent of the HOME assisted rental units must be occupied by families with household income of 50 percent or less of the Area Median Income, adjusted for family size; 2) At least 70 percent of the HOME assisted rental units must be occupied by families with household income of 60 percent or less ofthe Area Median Income, adjusted for family size; 3) A maximum of 10 percent of the HOME assisted rental units may be occupied by families with household income of 80 percent or less of the Area Median Income, adjusted for family size. City of Miami Beach/Housing Community Development 818 f\,ppli(dtion for RecapturPd FC'deral Funds~ Febr'.iary 201il Notice of Funding Availability (3 of 3) Long Term Occupancy Requirements After projects are initially occupied, owners are required to maintain occupancy of units by low and very low~income persons for the period of afford ability as specified above. Project owners are responsible for maintaining the correct number of High and Low HOME rent units, establishing systems to recertify tenant income on an annual basis, and adjusting rents for over~ income tenants when required. Applicant Conference -Mandatory Applicant's responding to this RFP must attend the Applicant Conference scheduled for February 12, 2014 at 9am at the Housing & Community Development Conference Room, located at 555 -17th Street. The conference will review application requirements, use of the provided form and address applicant questions. This is the only public event for the purposes of addressing questions, concerns or clarification regarding the RFP. At the conference, attendees will be provided with a submission code that must be inserted in the designated area within the Applicant lnfo(rmation) tab enable submission of the application. Once the RFP is issued, comments raised outside of the Applicant Conference will be addressed via email. Questions can be posed by sending an email to mariaruiz@miamibeachfl.gov. Replies will be provided and shared with all Applicant Conference attendees within 48 business hours. City of Miami Beach/Housing Community Development 819 l'>.i1plication for Reraptured FederCJI Funds-FPbruary 2014 Priorities In order to guide outside agencies that are seeking funding, establish parameters for the project selection process and enable success in project implementation, the following broadly defined priorities and operational imperatives have been established in the City's FY 2013-17 Consolidated Plan and summarized for purposes of this RFP as: -7 Affordable housing and compliance with Equal Opportunity and Fair Housing Laws in the City of Miami Beach -7 Minimize displacement, promote job creation/retention, ensure adequate benefits, encourage private development, and provide planning and administrative support. -7 Revitalize neighborhoods, remove architectural barriers, eliminate slum and blighted conditions, and encourage the preservation of historic structures. Operational Imperatives In order to ensure accountability and the judicious use of finite, public resources, the following operational imperatives have been established in the Five-Year Consolidated Plan and City processes: -7 Recipient organizations must have acceptable past and/or current performance on City-funded projects. -7 As this is a reimbursable grant, recipient organizations must have the fiscal capacity to undertake the proposed project. -7 Activities will not be funded unless the organization has developed realistic cost estimates and timelines, and demonstrated past financial stability (as evidenced in its past two agency fiscal audits). -7 Agency must demonstrate that the use of awarded City funds will ensure the required funding for the proposed project, i.e. City funds are the last needed to complete the project. -7 Organizations requesting funds from more than one agency will be required to submit a Subsidy Layering Review which includes a certified Sources and Uses Summary -7 Recipients will be expected to provide matching funds and/or otherwise participate in the cost of their proposed project -7 Housing development and property improvement programs are expected to use quality, long-lasting methods and materials that require a minimum of maintenance or upkeep and provide a Physical Needs Assessment for the proposed project -7 The cost of providing housing or services will be considered in evaluating applications and must meet HUD guidelines -7 Recipients must adhere to HUD and City guidelines for procurement of goods and services including professional services. -7 Funded activities must meet a National Objective within two years of funding award. Further priority is given to those established housing needs for which there is currently insufficient assistance including: 1 Acquisition for affordable rental housing and low-and moderate-income first-time homebuyers 2 Multi-family Housing rehabilitation In addition, the City will prioritize awards to those projects that align with its Key Intended Outcomes (KIO) as defined in its current Strategic Pian. The City's KIOs can be found in its own tab within this workbook. City of Miami Beach/Housing Community Development 820 /\pplic ,~lion for Recaptured Federal runds-FeiJr,Jary 2014 Eligible Activities The primary objective of the HOME program is to provide safe, decent and affordable housing to low-and moderate-income persons and households who earn at or below 80% of the median income. Funded activities must deliver affordable, decent, safe and sanitary housing for low-and moderate-income households in the City of Miami Beach. Applicable Income Tables are referenced in the corresponding tab in this workbook. City of Miami Beach/Housing Community Development 821 Application Instructions (1 of 2) This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency name in the Applicant Information tab, the name will automatically populate in all other required areas. Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas shaded in red are auto-filled. Grey shaded areas require a text input by the applicant. Tab Generallnstructions Submission Checklist Applicant lnfo(rmation) Project Overview Project Impact Applicant Experience Project Budget Threshold items determining the Applicant's responsiveness are indicated as Required Items requiring signatures are noted as Signatures Needed. A drop-down menu is provided for each item to enable easy labeling as submitted or not. Please ensure to update the status for each item. In addition, we have left open spaces in the event that the applicant wishes to attach additional items not specifically requested in the RFP. All shaded area require a response. Those areas in require a manual input. Items shaded in green require use of the drop-down menu provided. DO NOT ALTER ANY AREA SHADED IN RED. Make sure that both the person preparing the application and the agency's authorized signatory sign this section once printed in hard copy format. The Applicant name is auto-populated once you have completed the previous tab. As you provide the Project Synopsis in the green shaded space provided, please be succinct but complete in your narrative and run spellcheck before finalizing. If you have a Physical Needs Assessment for the proposed project, please include as an attachment. For Project Partners, list each entity separately and use the drop-down menu to indicate the type of support provided from each. In the final column, please list the cash value of the entity's support. DO NOTAL TER ANY AREA SHADED IN RED. Please note there are two pages to this section. Be certain to answer the questions asked fully. Be succinct but complete in your narrative and run spellcheck before finalizing. Please note there are two pages to this section. Be certain to answer the questions asked fully. Be succinct but complete in your narrative and run spellcheck before finalizing. The Budget form has five columns. The first column should llst all of the entities providing cash, financing or in-kind leverage to the proposed project. The second column, "Confirmed Receipt", enables you to insert the dollar value of any commitment that has been secured. The third column, "Pending Receipt", enables you to insert the value of any projected funds that have yet to be secured but may be reasonably expected. The fourth column, "City Request" enables you to insert the value of funds requested from the City through this RFP process. DO NOT ALTER ANY AREA SHADED IN RED. City of Miami Beach/Housing Community Development 822 J\pplicrltion for fiC'G:lptured Federal runds-r=ebruary 2QJ.'l Application Instructions (2 of 2} Tab General Instructions In the column labeled "Line Item Category," list the various project expenses using the drop-down menu provided. In each of the following columns to the right, and under "Fund Source", insert the name of Sources & Uses the funding entity and then below the respective amounts allocated to each line item. A second page is provided if your project has more than five (5) funding sources. Make sure that both the person preparing the application and the agency's authorized signatory sign this section once printed in hard copy format. Using the drop-down menus provided, answer each area shaded in green. Priority Alignment Provide a brief but succinct narrative in the grey space provided that explains how your agency will measure its impact on the City's Key Intended Outcomes selected. Run spellcheck before finalizing your narrative. Affidavit 1 Review and provide signatures requested. Affidavit 2 Review and provide signatures requested. Affidavit 3 Review and provide signatures requested. Affidavit 4 Review and provide signatures requested. The following attachments are required and must be submitted with the one (1) original hard copy application and two copies. These attachments should be placed directly following Affidavit 4 with the hard copies. 1. Agency's Articles of Incorporation in their entirety. 2. A current list of the Applicant's Board of Directors and their respective affiliation(s). 3. The Applicant's last two (2) annual financial audits. 4. Letters of commitment/award, contracts or other documents attesting to the evidence of matching/in-kind funds. Resources or financing. While a Subsidy Layering Review is not required at the time of application, it is encouraged as a means of reviewing the project's fiscal viability. If provided, this document should follow the required attachments. If the applicant wishes to submit additional documents, they may do so. If provided, these should follow the required Applicants must submit their application(s) as follows: ! One (1) original hard copy with authorizing signatures in blue ink. One (1) duplicate hard copy ofthe original hard copy application. One digital copy in Excel format of the application with attachments in RDP format on CD ROM. Via Hand Delivery: Office of Housing & Community Development, 555-17th Street, Miami Beach, Florida 33139. Receipt is made weekdays, 9am to 4pm excluding legal holidays. Via Mail Delivery: Office of Community Development, 1700 Convention Center Drive, Miami Beach, Florida 33139 City of Miami Beach/Housing Community Development 823 /\fJfJiicalion fur Rr::capLJrc·rl Federal Funds· 1-r-hruary 2014 General Information (1 of 3) The following funding is available through this RFP: Fiscal Year/Source Amount Available FY 10/11 CHDO Operating FY 11/12 FY 12/13 FY 13/14 TOTAL HOME FUNDS Determination of Appropriateness $ 41.81 $ 762,417.70 $ 634,998.79 $ 191,905.00 $ 1,589,363.30 Prior to preparing an application for funds, applicants are strongly advised to determine if the proposed project is an eligible activity as defined by HUD regulations. Projects must result in the creation of safe, sanitary, decent and affordable housing to low-and moderate-income persons and households who earn at or below 80% of the median income. Deadline for Submission Responses to this RFP are due Wednesday, March 5, 2014 at 4:30pm at the Office of Housing & Community Development located at 555 -17th Street, Miami Beach, Florida 33139. Mailed applications should be sent to Office of Housing & Community Development, Attention: Maria Ruiz, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. Late applications will not be accepted. Fatal Flaws The following errors, omissions and/or conditions are considered fatal flaws preventing applications from consideration for funding: ! Incomplete applications (missing any section of the application or omission of required attachments) Factual errors resulting in the misrepresentation of an organization's experience, capacity or ownership Projects with funding gaps despite the potential award of City funds Submission Requirements Applicants must submit their application(s) as follows: D One (1) original hard copy with authorizing signatures in blue ink. D One (1) duplicate hard copy of the original hard copy application. D One digital copy in Excel format ofthe application with attachments in RDP format on CD ROM. Directions for Completing the Application This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency name in the Applicant Information tab, the name will automatically populate in all other required areas. Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas shaded in red are auto-filled. Grey shaded areas require a text input by the applicant. City of Miami Beach/Housing Community Development 824 /\pplication for Reca:Jttlred rederal Funds rebruary 2014 General Information {2 of 3) Modifications/Withdrawals of Proposals An Applicant may submit a modified Application to replace all or any portion of a previously submitted Application up until the Application due date and time. Modifications received after the Application due date and time will not be considered. Applications shall be irrevocable until contract award unless withdrawn in writing prior to the Application due date, or after expiration of 120 calendar days from the opening of Applications without a contract award. letters of withdrawal received after the Application due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. RFP Postponement/Cancellation/Rejection The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Applications; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Applications received as a result of this RFP. Costs Incurred by Applicants All expenses involved with the preparation and submission of Applications, or any work performed in connection therewith, shalt be the sole responsibility (and shall be at the sole cost and expense) of the Applicant, and shall not be reimbursed by the City. Exceptions to RFP Applicants 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 Application. 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 Applicant to comply with the particular term and/or condition of the RFP to which Applicant took exception to (as said term and/or condition was originally set forth on the RFP). Florida Public Records Laws Applicants are hereby notified that all Applications including, without limitation, any and all information and documentation submitted therewith, will be available for public inspection after opening of Applications, in compliance with Florida Public Records Law including, without limitation, Chapter 119, Florida Statues. Negotiations The City reserves the right to enter into further negotiations with the selected Applicant(s). Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Applicant(s) in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Applicants that by submitting a Application, 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. Observance of Laws Applicants 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 RFA (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 Applicant will in no way relieve it from responsibility for compliance. City of Miami Beach/Housing Community Development 825 Application fm RecCJptured FederCJI Funds-February 2014 General Information (3 of 3) Conflict of Interest All Applicants must disclose, in their Application, 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 Applicants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%} percent or more in the Applicant entity or any of its affiliates. Applicant's Responsibility Before submitting a Application, each Applicant 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 Applicant 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 Applicant. Public Entity Crimes 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. American With Disabilities Act (ADA) Call (305) 673-7260/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7631. Acceptance of Gifts, Favors, Services Applicants 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 Application. 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. City of Miami Beach/Housing Community Development 826 /\pjJiication for P...-~c<Jpturf'd Federal f-unrl<> ~ebruary 2014 Application Scoring Minimum requirements for application submission: Applicants submitting applications may be not-for-profit or for-profit corporations or partnerships. Applicants must have a minimum of five (5) years of experience in the acquisition and rehabilitation of owner-occupied affordable housing and/or first-time homebuyer programs. Selection criteria will include, but is not limited to: 1. Ability to provide strong construction management practices and to provide first quality materials, including landscaping if applicable 2. Ability to perform all applicant selection and income certification processes in accordance with local, state, and federal regulations 3. Ability to comply with the City's reporting requirements 4. Total project cost 5. Total number of units 6. Leveraging 7. Ability to conform to the City's plan for spatial de-concentration 8. Ability to provide homeowners with HUD-Certified Homeownership Counseling 9. Ability to provide individualized training to homebuyers on issues such as home maintenance and budgeting 10. Ability to demonstrate that the organization participates in the Welfare Transition Program The Office of Housing and Community Development will review all responses to the RFP to ensure compliance with the requirements of the RFP as well as under applicable Florida Statutes, Resolutions and the Consolidated Plan. All eligible applications will be submitted to the City's Loan Review Committee and Affordable Housing Advisory Committee. The Committee will review all applications in accordance with the criteria as outlined in the RFP. Sections within the RFP are weighted and their respective values are noted below: Section/Tab Maximum Points Applicant lnfo(rmation) Project Overview Project Impact Applicant Experience Project Budget Sources & Uses Priority Alignment MAXIMUM POSSIBLE SCORE 5 20 20 25 20 5 5 100 City of Miami Beach/Housing Community Development 827 Application for Recaptured Federal Funds-February 2014 HUD FY 2013 Income Tables for the City of Miami Beach Low (8~%~ Income II $ L1m1ts 36,650 II s 41,85011 $ 47,1DDII $ 52,30011 $ 56,50011 $ 6o,7oo II s 64,90011 $ 69,050 ----$ 49,ooo.oo II Very Low (50%) II$ n,9oo II s 26,2oo II s 29.45o II s 32,7oo II s 35,35011 $ 37,950 II $ 40,55011 $ 43,200 Income Limits Extremely Low (30%) II $ Income Limits n,75o II s 15,70011 $ 17,650 II s 19,60011 $ 21,2oo II $ 22,750 II $ 24,35011 $ 25,900 I 00 N 00 City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds-February 2014 Uniform Relocation Assistance (URA) If a project proposed in response to this RFA includes the purchase of a building or an offer to purchase a building which is occupied, the tenants are entitled to the benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). The following information is provided to assist the applicant in complying with the URA. 1. URA preparation needs to start early. A URA notice needs to be given to the Seller when the purchase offer/option is made. 2. HUD and the City of Miami Beach care about this. Developers who are working on HUD-funded projects need to understand that the URA is basic consumer legislation that addresses "fairness" issues. Tenants whose living circumstances are changed by a project-either by higher rents or involuntary moves-must be protected and compensated. 3. The relocation rules are nat all one-sided. There are actions that can be taken to control costs and prevent displacement. These actions include informing tenants about the project, treating them fairly during the process, staging work if it is feasible, and keeping their rents affordable. Tenants must continue to pay rent and comply with the lease during the process. 4. Mistakes can be costly. Planning for relocation and tenant concerns is critical because grantees, owners and developers can all take actions which can incur a financial liability. Displaced tenants are entitled to 42 or 60 months of rental assistance depending on the situation. Many claims exceed $10,000. Although some claims are unavoidable, there is no reason to incur these costs by failure to follow the rules. 5. Planning is critical. Relocation concerns must be thought out early in the process so decisions about rents, construction timing and project feasibility can be considered before they are a crisis. 6. Cooperation is Essential. All parties involved in the project must do the right thing in order to make the process work. The Developer and the City must work together. 7. There are three basic requirements for tenants in rental rehabilitation projects. They must be given timely information about the pending application. If the project is approved, they must be advised about any changes that will occur to their situation. If they are not advised-and move-they could claim that they were displaced even if that was not intended and they could be eligible for considerable financial compensation. If they must be displaced, they must be offered a comparable replacement unit (as defined by HUD). Moving expenses must be paid. No one can be required to move without 90 days notice. Tenants who will stay in the property after work is complete must be offered a suitable unit that is affordable to them. City of Miami Beach/Housing Community Development 829 Application for k<:( a ptu rc:d Fe de rill Funrls -February 2014 Applicant Information Applicant Name: Applicant Address: Telephone Number: Fax Number: Executive Director: E-Mail Address: Contact Person: E-Mail Address: Board Secretary: E-Mail Address: Employer identification Number: Corporate Status: Is applicant a CHDO for the City of Miami Beach: Submission Code: icant's Articles of Incorporation Internal Revenue Services (IRS) Designation Letter Current Board of Director's Membersh with Professional Affiliations Proposed Project Summary Project Category: Project Type: #of Units to be Created/Rehabilitated: Project Budget: Amount of Secured Funding: Amount of Funding Requested from City: $ $ $ Subsidy Layering Review completed within past sixty (60) days Applicant Certification Agency Budget: $ On behalf of the applicant organization, we certify that all of the information contained in this application is true and accurate. We further understand that the material omission or inclusion of false information contained in this application constitutes grounds for disqualification of the application and Applicant. We further understand that by submitting an application, we,. as the authorized representatives for the organization are accepting the terms and conditions as they appear in the Request For Proposals February 2014. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: City of Miami Beach Use Only Project Funding Level: City Funding Level: #DIV/0! #DIV/0! SCORE RANGE FOR SECTION Cost P/Unit: Project Outlook: City of Miami Beach/Housing Community Development 830 #DIV/0! #DIV/O! 5 Points Application for Recaptured !eclaa! Funds-February 2o-J -1 Submission Checklist Please verify that the following has been completed and submitted by the submission deadline as noted: Item/ Attachment Status Applicant lnfo(rmation) (Signatures Needed)-Required Submission Checklist (Signatures Needed)-Required Project Overview-Required Project Impact-Required Applicant Experience-Required Project Budget-Required Sources & Uses (Signatures Needed)-Required Priority Alignment-Required Affidavit 1 (Signatures Needed) -Required Affidavit 2 (Signatures Needed) -Required Affidavit 3 (Signatures Needed) -Required Affidavit 4 (Signatures Needed) -Required Applicant's Articles of Incorporation-Required Applicant's Internal Revenue Services Designation Letter -Required Current Board of Director's with Professional Affiliations-Required Physical Needs Assessment-Required Applicant Agency's Last Two Annual Audits-Required Evidence of Matching Funds/Leverage-Required Subsidy Layering Review-Optional Project Renderings-Optional Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: City of Miami Beach/Housing Community Development 831 Applicdlio!l for Recaptured Fedr'rill Funds-FPbruCJrv 2014 City of Miami Beach/Housing Community Development 832 Application for Recaptured Federal Funds-February 2014 Submitted Not Submitted-Fatal Flaw Submitted No Submitted City of Miami Beach/Housing Community Development 833 Application for Recaptured federal Funds-February 2014 Project Overview Applicant: 0 Project Synopsis In the space bela w, provide a brief synapsis of your proposed project including current status, location, scope and beneficiaries. Physical Needs Assessment (conducted by third party) Project Partners Please Jist the entities providing cash, financing and other support to proposed project. Entity Support Type Support Value $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Value of Project Investment $ City of Miami Beach Use Only Fiscal Check: #VALUE! SCORE RANGE FOR SECTION 20 Points City of Miami Beach/Housing Community Development 834 Apf]lk,!lion for Recaptured Federal Funds-FPbruJry 2014 Project Impact ( 1 of 2) Applicant: 0 fn the space below, answer the following questions and provide any additional information regarding the project's impact: 1. Describe the scope of your proposed project including a summary of planned construction goals. 2. Describe the impact of your project on the immediate neighborhood and possible jobs created (temporary and permanent). SCORE RANGE FOR SECTION 10 Points City of Miami Beach/Housing Community Development 835 /\pplicalior1 lur Recapturl'd F~·dPrcd Funds-Febr uClry 2014 Project Impact (2 of 2) Applicant: 0 In the space below, answer the following questions and provide any additional information regarding the project's impact: 1. Describe if tenants will be relocated and, if so, summarize relocation plan. 2. Provide a brief project timeline. SCORE RANGE FOR SECTION 10 Points City of Miami Beach/Housing Community Development 836 Aprl'c<1 !inn for Recaptured r ccJeral ~unds-Febrt!M'{ 2011) Applicant Experience (1 of 2) Applicant: 0 In the space below, answer the following questions and provide any additional information regarding applicant experience. 1. Describe experience in developing, rehabilitating and/or managing affordable housing. 2. Provide specific examples of successful projects. SCORE RANGE FOR SECTION 10 Points City of Miami Beach/Housing Community Development 837 !\tJp!ication for Recdplured ~ederal Funds-FebruCJry 2014 Applicant Experience (2 of 2) Applicant: 0 In the space below, answer the following questions and provide any additional information regarding applicant experience. 1. Fiscal capacity to successfully complete project including previous receipt of HUD funds. Provide specific examples. SCORE RANGE FOR SECTION 15 Points City of Miami Beach/Housing Community Development 838 Application for Recaptured Federal Funds-February 2014 Project Budget Applicant: 0 00 w <0 Line Item Category/ Cost Category Confirmed Receipt Pending Receipt City Request Line Total ~~ $ -$ -$ -$ $ -$ -$ -$ $ -$ -$ -$ $ -$ -$ -$ $ -$ -$ $ $ -$ -$ -$ $ -$ -$ <$ $ -$ -$ $ $ -$ -$ -$. $ -$ -$ -.. $ $ -$ -$ -·S ·.· $ -$ -$ -·s $ -$ -$ -$ $ $ $ $ $ -$ $ $ $ -$ $ -$ $ $ -$ -$ $ $ $ $ $ -$ -$ $ $ -$ -$ Project Totals $ -$ In the space below, please provide detail for any line item with "other" in category title. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/Date Name/Title: 20 Points City of Miami Beach/Housing Community Development ·--·---· ----------------·· 00 ~ 0 Applicant: 0 Line Item Category/ Cost Category Project Totals Please use next page if necessary. Signature of Preparing Party/ Date Name/Title: Application for Recaptured Federal Funds-February 2014 Sources & Uses of Project Funds Funding Source #1 Funding Source #2 Funding Source #3 Funding Source #4 Funding Source #5 Insert Source Here Insert Source Here Insert Source Here Insert Source Here Insert Source Here $ -$ $ $ $ $ -$ $ $ $ $ -$ $ $ $ $ -$ $ $ $ $ -$ $ $ -$ $ -$ $ $ $ $ -$ $ $ $ $ -$ $ $ $ $ -$ $ $ $ $ -$ $ $ -$ $ -$ $ $ -$ $ -$ $ $ -$ $ -$ -$ -$ $ $ -$ -$ -$ $ $ -$ -$ -$ $ $ -$ -$ -$ $ $ -$ -$ $ $ $ -$ -$ -$ $ $ -$ -$ $ $ $ -$ -$ -$ $ $ -$ -$ -$ -$ Signature of Authorizing Party/Date Name/Title: 5 Points City of Miami Beach/Housing Community Development 00 ~ ~ Applicant: 0 Line Item Category/ Cost Category Project Totals Application for Recaptured Federal Funds-February 2014 Sources & Uses (Use Only if Necessary} Funding Source #6 Funding Source #7 Funding Source #8 Insert Source Here Insert Source Here Insert Source Here $ $ $ $ $ $ $ $ s -$ -$ $ -$ -$ $ -$ $ s $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -$ -$ $ $ -$ $ $ -$ -$ $ -$ -$ $ -$ -$ $ -$ -$ $ -$ -$ $ $ -$ $ $ $ -$ -$ -$ -City of Miami Beach/Housing Community Development Funding Source #9 Funding Source #10 Insert Source Here Insert Source Here $ $ $ $ $ -$ $ -$ $ -$ $ $ s $ s $ $ $ $ $ $ -$ $ -$ $ $ $ $ $ $ $ $ $ $ $ $ $ s $ -$ $ -$ Application for RecCJptur·ed Federal Funds-February 2014 Priority Alignment Housing Type Being Proposed: Project Location: Beneficiaries (List All): The City of Miami Beach has achieved a great deal by staying focused on its mission, vision and strategic priorities. By using performance measurements to gauge how well it is managing resources and delivering services, the City has areas that have seen significant improvements since its plan was chartered. As a recipient of public resources, please indicate below how your project aligns with the City's Strategic Plan. At a minimum, you must select one Key Intended Outcome (KIO) that your project will address. Extra points will be awarded for your ability to address additional KIOs. Please note that awarded projects will be required to measure and report their progress on meeting identified KIO goals. Primary KIO Proposed Project Will Address: Secondary KIO Proposed Project Will Address: Tertiary KIO Proposed Project Will Address: In the space provided below, please describe the measures you will use to quantify your impact on the selected KIOs above. Please note that all measures must be numerical in nature, i.e., the number of units developed, the number of tenants served. SCORE RANGE FOR SECTION 5 Points City of Miami Beach/Housing Community Development 842 ,">.pplication for ~ecaplured Federal Funds-February 2014 Acknowledgement of Application Submission Applicant: 0 As the duly authorized signatory and preparer, respectively, for the agency listed above, we have read the City of Miami Beach Request For Proposals for Recaptured HOME funds and agree to the terms, specific limitations, and conditions expressed herein. In addition, we have read, relied upon, acknowledge, and accept the City's Disclosure Disclaimer as attached. Further, if our proposed project includes the rehabilitation or construction of a residential building that is currently occupied, we hereby authorize the staff of the City of Miami Beach Office of Housing and Community Development to enter the premises and interview residents. We realize that the purpose of the interviews is to determine the estimated amount of relocation assistance that may be needed. BY signing below, the undersigned acknowledge that they have read and understand the Certifications attached hereto and labeled as "Affidavits" and, if awarded HOME funds, the Applicant will be able to comply fully with the provisions of those certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and sources and uses may be requested prior to final finding determinations. The City of Miami Beach reserves the right to verify that the authorized signatures above are authorized to bind the Applicant and may require Applicant to submit documentation verifying such authority. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: City of Miami Beach/Housing Community Development 843 Application for Federal RecapturPd Funds-February 20111 Affidavit of Compliance with Federal, State and Local Regulations Applicant: 0 The undersigned certify that the information in this application is true and correct. The undersigned further certify that they are aware that if the City of Miami Beach finds that the applicant agency or undersigned have engaged in fraudulent actions or intentionally misrepresented facts on tihs application, this application will be rejected and the applicant agency may be unable to participate in any City-funded program for two (2) complete fiscal years. If applying for HOME Investments Partnership Program funds, the applicant via the undersigned certify that it has read, understands and agrees to comply with the provisions of 24 CFR 92, and all federal regulations issued thereto by the United States Department of Housing and Urban Development (HUD). The undersigned understand and agree to abide by the provisions of the applicable, federal, state and local regulations and laws. Signature of Preparing Party/ Date Name/Title: Signature of Board Chair/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Secretary/ Date Name/Title: City of Miami Beach/Housing Community Development 844 l\pplication for Recaptured Federal Funds-February 2014 Disclosure and Disclaimer Applicant: 0 This Request for Proposals (RFP) is being furnished to the applicant by the City of Miami Beach (City) for the applicant's information and convenience. Any action taken by the City in response to applications made pursuant to this RFA or in making any award or in failing or refusing to make any award pursuant to such applications, or in canceling awards, or in withdrawing or canceling this RFA, either before or after issuance of an award(s), shall be without any liability on the part of the City. The contents of this RFA are neither warranted nor guaranteed by the City. Applicants interested in pursuing this development opportunity are urged to make such evaluations as they deem advisable and to reach independent conclusions concerning statements made in this RFA and any supplements thereto. The City reserves the right to reject any and all applications for any reason, or for no reason, without any resultant liability to the City. In its sole discretion, the City may withdraw the RFP either before or after receiving applications, may accept or reject applications, and may accept applications which deviate from the RFP 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 applications in response to this RFP. Following submission of an application, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the application and the applicant including the applicant's affllfates, 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 housing development entities. It is the responsibility of the applicant 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 RFP. Any reliance on these contents, or on any communications with City officials, shall be at the applicant's own risk. Prospective applicants should rely exclusively on their own investigations, interpretations and analyses. The RFP 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 application conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFP, the selection and the award process or whether any award will be made. Any applicant to this RFP 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 applications submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such application. This RFP is made subject to correction of errors, omissions, or withdrawal without notice. Information is for guidance only and does not constitute all or any part of an agreement. The City and all applicants will be bound only as, if and when an application, 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. City of Miami Beach/Housing Community Development 845 Application for Recaptured FedC'r<ll Funrls-February 2014 Disclosure and Disclaimer Applicant: 0 Any response to this RFP 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 applications and supporting documents shall be subject to disclosure as required by such law. All documents received by the City shall become public records. Applicants are expected to make all disclosures and declarations as requested in this RFA. By submission of an application, the applicant 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 application, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each applicant certifies that the information contained in the application is true, accurate and complete to the best of its knowledge and belief. Notwithstanding the foregoing or anything contained in the RFP, all applicants 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. Signature of Preparing Party/ Date Name/Title: Signature of Board Chair/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Secretary/ Date Name/Title: City of Miami Beach/Housing Community Development 846 Application for federal Recaptured i-=unds-February 2014 General HOME Program Requirements {1 of 3) HOME Per-Unit Subsidy Amount The maximum amount of HOME funds that may be invested on a per-unit basis may not exceed a per-unit dollar amount established by HUD. Rental Housing Refer to the HOME Program Final Rule, 24 CFR Part 92, §92.252 and §92.253 for Rental Housing Project Qualification and for Tenant Protections. Eligible Costs Refer to the HOME Program Final Rule, 24 CFR Part 92, §92.206 for a list of eligible project costs. Prohibited Activities Refer to the HOME Program Final Rule, 24 CFR Part 92, §92.214 for a list of prohibited activities. Property Standards Property that is rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances prior to occupancy. Following rehabilitation, owners wfll be required to maintain projects in accordance with all applicable State and local quality standards and code requirements. Proposed rehabilitation projects must propose to remedy all outstanding code deficiencies. The project owner is responsible for ensuring compliance with these standards throughout the period of affordability. The City will conduct inspections of all HOME-assisted units according to the schedule required by the HOME Rule. Handicapped Accessibility Standards Rehabilitation projects funded with HOME funds are subject to the Uniform Federal Accessibility Standards {UFAS) under Section 504 of the Rehabilitation Act of 1973. Alterations are divided into two types: Substantial Alteration: (Regulatory Citation 24 CFR 8.23(a)) Alteration in which the cost of the alterations to a facility of 15 or more dwelling units (including scattered site housing) equals or exceeds 75 percent of the replacement cost of the completed facility. Substantial alterations are subject to new construction accessibility requirements. Alterations that do not meet the definition of substantial (i.e., the development altered has less than 15 units, or the costs are less than 75 percent of the replacement cost of the completed facility) are covered by "other alterations." Other Alterations: (Regulatory Citation 24 CFR 8.23(b)) Applies to multifamily housing developments of 5 or more dwelling units (including scattered site housing). These alterations to dwelling units must, to the maximum extent feasible, be made accessible to and usable by individuals with disabilities. A minimum of 5 percent of the total dwelling units in a building or development, with a minimum of one unit, must be made accessible for individuals with mobility impairments. In addition to providing access to those with mobility impairments, when possible, the unit(s) shall also be pre-wired to facilitate the installation of auxiliary devices to assist the hearing and the visually impaired. Alterations to common areas such as entrances, lobbies, and recreation rooms must be made accessible to and usable by individuals with disabilities to the maximum extent feasible. City of Miami Beach/Housing Community Development 847 Application for federal Recaptured Funds-February 20111. General HOME Program Requirements (2 of 3) labor Standards/Prevailing Wages Every contract for the construction (or rehabilitation) of housing that includes 12 or more units assisted with HOME funds is required to comply with federal regulations pertaining to labor standards, including the prevailing wage requirements as determined pursuant to Davis-Bacon (40 USC 276a-S). Equal Opportunity and Fair Housing Entities receiving HOME funds are required to comply with all City ordinances, federal laws, executive orders and regulations pertaining to fair housing and equal opportunity. Affirmative Marketing The City has adopted affirmative marketing policies and requirements for rental and homebuyer projects containing 5 or more HOME-assisted housing units. Affirmative marketing consists of efforts to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, religion, sex, sexual orientation, handicap, familial status or national origin. Affirmative marketing requires that entities receiving HOME funds take every reasonable step to inform and solicit applications from persons in the available housing market who are not likely to apply for the housing without special outreach and advertising efforts. Entities receiving HOME funds will be required to comply with the City's affirmative marketing policies and will be required to submit an affirmative marketing plan for the funded project. Minority/Women Business Outreach Entities receiving HOME funds are required to undertake minority/women business outreach to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants and providers of legal services. Section 3 Section 3 of the Housing and Urban Development Act of 1968, as amended in 1992, requires that economic opportunities generated by HUD financial assistance for housing and community development programs be targeted toward low and very low-income persons. Entities receiving HOME funds are required to comply with Section 3 which provides that, to the greatest extent feasible, opportunities for training and employment shall be given to lower-income residents of Miami Beach, and that contracts for work in connection with such projects be awarded to business concerns which are located in or are owned in substantial part by lower income Miami Beach residents. Lead Based Paint Housing assisted with HOME Program funds is subject to the requirements of 24 CFR Part 35, as amended, and the Lead- Based Paint Poisoning Prevention Act as amended by Title X of the Housing and Community Development Act of 1992. Projects assisted with HOME funds may require notification to tenants, disclosure of lead-based paint information, identification of defective paint surfaces, treatment of defective surfaces, and response to children with elevated blood lead levels. On September 15, 1999, U.S. HUD issued the final rule entitled "Requirements for Notification, Evaluation and Reduction of Lead-Based Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance". This regulation sets new requirements to prevent childhood lead poisoning in housing assisted or being sold by HUD and other Federal agencies. City of Miami Beach/Housing Community Development 848 Application for federal Recaptured Funds-February 2014 General HOME Program Requirements (3 of 3) Debarment/Suspension Participants in the HOME Program must certify, pursuant to 24 CFR Part 24, that neither they or their principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction. Other Federal Requirements There are a number of other federal requirements that apply to all HUD~funded programs including the implementation of HOME Program rental housing activities. Please acknowledgement acceptance and understanding of General HOME Program Requirements below. Signature of Preparing Party/ Date Name/Title: Signature of Board Chair/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Secretary/ Date Name/Title: City of Miami Beach/Housing Community Development 849 COMMISSION ITEM SUMMARY Condensed Title: Key Intended Outcome Supported: Increase satisfaction with recreational programming. Supporting Data (Surveys, Environmental Scan, etc.): Recreation programs received excellent or good ratings from 85% of residents interviewed in the 2012 Resident Satisfaction Survey. Issue: I Shall the Mayor and City Commission adopt the resolution? Item Summary/Recommendation: At its regular meeting on September 30, 2013, the Neighborhood and Community Affairs Committee (Committee) discussed the Log Cabin property and the possibility of a collaborative community center. Direction was given to further study and present back to the Committee a more analytical and programmatic approach for the site. October 28, 2013, the Committee considered further discussion on the Log Cabin property by the Parks and Recreation Department and Office of Community Services to include expanding the Miami Beach Teen Club program and moving it from its current North Beach location at Fairway Park to the Log Cabin, consideration of the addition of an outdoor basketball court and the augmentation of the City's recreational programs with the Office of Community Services programs such as rent and utility assistance, family and marriage counseling, credit and first-time home buyer counseling, and more. The Administration recommends the resolution be approved. Adviso Board Recommendation: NCAC Discussion: 09/30/13, NCAC Approval 1 0/28/13 Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin John Rebar, Parks & Recreation Director Si n-Offs: Department Director Assistant City Manager JR MT T:\AGENDA\2014\01-15-14 MIAMI BEACH R7L AGENDA ITEM--=---:--- DATE /-/'{7-/Lf ' 850 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Members o the City ~~n Jimmy L. Morales, City Manager · January 15, 2014 A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AU HORIZING THE CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT AND OFFICE OF COMMUNITY SERVICES TO MOVE FORWARD WITH OCCUPYING AND PROGRAMMING THE APPROXIMATE 52,000 SQUARE FEET OF CITY OWNED PROPERTY LOCATED AT 8108-8140 COLLINS AVENUE, KNOWN AS THE LOG CABIN PROPERTY SITE BY RELOCATING THE EXISTING FAIRWAY PARK TEEN CLUB IN CONJUNCTION WITH IMMEDIATE PROGRAMS SUCH AS FAMILY GROUP CONFERENCING SERVICES AVAILABLE THROUGH THE OFFICE OF COMMUNITY SERVICES. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME Increase satisfaction with recreational programs. BACKGROUND/ANALYSIS Discussion heard by the Neighborhoods/Community Affairs Committee on September 30, 2013 and October 28, 2013. Present at the September and October 2013 meetings were Commissioners Jerry Libbin, Ed Tobin and Jorge Exposito. The Log Cabin site has 300 feet of frontage on Collins Avenue and is 175 feet wide. The property has three (3) closed structures consisting of a Lounge Building (900 square feet), Log Cabin Building (1 ,086 square feet) and Education Building {2,370 square feet). City of Miami Beach Property Management staff performed an initial assessment of the Log Cabin and ancillary buildings and a more in-depth facility condition assessment was performed by the NOVA Engineering and Environmental firm. Findings concluded that all three buildings may be immediately inhabited, but are in need of repairs such as repairing ceiling damage, roof and gutter cleaning, electrical upgrades, termite treatment, plumbing, etc., at an estimated cost of $19,264.00. Upon review of the comprehensive facility condition report, Property Management will request those longer term deficiencies through the FY 2014/15 budget development process. (Initial reporting from NOVA have estimated repair and replacement costs over an eight year period at $66,404.00) The Parks and Recreation Department has visited the site numerous times to further evaluate the space. The Department has concluded that the site could successfully become the future home of the Miami Beach Teen Club (North Beach) to add to the success of the Teen Club located at the 851 21st Street Recreation Center. Currently, the North Beach Teen Club has been programmed out of Fairway Park which has proven challenging due to its infrastructure and neighborhood park characteristics such as (1) Pavilion vs. Closed Building, and (2) Programmed Site vs. Neighborhood Park. The City of Miami Beach Teen Club is a program that prevents and reduces delinquent behavior by providing recreational opportunities to the community's at-risk youth in a positive and safe environment. The Teen Club has, over the years, proven to promote and foster personal growth by encouraging teens to become well-rounded individuals. The Miami Beach Teen Club currently has an enrollment of 280 teenagers ranging from ages 12-18. From these, 190 participants attend the 21st Street Teen Center and 90 are at Fairway Park. Relocating the existing Teen Club from Fairway Park could be immediate with operating hours from 2:00PM until 6:30PM allowing joint use of the facility with Community Services. Furthermore, the addition of a future outdoor basketball court would provide a much needed recreational amenity to enhance the site (initial estimates to include clearing/sub-base, base/asphalt, finished playing surface and accessories: $32,700.00). The Office of Community Services could augment Recreation's programming by partially relocating its Family Group Conferencing services once the Educational Building is furnished. In addition, there are Miami Beach Service Partnership member agencies that can provide much-needed direct services to area residents (including rent and utility assistance, family and marriage counseling, credit and first-time homebuyer counseling, and more). These services can be provided in cooperation with, and without interference to proposed Teen Club programming. Funding for these programs is provided by existing grant resources from The Children's Trust and through collaborative Memoranda of Understanding with Service Partnership agencies seeking to locate direct services within our City. Furthermore, the Office of Community Services has several programs actively serving families in North Beach that can eventually provide programming in the space including Morning All Stars (serving middle school students) and the Parent-Child Home Program (serving new parents and infants), among others. Additionally, Teen Job Corps, a non-profit Miami Beach Service Partnership member agency, has been seeking office and storage space since losing its space at the now built North Beach Senior Center. For the past several years, Teen Job Corps has employed area youth to work in landscaping, removal of non-native vegetation and plantings across the street from the Log Cabin at North Shore Open Space Park. As currently configured, the agency may be able to use the Log Cabin building as well as the flower shop area located in the self-standing building to the west of the Log Cabin. CONCLUSION While there are many potential uses for the Log Cabin site, the proposed joint usage by the City's Parks and Recreation Department and Office of Community Services allows for the immediate programming of the site serving the area's residents with much needed recreation and human services support with existing resources. As such, the Administration recommends that the Mayor and the City Commission authorize the Parks and Recreation Department to move forward with occupying and programming the site as described above by relocating the existing Fairway Park Teen Club in conjunction with immediate programs available through Community Services. JLM/~EM/cc T:\AGENDA\2014\January\Log Cabin Commission Item 01-15-14-MEMO.docx 852 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT AND OFFICE OF COMMUNITY SERVICES TO MOVE FORWARD WITH OCCUPYING AND PROGRAMMING THE APPROXIMATE 52,000 SQUARE FEET OF CITY-OWNED PROPERTY LOCATED AT 8108-8140 COLLINS AVENUE, KNOWN AS THE LOG CABIN PROPERTY SITE, BY RELOCATING THE EXISTING FAIRWAY PARK TEEN CLUB IN CONJUNCTION WITH IMMEDIATE PROGRAMS, SUCH AS FAMILY GROUP CONFERENCING SERVICES, AVAILABLE THROUGH THE CITY'S OFFICE OF COMMUNITY SERVICES. WHEREAS, at its regular meeting on September 30, 2013, the Neighborhood and Community Affairs Committee (Committee), discussed the Log Cabin property and the possibility of a collaborative community center. Direction was given to further study and report back to the Committee with a more analytical and programmatic approach for the site; and WHEREAS, at its regular meeting on October 28, 2013, the Committee considered further input on the Log Cabin property from the Parks and Recreation Department and Office of Community Services to include expanding the Miami Beach Teen Club program and moving it from its current North Beach location at Fairway Park to the Log Cabin; the Committee also considered the addition of an outdoor basketball court, and the augmentation of the City's recreational programs with the Office of Community Services programs such as rent and utility assistance, family and marriage counseling, credit and first-time home buyer counseling, and more; and WHEREAS, the City of Miami Beach Parks and Recreation Department reported during its presentation that the Property Management Division performed an initial assessment of the Log Cabin and ancillary buildings. A more in-depth facility condition assessment was also performed by the NOVA Engineering and Environmental firm. Initial findings concluded that all three buildings may be immediately inhabited, but are in need of repairs such as repairing ceiling damage, roof and gutter cleaning, electrical upgrades, termite treatment, and plumbing; outdoor areas need complete clean-up; and IT needs to be determined. Upon review of the comprehensive facility condition report, Property Management will request funds for those longer term deficiencies through the FY 2014/15 budget development process; and WHEREAS, the City of Miami Beach Office of Community Services reported during its presentation its ability to augment Recreation's programming by partially relocating its Family Group Conferencing services once the Educational Building is furnished. In addition, there are Miami Beach Service Partnership member agencies that can provide much-needed direct services to area residents (including rent and utility assistance, family and marriage counseling, credit and first-time homebuyer counseling, and more). These services can be provided in cooperation with, and without interference to proposed Teen Club programming. Funding for these programs is provided by existing grant resources from The Children's Trust and through a collaborative Memoranda of Understanding with Service Partnership agencies seeking to locate direct services within our City. Furthermore, the Office of Community Services has several programs actively serving families in North Beach that can eventually provide programming in 853 the space including Morning All Stars (serving middle school students) and the Parent-Child Home Program {serving new parents and infants), among others. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City of Miami Beach Parks and Recreation Department and Office of Community Services to move forward with occupying and programming the Log Cabin property site by relocating the existing Fairway Park Teen Club in conjunction with immediate programs such as Family Group Conferencing Services available through the Office of Community Services. PASSED and ADOPTED this ____ day of January, 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL GRANADO, CITY CLERK T:\AGENDA\2014\January\Log Cabin Commission Item 01-15-14 RESO.doc 854 THIS PAGE INTENTIONALLY LEFT BLANK 855 COMMISSION ITEM SUMMARY Condensed Title: Resolution of the Mayor and City Commission of the city of Miami Beach, Florida, authorizing the City Manager to accept a settlement in the amount of $10,000 toward the Production Sud Late Charges totaling $205,350.00, which were found to be due and owing to the City pursuant to the City's Audit, in connection with the management agreement between the City and Production Sud, Inc., relating to the Antiques and Collectibles Market for the Period from October 1, 20110 through May 5, 2013; and further waiving the remaining balance of the Production Sud Late Charges, in the total sum of $195,350.00. Key Intended Outcome Supported: Increase satisfaction with Family Recreational Activities Supporting Data (Surveys, Environmental Scan, etc.): Recreational activities received excellent or good ratings from 85% of residents interviewed in the 2012 Resident Satisfaction Surve . Item Summary/Recommendation: On September 6, 2006, pursuant Resolution No. 2006-26281, the City entered into three (3) separate management and operating agreements ("Agreements") with The Market Company, Inc., for the operation of the Green Markets on Lincoln Road, Espanola Way and Normandy Isle. A separate management and operating agreement was provided to Production Sud, Inc. ("Production Sud") for operation of the Antique and Collectibles Market on Lincoln Road, all markets collectively referred to as ("Street Markets"}. All Agreements commenced on October 1, 2006 and terminated on September 9, 2009. On July 1, 2009, the City approved the sole renewal options in the respective Agreements, extending the terms for an additional three (3) years, expiring on September 30, 2012. The Espanola Way market has since closed. On September 12, 2012, pursuant to the recommendation of the FCWPC, the City Commission adopted a resolution extending the Agreements on a month-to-month basis, commencing on October 1, 2012 and ending May 31, 2013, and further authorizing the Administration to initiate a new Request for Proposals (RFP} process. On May 8, 2013, the City Commission adopted Resolution No. 2013-28212, extending the management agreements in effect, from June 1, 2013 until such time as a new contract for the street market(s) was executed. On July 17, 2013, the Mayor and City Commission authorized Request for Proposal No. 2013-317ME, for the management and operations of the Street Markets by a qualified firm. The City received three responses to said RFP and is in the process of appointing an evaluation committee to recommend a qualified operator. The City's internal auditors conducted an audit of the Street Markets and found that Production Sud, Inc. owed the total sum of $25,378.50, inclusive of interest, in the amount of $1,336. 75, ("Production Sud Balance"), relating to unpaid sums under the Production Sud Agreement, for which Staff has billed Production Sud. In addition to the Production Sud Balance, Production Sud owes the City the total sum of $205,350.00 for late charges in connection with its failure to timely pay the Production Sud Balance ("Production Sud Late Charges"). Production Sud has offered to pay $1 0,000.00 as settlement of the outstanding Production Sud Late Charges. Since the Production Sud Late Charges accumulated over a period of three years to an onerous sum and the owner for Production Sud had been sick during the time period when the Production Sud Late Charges accrued, the Administration is recommending acceptance of this settlement, thereby waiving the balance, in the amount of $195,350.00. CONCLUSION AND RECOMMENDATlON A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the City Manager to accept the settlement of $10,000.00 toward the total Production Sud Late Charges and further waiving the remaining balance of the Production Sud Late Char es, in the amount of $195,350.00. Advisory Board Recommendation: nla Financial Information: Source of Funds: Amount n Total OBPI Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: I Max Sklar, Extension 6116 Sign-Offs: Department Director Assistant City MS __ KGB T:\AGENDA\2014101-15-14\Antiques Collectibles Penalties Per Audit Summa C9 MIAMIBEACH 856 Account Approved City AGENDA ITEM __,8 ....... 7...L...:....M..:...,__ DATE r/ r-/(f (;9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miarni Beach, Florida 33139, www.rniamibeachH.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City C FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ("CITY"), AUTHORIZING THE CITY MANAGER TO ACCEPT A SETTLEMENT IN THE AMOUNT OF $10,000.00 TOWARD THE LATE CHARGES TOTALING $205,350.00 ("PRODUCTION SUD LATE CHARGES"), WHICH WERE FOUND TO BE DUE AND OWING TO THE CITY PURSUANT TO THE CITY'S AUDIT, IN CONNECTION WITH THE MANAGEMENT AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND PRODUCTION SUD, INC. ("PRODUCTION SUD"), RELATING TO THE ANTIQUES AND COLLECTIBLES MARKET FOR THE PERIOD FROM OCTOBER 1, 2010 THROUGH MAY 5, 2013 ("PRODUCTION SUD AUDIT"); AND FURTHER AUTHORIZING THE CITY MANAGER TO WAIVE THE REMAINING BALANCE OF THE PRODUCTION SUD LATE CHARGES IN THE TOTAL SUM OF $195,350.00. BACKGROUND On September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26281, awarding, pursuant to RFP 30-05/06, the operation and management ("Green Market Agreements") of the Green Markets on Lincoln Road, Espanola Way and Normandy Isle to the Market Company and the operation and management ("Production Sud Agreement") for the Antique and Collectibles Market on Lincoln Road to Production Sud, Inc. (collectively "Street Markets"). The permitted uses for each Street Market is as follows: Lincoln Road Green Market: includes fruits, vegetables, juices, nuts and other related products; plants and cut flowers; Espanola Way Street Market: included arts and crafts; cut flowers and plants; fruits, juices, nuts, and other related products; Normandy Village Street Market: includes arts and crafts; fruits, vegetables, cut flowers, orchids and other related green market products; tropical fruit preserves, dressings, dried fruits and nuts, honey and organic produce; Antiques and Collectibles Market: includes antiques; vintage goods; and collectibles. The City entered into four separate Management and Operating Agreements governing each of the Street Markets, each commencing on October 1, 2006 and terminating on September 9, 2009, (collectively, "Management Agreements"). The Management Agreements provided for an extension of the respective terms for an additional three (3) years, which was approved by the City on July 15 \ 2009. It should be noted that shortly after the renewal options were approved, the Espanola Way Street Market was closed due to lack of interest by the vendors. 857 Antiques & Collectibles Penalties Per Audit City Commission Meeting January 15, 2014 Page 2 of4 The renewal terms were due to expire on September 30,2012 and on September12, 2012, pursuant to the recommendation of the FCWPC, the City Commission adopted Resolution No. 2012-27997, extending the Management Agreements in effect, on a month-to-month basis, for a period ending May 31, 2013. The Resolution further authorized the Administration to begin working on a new RFP process to solicit interest in managing and operating street markets on Miami Beach in one or more of the four locations identified above, as well as to explore expanding the scope to include other areas of the City, provided the identified locations have the support of the respective neighborhood and/or neighborhood association, do not interfere with traffic circulation and parking and don't pose any life-safety and/other code-related problems. Staff required additional time to complete the RFP process and On May 8, 2013, the City Com mission adopted Resolution No. 2013-28212, extending the Management Agreements in effect, from June 1, 2013 until such time as a new contract for the Street Market(s) was executed. On July 17, 2013, the Mayor and City Commission authorized Request for Proposal No. 2013- 317ME, for the management and operations of the Street Markets by a qualified firm. The City is in the process of appointing an evaluation committee to recommend a qualified operator. ANALYSIS The Antiques & Collectibles Market, operated by Production Sud, Inc. ("Production Sud"), is held on Sunday with operating hours of 9:00a.m. until6:00 p.m, twice a month from October through May of each year. The Antiques & Collectibles Market currently operates on Lincoln Road between Meridian Avenue and Michigan Avenue; Michigan Avenue between South Lincoln Lane and North Lincoln Lane; and the west side of Jefferson Avenue, between South Lincoln Lane and North Lincoln Lane, with an average of 128 vendors(+/-). For allowing the Street Markets to operate in their respective locations, the City receives rent equivalent to the greater of a fixed percentage of concessionaire's gross receipts (PG) or an established minimum guarantee {MG) as follows: Markets Lincoln Road Green Market Normandy Isles Market Antiques & Collectibles PG 15% 15% 12.5% MG $9,261.00 $3,858.75 $30,870.00 Additionally, in order to cover the costs associated with facilitating the Antiques & collectibles Market for the general public, the City charges Production Sud Inc. $41.68 per day, in connection with two hours of field monitoring the event; and $100.00 per quarter, toward the cost of pressure cleaning the sites utilized by this Street Market. A summary of the current terms for each of the Street Markets is included as Exhibit "A" to this report. The City's internal auditors conducted an audit of the Street Markets ("Market Audits") and pursuant to said Market Audits, the following sums were found to be due and owing to the City and staff has therefore billed each Concessionaire accordingly: The Markets Company audit for the period from October 1. 2010 through March 31 , 2013: Insurance charges were collected by Concessionaire but were not included in the calculation of the percentage of gross receipts during the audit period; a. Lincoln Road Green Market b. Normandy Isles Green Market Unpaid field monitor increases during renewal term; c. Lincoln Road Green Market d. Normandy Isles Green Market 858 $ 2,845.14 $ 1,249.00 $ $ 154.52 154.42 Antiques & Collectibles Penalties Per Audit City Commission Meeting January 15, 2014 Page 3of4 Late fees in connection with gross receipts payments; e. Lincoln Road Green Market f. Normandy Isles Green Market Cost of the audit due Total Green Markets Balance Billed ..................................................... . $ 7.72 $ 26.67 $11,792.35 $16,229.82 The Antiques & Collectibles audit for the period from October 1, 2010 through May 5, 2013 ("Production Sud Audit): Failure to pay for market dates of May 8, 2011, February 19, 2012, and February 26, 2012 Unreported table rental revenues during the audit period excluding late fees 24 corner spaces available where the concessionaire could have charged applicable vendors an extra $20.00 each. Using this assumption and allowing for three rain outs {October 9, 2011, April 29, 2012 and April 21, 2013) during the audit period, Concessionaire owes an additional Pressure Cleaning (8 months operating/12 months in a year) x ($1 00.00 Quarterly payments x 4 quarters)= $366.67/year for pressure cleaning, ({$266.67 x 3 years audited)-($366.67) in payments received, balance owed to the City Field Monitor Balance owed Interest Late Charges ("Production Sud Late Charges") Cost of Audit Total Production Sud Balance Billed (* Production Sud Late Charges have not been billed) .................................................................. . A copy of the Production Sud Audit is attached hereto as Exhibit "B". $ 6,271.26 $ 2,532.33 $ 2,880.00 $ $ 434.34 123.72 $ 1,336.75 $205,350.00* $ 11,800.10 $25,378.50 Pursuant to Section 13.2 of the Production Sud Agreement, there is a late charge of $50.00 per day for any payment not made within five (5) days from the due date. The total Production Sud Balance due to the City was not determined until such time as the Production Sud Audit was conducted and finalized. Production Sud has paid all sums billed to date, with the exception of the interest and cost of the audit, which were billed on December 30, 2013. In response to the Production Sud Audit findings, the owner of Production Sud cited that he was going through medical treatments and was not able to keep up with the his business as usual. In good faith, Production Sud has offered to pay the total sum of $10,000.00 as a settlement of the outstanding Production Sud Late Charges, totaling $205,350.00. In light of the foregoing and since the Production Sud Late Charges accumulated over a period of three years to such an onerous balance, the Administration is recommending acceptance of this settlement, thereby waiving the balance of the outstanding Production Sud Late Charges, in the amount of $195,350.00. In light of the magnitude of the balance, the Administration seeks authorization from the Mayor and City Commission to proceed with its recommendation. CONCLUSION AND RECOMMENDATION Based upon the foregoing, the Administration is recommending a resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the City Manager to accept a settlement in the amount of $10,000.00 toward the late charges totaling $205,350.00 ("Production Sud Late charges"), which were found to be due and owing to the City pursuant to the City's audit, in connection with the Management Agreement between the City and Production Sud, Inc., relating to 859 Antiques & Collectibles Penalties Per Audit City Commission Meeting January 15, 2014 Page 4of4 the Antiques and Collectibles Market for the period from October 1, 2010 through May 5, 2013; and further authorizing the City Manager to waive the remaining balance of the Production Sud Late Charges in the total sum of $195,350.00. JLM\ ~MS\GNT Atta~~~ts: "A" Summary of Current Terms for Street Markets "B" Production Sud Audit T:/Agenda/2014/January 15, 2014/Antiques Collectibles Penalties Per Audit Memo January 15, 2014 860 CURRENT MARKET AGREEMENT TERMS AS OF DECEMBER 30,2013 Lincoln Road Green Market Operator: The Market Company, Inc. -Claire & Don Tomlin (305) 775-2166 Use: Schedule of Operation: Location: Commencement Date: Initial Term Ending Date: Renewal Term Ending Date: Term: • Initial Term: • Renewal Term: Security Deposit: Rent Amount: • Additional Rent: Open Air Street Market, Plants and Cut Flowers, Fruits, vegetables, and other edible products and related food items. Days: Sundays only Time: Sunday 9:00am to 6:00pm Uncoln Road, bet Washington Avenue & Meridian Avenue October 1SI, 2006 September 30th, 2009 September 30", 2012-Extended on a month-to-month basis Three (3) years Option to renew three (3) additional years. Exercised-Exercised on July 1, 2009. $1,000.00 MG $9,261.00 or 15 % percent of gross receipts, whichever is greater. Field Monitor $20.84 per hour. Reflects renewal term, increase of 5% per contract year; Pressure deaning on a quarterly basis paid to the City in the amount of$100; Electricity@ $4.00 per market day per vendor requiring the use of electricity Normandy Village (Isle) Street Market Operator: The Market Company, Inc. -Claire & Don Tomlin (305) 775-2166 Use: Schedule of Operation: Location: Commencement Date: Rent Commencement Date: Initial Term Ending Dare: Renewal Term Ending Date: Term. • Initial Term: • Renewal Term: Security Deposit· Rent Amount: • Additional Rent Open Air Street Market. Arts and Crafts Merchandise. Plants and Cut Flowers, Fruits, vegetables, and other edible foods, Live Entertainment Days: Saturdays Only Time: Saturday 9:00am to 5:00pm Normandy Isle, Rue Vendome, south side of fountain October 151, 2006 October 1st, 2006 September 3011, 2009 September 30"', 2012 Three (3) years Option to renew three (3) additional years. Exercised -Exercised on July 1, 2009. $400.00 MG $3,858.75 or 15% percent of gross receipts, whichever is greater. Field Monitor $20.84 per hour. Reflects renewal term, increase of 5% per contract year; Pressure cleaning on a quarterly basis paid to the City in the amount of $100 annually; Electricity @ $4.00 per market day per vendor requiring the use of electricity. Exhibit "A" 861 Marlf:et Summaries Antiaues and Collectibles Market Operator: Production Sud, Inc.-Tony Angione & Lou Bondi (305) 336-1049 Use: Scnedu/6 of Operation: Location.· Commencement Date: Initial Term Ending Dale. Renewal Term Ending Date: Term: • Initial Term: • Renewal Term: Security Deposit: Rent Amount: • Lincoln Road Open Air Street Markel -Antiques, Vinlage Goods, and/or Collectibles Days: Sundays only (twice monthly. October-May) Time: Sunday 9:00am to 6:00pm Lincoln Road, bet Jefferson Avenue & Michigan Avenue October1!1,2006 September 30, 2009 September 30, 2012-Extended on a month-to-month basis Three (3) years Option to renew three (3) additional years. Exercised -Exercised on July 1. 2009 $2,500.00 MG $30,670.00 or 12.5% gross receipts whichever is greater Additional Rent: Field Monitor $20.84 Dollars per hour. Reflects renewal tenm increase of 5% per contract year; Pressure cleaning on a quarterly basis paid to the City in the amount of $1 00; Electricity@ $4.00 per market day per vendor requiring the use of electricity. Field Monitor required for a minimum of two (2) hours daily on Sunday mornings in order to assist and facilitate during set-up times. Antiques & Collectibles Field Monitor required for a minimum of two (2) hours daily on Sunday mornings in order to assist and facilitate during set-up times. Normandy Isle Field Monitor required for a minimum of two (2) hours daily on Saturday mornings in order to assist and facilitate during set-up times 862 <9 MIAMIBEACH BUDGET AND PERFORMANCE IMPROVEMENT Internal Audit Division INTERNAL AUDIT REPORT TO VIA: FROM: Jimmy L. Morales, City Manager ~ John Woodruff, Office of Budget an~rf~ce Improvement Department Directo James J. Sutter, Internal Auditor?"'~ " DATE: November 6, 2013 AUDIT: Production Sud, Inc. Management and Operation Agreement Audit PERIOD: October 1, 2010 through May 5, 2013 (the last market for the 2012113 fiscal year) This report is the result of a regularly scheduled audit of the management and operation of the Antiques and Collectibles market held on Lincoln Road, Jefferson Avenue and Michigan Avenue during seventeen designated dates (weather permitting} between October and May annually in adherence to the signed concession agreement. INTRODUCTION After Production Sud, Inc. staged the Antiques and Collectibles market for several years as a special event, the City Commission adopted Resolution No. 2004-24947 authorizing the issuance of a Request for Proposals (RFP) to manage and operate the same under a concession agreement. They were subsequently selected and approved via Resolution No. 2004-25682 to operate the market between October 1, 2004 and September 30, 2005 with the City having the sole discretion for an additional one year term. RFP No. 30-05/06 was issued during this agreement's renewal period which eventually resulted in the City Commission's adoption of Resolution No. 2006-26281 and its attached concession agreement authorizing Production Sud, Inc. to manage and operate the Antiques and Collectibles market through September 30, 2009. This detailed document covered a variety of topics including concession fees, facility maintenance, facility uses, etc. with the City ultimately opting to extend its terms an additional three years through September 30, 2012. Lastly, the City Commission through the ratification of Resolution No. 2012-27997 approved the Finance and Citywide Projects Committees recommendation to extend this expired concession agreement's terms on a month to month basis until at least May 31, 2013. OVERALL OPINION Production Sud, Inc. (concessionaire) has managed and operated the Antiques and Collectibles mar1<et in Miami Beach for more than ten years. This vendor based business requires strong internal controls, sufficient documentation and perpetual supervision to help ensure compliance with the signed concession agreement's terms and to verify that the monies collected and remitted to the City are sufficient. Unfortunately, the City has not adequatety monitored the concessionaire's actions to determine their appropriateness during the audit period. Additionally, the concessionaire did not maintain sufficient organized detailed information listing which vendors were present at each market, how Exhibit "811 863 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 many tents and/or tables were rented, what amounts were paid by the vendor and when, etc. that would support their corresponding remittances to the City. In Its absence, one has to rely on the concessionaire's integrity that all identified vendor payments were deposited intact into their Bank of America operating account. Given this assumption, the following shortcomings were noted based on our site visit observations, inquiries of key personnel and testing of the documents provided: • Financial deficiencies are listed which resulted in the concessionaire underpaying the City by a total of $12,364.68 plus potentially the cost of this audit pending the outcome of future discussions per section 6 of the signed concession agreement. • The concessionaire was not billed interest and late charges for tested rental, Field Monitor salary reimbursements and pressure cleaning payments received after the due dates specified in the signed concession agreement. • Various inconsistencies observed with the signed concession agreement's terms during a Sunday May 5, 2013 site visit are listed. • Space rental prices charged to market vendors were increased from Exhibit 3.1 of the signed concession agreement despite not first receiv;ng approval from the City Manager or his designee. • The current required $2,500.00 security deposit in section 4.1 of the signed concession agreement does not satisfactorily protect the City's interests in the event of the concessionaire's nonperformance. • The City's Redevelopment Coordinator or his designee did not receive or request the audited annual statements of gross receipts required in section 6 of the signed concession agreement during the audit period. • The last insurance policy certificate received from the concessionaire by the Redevelopment Coordinator expired on January 14, 2012 thereby potentially increasing the City's risk exposure. Once requested from the concessionaire, a new policy was promptly received which was subsequently approved by the City's Risk Manager for sufficiency. • The concessionaire was not required to pay the City prior to the engagement occurring per Police Off-Duty Standard Operating Procedure #011. Also, the corresponding monies remitted were not timely delivered to the Central Cashier's Office for processing as shown by the 116 days that it took for January 29, 2012's payment to be deposited and posted to the City's Financial System after i1 was received by the police officer at the market's conclusion. PURPOSE The purpose of this audit is to determine whether Production Sud, Inc. timely paid the appropriate monies to the City which is properly supported with sufficient documentation and internal controls; was in compliance with such selected signed concession agreement terms as maintaining the required Insurance coverage, selling only approved products, positioning vendors in accordance with the site plan, etc.; and whether all the tested payments received were timely and accurately recorded in the City's Financial System. Page 2 of 17 864 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 SCOPE 1. Confirm by examination of the provided books, records and operation, that Production Sud, Inc. (concessionaire) used acceptable accounting control devices, internal controls and records to control sales and tha1 the corresponding payments were correctly calculated and timely remitted in accordance with the signed concession agreement. 2. Confirm that tested files and records are neatly organized, sufficient and properly maintained. 3. Confirm that the concessionaire is current with all tested taxes, fees and licenses. 4. Confirm that the concessionaire has complied with such selected criteria described in the signed agreement as maintaining the required insurance coverage, adherence to approved product listings and site plans, the timeliness of submitted documents, etc. 5. Confirm that the concessionaire's remitted market payments were complete and accurately calculated. 6. Confirm that all tested payments received were timely and accurately recorded in the City's Financial System. PROCESS DESCRIPTION The Antiques and Collectibles mar1<et was approved to operate on Lincoln Road between Meridian Avenue and Alton Road on designated Sundays between the hours of 9:00am and 6:00pm. The approved concession area also included Michigan and Jefferson Avenues between South and North lincoln Lanes whereby the respective parking meters were bagged and the streets closed. Vendors are permitted to sell antiques (items created at least 1 00 years prior), vintage goods (items of high style and quality created at least 25 years prior) and collectibles Uewelry, reproductions, bric-a-brac, memorabilia, arts and creative uses of recycled components, etc. in the spirit of antique and/or vintage) in accordance with the site plans in Exhibits 2.1 and 2.2 of the signed concession agreement. Any changes from the site plan or items sold have to be approved in advance by the City Manager or his designee. Production Sud, Inc. (concessionaire) was required to fumish the City with a $2,500.00 security deposit in accordance with section 4.1 of the signed concession agreement plus the following monies for each staged market date: • 12.5% of gross receipts within thirty days following the end of each month for which a market is held. Additional rental monies shall be due if the $29,400.00 annual minimum guarantees promised to the City exceeds the total of the 17 designated annual market payments. • At least one off-duty police officer at the concessionaire's sole cost and expense is to be present during all hours of operation including set-up and break down periods. • $18.00 per hour for a minimum of two hours per market date is to be paid to reimburse the City for costs incurred by the Office of Real Estate, Housing and Community Development's Field Monitor in monitoring the concessionaire's activities (to increase by 5% annually after the initial agreement's terms ended on September 30, 2009 which Page 3 of 17 865 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 therefore equaled $18.90 for the 2009/10 fiscal year, $19.85 for the 2010/11 fiscal year and $20.84 for the 2011/12 and 2012/13 fiscal years}. • The designated parking meter space rental and administrative charges associated with the bagging ofthe meters on the 1600 blocks of Jefferson and Michigan Avenues. • $266.67 annually to help cover the cost of pressure cleaning the concessior area to be paid as follows: $100.00 by December 31'\ another $100.00 by March 31'1 and the remaining $66.67 balance by June 30th. The following table summarizes the rounded payments received from the concessionaire during the audit period by fiscal year and revenue source {excludes those amounts owed according to finding number 1 ): Revenue Source Fiscal Year Fiscal Year 10/01112-Total By 2010111 2011112 03/31113 Revenue ( 6 MONTHS) Source Rent (1:2.5% of Gross Receipts) $35,750 $34,835 $35.723 $106,308 Off-Duty Pollee Officer $6,800 $7,335 $11,190 $25,325 ... Field Monitor $662 $640 $583 $1,885 Meter Space Rentals $3,130 $5.060 $5,110 S13,300 Pressure Cleaning $100 $0 $267 $367 Total by Fiscal Year $46,442 $47,870 $52,873 $147,185 The Office of Real Estate, Housing and Community Development's Redevelopment Coordinator was tasked with monitoring the concessionaire's compliance with the signed agreement's terms. The individual market payments and supporting documentation (excluding parking meter space rentals) were received by his designee, an Office Associate V, before being processed by the Finance Department's Central Cashier's Office and posted to the applicable general ledger accounts in the City's Financial System. Meanwhile, the concessionaire's meter space rental payments were received by the Parking Department's Meter Rental Liaison where they were separately recorded and tracked to ensure that all balances were paid in full before the corresponding 29 parking meters were red bagged by the Enforcement Division. This recording process was recently changed in March 2013 as received payments are now processed by the Central Cashier's Office and posted to the City's Financial System just like the other aforementioned received concessionaire payments. FINDINGS, RECOMMENDATIONS AND MANAGEMENT RESPONSES 1. Finding: Financial Deficiencies Resufting in the Concessionaire Owing the City a Total of $12,364.68 Plus Potentially the Cost ofthe Audit are Usted The following financial deficiencies totaling $12,364.68 were found after conducting inquiries with key personnel and reviewing Production Sud, Inc.'s (concessionaire) provided documentation: Page 4 of 17 866 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 a. The Office of Real Estate, Housing and Community Development's Field Monitor is to be present to monitor operations for a minimum of two hours daily on market days. Subsequent inquiries found that the dates that the market operated, the number of vendors and/or tents present, etc. were not recorded during the completion of his assigned duties. As a result, the City Is dependent on the effectiveness of the concessionaire's implemented internal controls and the accuracy of the records maintained in reporting their gross receipts. However, the concessionaire did not maintain sufficient detailed documentation for each market date to facilitate reconciling to the reported gross receipts and revenues paid to the City. For example, a summary revenue report was not maintained for esch market date that listed the name of each participating vendor; the number of tents and tables rented with the corresponding amounts due; the amounts paid by the vendor with the assoclated date(s) and payment method; the relevant deposit date and amount; etc. The concessionaire did provide bank statements, cancelled checks and credit card listings showing that monies were received but no assurances could be obtained regarding their completeness. As a result of these insufficient records, Internal Audit had to assume that all vendor payments were deposited intact into their Bank of America operating account and were properly separated from other monies attributable to the concessionaire's operation of a Coconut Grove antique store. b. A comparison of the 51 agreed upon market dates occurring during the audit period (17 annually x 3 years) with the concessionaire's corresponding payments found that the City did not receive payment for frve different dates. Of these, the concessionaire claimed that markets were held on May 8, 2011, February 19, 2012 and February 26, 2012 and they proceeded to remit the corresponding rental payments of $1,141.88, $2,510.63 and $2,618.75 respectively In June 2013. They continued to state that another unreported market date (October 9, 2011) was cancelled due to rain. As previously mentioned, the Field Monitor did not record whether the market was actually held so the City had to rely on the integrity of the concessionaire. An internet weather search found that the .27 inches of precipitation were received on October 9, 2011 but realizes that this data is not necessarily the determining factor as the concessionaire decides 72 hours in advance of the market date based on meteorological forecasts whether to hold the market due to the costs involved. For example, the April 29, 2012 market was held but few vendors showed as 2.86 inches of rain fell during the day but conversely the Apri121, 2013 market was cancelled due to predicted rain but none occurred. c. Section 4.2 of the signed concession agreement states "During the initial term, and any renewal tenn, of the Agreement, Concessionaire shall pay the City, on a monthly basis, and within thirty (30) calendar days from the end of each month during the tenn herein, an amount equal to twelve end one half (12.5%) percent of Concessionaire's gross receipts_._ ... The term "gross receipts" is understood to mean all income, whether collected or accrued, derived by the Concessionaire Page 5 of 17 867 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 under the privileges granted by this Agreement, excluding amounts of any Federal, State, or City sales tax, or other tax, governmental imposition, assessment, charge or expense of any kind, collected by the Concessionaire from customers and required by Jaw to be remitted to the taxing or other governmental authority." Subsequent testing found that any profits earned from table rentals (vendors are charged $12.00 for each table rented while Sunshine Tents and Event Rentals were paid $8.00 each less any applicable delivery charges) were incorrectly excluded from the concessionaire's gross receipt calculations as they believed that no monies were made as it was a pass through. Internal Audit's subsequent calculations allowing for 15 unrented tables at each market date, determined that the concessionaire owes the City a total of $2,532.33 for unreported table rental revenues during the audit period excluding late fees. d. The concessionaire charges vendors an additional $20.00 to be located on a comer which was confirmed with several vendors during our Sunday May 5, 2013 site visit. Again, these additional revenues were incorrectly excluded from the concessionaire's gross receipt calculations and their corresponding payments to the City. Upon review of the site plan and per discussions with the concessionaire, there were 24 corner spaces available whereby the concessionaire could have charged applicable vendors an extra $20.00 each. It was subsequently calculated using this assumption and allowing for three rain outs (October9, 2011, April29, 2012 and April 21, 2013) during the audit period that the concessionaire owes an additional $2,880.00 to the City excluding lata fees. e. Section 10.3 of the signed concession agreement states "Concessionaire shall reimburse the City on a quarterly basis throughout the Term of this Agreement, in the amount of One Hundred ($100) Dollars; said reimbursement represents the City's cost to pressure clean the Concession Area, as defined hurein." Since the concessionaire only operates annually October through May (8 months), the annual pressure cleaning fee payments were prorated to equal $266.66 {(8 months operating/12 months in a year) x ($1 00.00 quarterly payments x 4 quarters). Subsequent testing found that only $366.67 in pressure cleaning payments were received during the audit period resulting in the City being owed a total of $434.34 (($266.67 x 3 years audited)-($366.67 in payments received). Section 3.6.2 of the signed concession agreements state "Additionally, Concessionaire agrees and understands that a Field Monitor, who wilf report to and be under the direction of the City, is required to and ba under the direction of the City, is required for a minimum of two (2) hours daily on Day(s) of Operation.... Concessionaire's responsibi!J1y for the costs associated with seid Field Monitor position for the initial term shall be limited to eighteen ($18.00) dollars per hour {10101106-09130109}. During the renewal term, said limit shall be increased by five (5%) percent per contract year {~18.90 for 10101109 - 09130110, $19.85 for 10101110-09130111, and $20.84 for 10101111-09130112 and 10101112-09130/13}." Testing found that the concessionaire underpaid the City by a total of $246.75 in Field Monitor salary reimbursements which consisted of five market dates' payments of $206.42 that were not received ($39. 70 for May 8, 2011; $41.68 for February 19, 2012: $41.68 for February 26, 2012; $41.68 for Page 6 of 17 868 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 December 9, 2012; and $41.68 for December 23, 2012) plus $40.33 resulting from various payments made at the incorrect hourly rates. The concessionaire subsequently remitted $123.03 upon notification from Internal Audit thereby reducing the amounts currently owed for Field Monitor salary reimbursements to $123.72 ($246.75-$123.03). Although these pressure cleaning and Field Monitor salary reimbursement amounts were fixed for each year, the Redevelopment Coordinator or his designee did not create a City Bill in the Eden System's Accounts Receivable module in advance for each market date with the prescribed amounts. Instead, the current practice was to create the corresponding City Bill only upon receipt of the monies thereby making it more difficult to identify missing or incorrect payments. Section 6 of the signed concession agreement states ·rhe City shall be responsible for paying all costs associated with such audits, unless the audit(s) reveals a deficiency of frve percent (5%) or more in Concessionaire's statement of gross receipts for any year or years audited, in which case the firm shall pay to the City, withfn thirty (30) days of the audit being deemed final (as specified below}, the cost of the audit and a sum equal to the amount of the deficiency revealed by the audit, plus interest;." Pending the outcome of this audit, the current concessionaire's total gross receipts financial deficiency equals 10.99% (($50,170.08 rents+ $20,258.64 table rentals+ $23,040.00 corner booth space tent rentals) I ($850,468.08 in total gross receipts reported to the City during the audit period) which exceeds the 5% threshold thereby making Production Sud, Inc. potentially responsible for the costs of this audit Recommendations: The implementation of the following recommendations should help resolve the findings addressed above: a. The concessionaire should create and maintain a summary revenue report far each market date that contains the name of each participating vendor; the corresponding number of tents and tables rented and amounts due; the payment type, date received and the amount for each vendor; the corresponding bank deposit information; etc. This report could be used to help calculate each market's gross receipts and should be submitted along with the corresponding payment to the Office of Real Estate, Housing and Community Development to help provide a better audit trail. Any cash paying vendors should receive a pre-numbered receipt to verify that monies were received. Also, the concessionaire should maintain supporting documentation informing readers of each bank deposit's composition and/or consider using a separate bank account for Antiques and Collectibles market transactions. b. The new Field Monitor hired on March 25, 2013 has been recording the number of vendors present at each market and their locations, the number of tents used, etc. along with his other duties. The City should subsequently compare this information with the submitted payment's supporting documentation to verify their accuracy. Page 7 of 17 869 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 The City should also ensure that payments are received for each designated market date. If tne market date is cancelled for rain, illness, etc. then the concessionaire should submit a signed letter stating so which should then be confirmed by the City's Field Monitor. c -d. Going forward under the current expired concession agreement's terms, any additional monies collected from vendors such as for renting tables (less their rental cost) and corner spaces should be included in the concessionaire's gross receipts. As a result of their omission from gross receipts during the audit period, the separate City Bills should be created in the Eden System's Accounts Receivable Module for $2,532.33 and $2,880.00 respectively unless the concessionaire provides timely sufficient documentation showing the inaccuracies of these estimated amounts. e. The City should more closely review the accuracy and completeness of the concessionaire's pressure cleaning and Field Monitor salary reimbursement payments. He/she should also create City Bills in advance for these fixed amounts to help increase the likelihood that the correct monies are received for each market date. Meanwhile, City Bills for $434.34 and $123.72 should be promptly created invoicing the concessionaire for not remitting the required pressure cleaning and Field Monitor salary reimbu:sement payments. Based on the results of this audit and the ensuing negotiations, the City should invoice the concessionaire for the costs associated with this audit if the amount of the deficiency continues to exceed the 5% thresnold designated in section 6 of the signed concession agreement. Management Responses (Office of Real Estate, Housing and Community Development): As of March 30, 2013, the Office of Real Estate hired a full time Field Monitor who has been effectively documenting the necessary information in order to properly ensure the accuracy of the information provided by the concessionaire, which includes the categories which he monitors, such as. number of vendors and/or tents present at a particular day; whether or not said vendor was using electricity at the site, whether or not there was security present and also spot check vendors in order to ascertain how much they are paying for their space/tents etc. ("Market Information"). The first Antiques and Collectibles market which the Field Monitor had an opportunity to monitor was May 5, 2013, which was also the last day this market was open. In addition, a new Leasing Specialist was assigned effective April 29, 2013 to manage the Antiques and Collectibles market on behalf of the City, Since May 16, 2013, the Office of Real Estate is reporting to the Director of Tourism, Culture and Economic Development. The department has been in the process of setting up procedures to improve the accountability and efficiency of the Office of Real Estate. The Office of Real Estate will require the concessionaire to complete a designated vendor listing form which will have to be submitted with the percentage rent every month. This form will allow the Leasing Specialist to compare what the Concessionaire has submitted with the report prepared by the Field Monitor. Page 8 of 17 870 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 Based upon the recommendations contained in the Audit Report, Office of Real Estate shall implement the following new procedures: • Continue with the current practice of having the field monitor prepare Market Information; • Require the concessionaire to submit the completed designated vendor listing form when making the monthly remittance; • Require the concessionaire to provide receipts from the vendors for each remittance; • If the market date is cancelled for rain, illness, etc., the concessionaire will be required to submit a signed letter stating so, which information will be confirmed by the City's Field Monitor's report; • The Asset Manger will set up automatic payments on the Eden System for the fixed sums which the concessionaire owes so that these sums may be secured per the agreement; • The Asset Manager shall secure the proper insurance requirements prior to providing the signed management agreement to concessionaire and set up with Eden and Outlook, the expiration dates so that they will be automatically updated by the support staff. b. WHh the Field Monitor effectively documenting the Market Information, along with the Supplemental Management Practices, the office will be able to accurately manage the markets. Upon being placed on notice of this balance, the concessionaire paid in full c-d. With the Field Monitor effectively documenting the Market Information, along with the Supplementa1 Management Practices, the office will be able to accurately manage the markets. The Office of Real Estate has billed the concessionaire for these sums and payment in full has been received. e. As part of the Supplemental Management Practices, commencing with the new contract for the Antiques and Collectibles Market, Office of Real Estate has set up, in the Eden System, all fixed sums when they come due, so that an automatic bill wfll be generated in advanced. Moving forward, as Leasing Specialist reviews receivables each month, bills for late fees and additional penalties will be mailed out. Office of Real Estate has billed concessionaire for the sums due for uncollected pressure cleaning and Field Monitor fees and concessionaire has paid. Concessionaire Responses: We apologize for not submitting payments for three shows, May 2011, February 19th and 26th 2012. One of the principles was very sick during this period, which was an emotional and chaotic period for us. This is the only time in so many years that this has happened and we think the new systems setup by the City of Miami Beach and Production Sud will address this problem and Production Sud has since submitted these three payments to the City. n the past, the City has issued bills quarterly for the pressure cleaning, and we may have been confused by the change in procedure. Going forward, we offer to pay for the entire year all at one time. We Will depend on the City's judgment. Page 9 of 17 871 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 2. Finding: The Concessionaire was Not Billed Interest and other related Late Charges for Tested Payments Recef.led after the Markets' Designated Due Dates Section 4.2 of the signed concession agreement states "During the initial term, and any renewal term, of the Agreement, Concessionaire shall pay the City, on a monthly basis, and within thirty (30) calendar days from the end of each month during the term herein, an amount equal to twelve and one half (12.5%) percent of Concessionaire's gross receipts (PG)." As needed, the concessionaire issued separate checks to pay for the rent, off~duty police officer(s), Field Monitor's salary reimbursement, parking meter space rentals and pressure cleaning associated with the staged Antiques and Collectibles markets. If any of these payments were not received by the due dates listed in section 4.2, the signed concession agreement states that they are subject to interest at 12% per annum (section 4.5) plus a late charge of $50.00 per day for any payment received after five days of its due date (section 13.2). While this daily late fee is specifically outlined in the agreement, calculation of these fees for any extended period of time causes the amount owed to be extremely high as shown below. The Office of Real Estate, Housing and Community Development did not time/date stamp any of the reviewed concessionaire payments supporting documentation upon receipt. Given the occasional lengthy span between the concessionaire's prepared check date and the actual date i1 was processed by the Finance Department's Central Cashier's Office, Internal Audit elected to use the check date as the date received in its calculations to determine the payment's timeliness. Given this conservative assumption, testing identified that the following number ot late payments were received resulting in the listed interest and late charges being applicable: • 24 of the 49 applicable market dates (51 scheduled dates ~ 2 complete rain outs) or 48.98% of the received rental payments resulting in $1,330.02 in interest and $95,450.00 in late charges. $77,600.00 of these total late charges or 81.30% originated from the concessionaire's failure to pay the rental payments associated with the May 8, 2011, February 19, 2012 and February 26, 2012 markets until notified by Internal Audi1 of their omission. • 23 of the 47 applicable market dates (51 scheduled dates-2 complete rain outs -December 9, 2012 and December 23, 2012 for which payment has not yet been received) or 48.94% of the received Field Monitor salary reimbursement payments resulting in $27.43 in interest and $96,500.00 in late charges. $77,450.00 of these total late charges or 80.26% originated from the concessionaire's failure to pay the rental payments associated with the May 8, 2011, February 19, 2012 and February 26,2012 markets until notified by Internal Audit of their omission. Furthermore, the amount of interest and late charges will also increase once the missing Field Monitor salary reimbursement payments for December 9, 2012 and December 23, 2012 are received. • Three of the four pressure cleaning payments received (five others have not been received to date) or 75% resulting in $9.30 In Interest and $13,400.00 in late charges. Again, the amount of interest and late charges will increase once these five missing payments have been remitted. Despite the receipt of these numerous late payments, it was determined that the City's Redevelopment Coordinator or his designee did not invoice the concessionaire for any interest ($1,366.75 total above} and/or late charges ($205,350.00 total above) incurred during the audit period. Page 10 of 17 872 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 Recommendations: The Office of Real Estate, Housing and Community Development should time/date stamp all concessionaire received documents to aid in determining the timeliness of their submittal. Furthermore, the City should more closely monitor the concessionaire's payments to ensure that they are received by the designated due dates. If not. a City Bill in the Eden System's Accounts Receivable Module should be promptly created invoicing the concessionaire for the applicable amount of interest and late charges incurred which would include the remaining unpaid amounts identified above. Finally, the City Administration should decide on the appropriate amount to invoice the concessionaire as the $50.00 daily late charge provision seems unreasonable as it represents 150 times the calculated interest due. Management Responses (Office of Housing, Real Estate and Community Development): Pursuant to the Supplemental Management Practices, Office of Real Estate will be able to capture any Interest or late charges which accrue, as they accrue. The Administratton is currently determining whether or not to charge concessionaire for the interest or late charges which have accrued. 3. Finding: Assorted Inconsistencies Observed with the Signed Concession Agreement's Torms during a Sunday May 5, 2013 Site Vfsit are Listed The following points summarize the results of Internal Audit's observations and inquiries during a Sunday May 5, 2013 site visit of the Antiques and Collectibles market: a. The signed concession agreement's section 2 supported by Exhibits 2.1 and 2.2 describe the concession area as Lincoln Road betv.reen Meridian Avenue and Alton Road plus Michigan Avenue bordered by South and North Lincoln Lanes. Furthermore, it states that the concessionaire shall not deviate from or alter the approved site plans without the prior written consent of the City Manager or his designee according to section 3.1.2. The concessionaire provided an amended site plan which included Jefferson Avenue between North and South Lincoln Lanes due to the loss of the 11 00 block of Lincoln Road between Lenox Avenue and Alton Road. The inclusion of vendor booths on Jefferson Avenue with its openness allowed the concessionaire to exceed the maximum number of booth space tent rentals (115) listed in Exhibits 2.1 and 2.2 of the signed concession agreement during various markets in deference to section 3.1.3. For example, documentation provided by the concessionaire showed that 123 tents were rented at the February 3. 2013 market. b A majority of vendors did not have their designated placards posted showing such identifying information as their name, their assigned vendor number and the authorized products to be sold. Recommendations; The implementation of the following recommendations by both the concessionaire and the City should help facilitate market operations: Page 11 of 17 873 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 a. Tile concessionaire should not exceed the maximum number of booth space tent rentals (115} at a designated market date without prior approval from the City. b. Market vendors should always display their placards providing their identifying information to its readers. Management Responses (Office of Real Estate, Housing and Community Development}: Through the Supplemental Management Practices, Office of Real Estate should be able to determine whether or not the concessionaire is in compliance with the approved site plan and enforce same. The new contract should specify a maximum amount of spaces/tents which may be designated for this location and further require that the concessionaire require vendors to display their placards providing their identifying information to its reeders. Concessionaire Responses: Production Sud thought that it was sufficient to simply Inform the City's Field Monitor about any price changes and any show cancellations due to weather. Note: the Field Monitor was informed about any price changes; also any and all changes were also reflected In the vendor contracts on our website and were also listed and calculated in all monies submitted to the City. We will conform to any new procedures that the City puts forward. The amended site plan was submitted by the City in response to the Antique Market losing 28 spaces on the 11 00 block of Lincoln Road for three seasons which was a loss of revenue for Production Sud, and also the City of Miami Beach. Placards are always affixed on all tents with vendor name/ info, by 6.a.m. or earlier As to show dealers where they are placed on that moming of the show. 4. Finding: Space Rental Prices were Changed from Exhibit 3.1 of the Signed Concession Agreement without First Receiving City Approval Section 18 of the signed concession agreement states "Concessionaire agrees that prices charged for facilities end or space (booth) rental, be consistent with the price schedule(s) herein submitted by the Concessionaire and approved by the City and incorporated herein as Exhibit 3.1 to the Agreement. All subsequent price increases and amendments to Exhibit 3. 1 must be approved in writing by the Cffy Manager, or his designee, and prior to such changes being implemented within the Concession Area a new updated Exhibit 3. 1 will be incorporated into this Agreement. Notwithstanding the foregoing, Concessionaire agrees and acknowledges that any discounted prices it may offer for the rental of facilities shalf not in any way reduce the amount of remuneration due to the Cily, including but not limited to the Percentage of Gross (Section 4.2), which shall be based and calculated on the prices set forth in said Exhibit 3.1. n The concessionaire provided documentation showing that vendors were consistently charged $185.00 for single booth space tent rentals and $170.00 for each tent when more than one is rented. However, the rental fee schedule in Exhibit 3.1 of the signed concession agreement states that single prices should be $165.00 from October through December, $185.00 for January and February, and $165.00 for March through May. Similarly, double booth space tent rental fees are to equal $300.00 from October through December, $330.00 for January and February, and $300.00 for March through May. Although the concessionaire and the City both benefit from these increased prices charged, no evidence was found indicating that the City Manager or his designee had approved these revisions in advance or had created a new Exhibit 3.1. Page 12 of 17 874 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 Vendors Will also occasionally not show up to the markets resulting in unmanned tents and leaving the concessionaire with no financial recourse since they are not obligated per a signed contract In these instances, other vendors are typically permitted to use these tents at no charge. Similarly, the concessionaire will allow pre-selected vendors to use ex1ra tents at no charge during slower markets to make them fuller and more attractive to patrons as confirmed during the May 5, 2013 site visit. Finally, the concessionaire operates two booths at each market. The concessionaire did not treat these aforementioned complimentary booth space tent rentals as if they were paying vendors and include these unpaid full amounts in the gross receipts figure upon which 12.50% is due to the City. Recommendations: The concessionaire should fully comply with section 18 of the signed concession agreement and not increase prices unless approved in advance by the City Manager or his designee. Also, any complimentary booth spaces/tents given to vendors or used by the concessionaire should be included in the amounts paid to the City as if the corresponding individuals had remitted full price. Management Responses (Office of Real Estate, Housing and Community Development): Office of Real Estate is preparing a letter agreement between the City and concessionaire to update the current fees so the concessionaire may be brought under compliance. Concessionaire Responses: The contract referred to above here is from October 2008 to May 2009 season and Produc1ion Sud has not charged that older $165 fee change since then. Also, the City was sent all the fees with any adJusted rates on that year. $185 is the current uniform price since Oct 2010 to 2013. It is also an industry standard to a How booked vendors to move items into an adjoining empty tent the day of the show at no extra cost to any dealer's lucky enough to be situated close by, as it is important that the show looks full and successful at all times. It is also an industry standard that the promoters do not pay for their tents, or their presence at the shows, as they promote the event & conduct all public and dealer information. During even slower market months we need to address that this is a Special Event, and we need to make it as exciting and interesting as we can, as to compete and compare this city and the Antique Markets, as done in all major cities like London, Paris, New York City. 5. Finding: The Listed Areas in the Signed Concession Agreement Effective since October 2006 Needs to be Updated Review of the signed concession agreement's terms in effect since October 1, 2006 contained ttle following terms that are in need of revision: a. Section 3.10 of the signed concession agreement states that tt"le concessionaire shall obtain the applicable "Retail Sales" category City occupational license/business tax receipt. However, subsequent inquiries with the City's Revenue Supervisor found that this category does not apply to them as they were properly charged instead as uagents, broker, dealers ... " during the audit per~od unbeknownst to the Redevelopment Coordinator. Page 13 of 17 875 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 b. Section 4.1 of the signed concession agreement summarized states that the concessionaire is to fumish the City with a $2,500.00 security deposit. This payment was received and processed by the Finance Department's Central Cashier's Office on January 12, 2005. Furthermore, section 14 entitled "performance bond or alternate security" was labeled as "intentionally omittedw in the signed concession agreement. Therefore, the City's primary means to help secure the concessionaire's performance is the $2,500.00 retained security deposit but the average market total booth space rental payment received during the audit period was $2,169.56 ($106,308.51 total rent payments/49 market dates for which payments were received). Recommendations: The next negotiated and approved concession agreement should consider containing the following terms: a. The concessionaire should only be required to annuaHy obtain a business tax receipt as it should not mention a specific category since they are subject to change. Its attainment should be confirmed by the Redevelopment Coordinator with any found differences immediately addressed wtth the Licensing Section and the concessionaire. b. The nex1 approved concession agreement should require a larger security deposrt and/or irrevocable letters of credit, performance bond, etc. to better protect the City in the event of the concessionaire's nonperformance. It is recommended that the security deposit at least equal the average of three months market rental payments to adequately protect the City during the time that it would take for a new Request For Proposal to be issued and a new concessionaire selected. Management Responses (Office of Real Estate. Houslog and Community Developmen1l The Office of Real Estate shall incorporate the following in the new concession agreement: a. The concessionaire should be required to annually obtain a business tax receipt with at least the "agents, broker, dealers ... • category. b. The next approved concession agreement should require a larger security deposit of at least equal the average of three months market rental payments to adequately protect the City during the time that it would take for a new Request For Proposal to be issued and a new Concessionaire selected. 6. Finding: The Audited Annual Statements of Gross Receipts Required in Section 6 of the Signed Concession Agreement were Not Submitted or Requested during the Audit Period Section 6 of the signed concession agreement states "Concessionaire shall submit at the end of the initial term (and, 1f approved, the renewal term), an audited annual statement of gross receipts, in a form consistent with generally accepted accounting principles... However, no evidence was found indicating that the concessionaire had submitted any audited annual statements of gross receipts during the audit period or that the City's Redevelopment Coordinator had noticed their omission and requested their submittal. Page 14 of 17 876 I ntemal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 Recommendations: The concessionaire should immediately submit audited annual statements of gross receipts for each fiscal year since October 2010 to the City. Once received, the audited gross receipts figures should be compared to the monthly payments supporting documentation with any differences immediately investigated. Management Responses (Office of Real Estate. Housing and Community Development): The Off1ce of Real Estate has already requested the last three years of audited Annual Statements of Gross Receipts and the accountant for the concessionaire is in the process of preparing same. Concessionaire Responses: We agree with the City's recommendations for facilitating the shows, we feel that the current audit addresses any documentation requested for this period. Our C.P.A. as required by the City of Miami Beach has complied with any requests made by the City. 7. Finding: The Concessionaire did Not Timely Provide the City's Redevelopment Coordinaror or his Designee with Updated Insurance Policy Certificates to Help Ensure that Sufficient Coverage wes Maintained Section 11 of the signed concession agreement details the insurance coverage requirements to be maintained at all times. In reviewing the Redevelopment Coordinator's files, it was found that the concessionaire's most recent provided insurance certificate expired on January 23, 2012, yet no documentation was found requesting the submittal of a new policy. At Internal Audit's request, a new certificate was promptly provided which was immediately approved for sufficiency by the City's Risk. Manager. Recommendations: The City should always timely receive any new insurance certificates issued to the concessionaire. The Eden System's Contract Management Module should be used to help track the insurance coverage's expiration dates as a compensating internal controL Once received, the certificate should continue to be reviewed by the City's Risk Manager for sufficiency with any deficiencies immediately corrected. Management Responses (Office of Real Estate, Housing and Community Development): As part of the Supplemental Management Practices, the Office of Real Estate has requested updated insurance certificates, in accordance with the contract and the expiration dates will be entered in the Eden System, as a reminder to update same for next year. Concessionaire Responses: Regarding the 23nt Jan 2012 expired insurance certificate; the City's Redevelopment Coordinator received a copy of our insurance policy coverlng the period covering between Jan 2012 up to the 2013 period. Furthermore, we recently added automobile coverage to our insurance policy so that we are in compliance. Page 15 of 17 877 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 B. Finding: Off-Duty Pofice Officer Payments were not Received Prior to the Engagement and the Corresponding Monies were not Timely Delivered to and Processed by the Central Cashier's Office Police Off-Duty Standard Operating Procedure #011 summarized requires all applicants requesting police off-duty services to pay in advance to help ensure that the corresponding officers receive their compensation in a secure and timely manner, as well as to recover the costs incurred by the City for providing the services. Testing found that the concessionaire provides the off-duty police officer(s) working the Antiques and Collectibles marl<et with a check payable to the City of Miami Beach at the end of each market date which was to be then brought to the Off-Duty Office before eventually being delivered to the Finance Department's Central Cashier's Office for processing. Although Internal Audit was unable to determine the root cause of the delay, a comparison of the check date with the Eden System's processing date determined that the number of days ranged from a low of 10 (November 7, 2010} to a high of 116 (January 29, 2012}. Recommendations: The Police Department's Off-Duty Office should create a City Bill invoicing the concessionaire prior to each market date for the requested amount of hours plus administrative charges. The police officer should not be dispatched unless the monies are received in advance of the off-duty engagement where they should be promptly delivered to and processed by the Central Cashier's Office to help offset any costs incurred by the City. Management Responses (Police Department): A review of the Antiques and Collectibles File in the Off-Duty Office shows payments for services are received by the job coordinator the same day services are rendered. This payment is transmitted to the Off-Duty Office within 2 - 3 days on average. The above noted delay is not the result of late payments by the concessionaire, but rather delays in processing by the Off-Duty Office and Finance Personnel. These delays are largely the result a shortage of administrative staff within the Off-Duty Office. Over the past year the Off-Duty Office was operating with 1 Administrative Aide as opposed to the budgeted 2. The noted vacancy is now filled and the required training completed. Moving forward lhe goal of the Off-Duty Office will be to complete payment processing within 30 days, but under no circumstances will the officers be paid prior to the processing of concessionaire payments. Concessionaire Responses: We understand that the City requ1res that the Police Department be paid in advance in order to protect the City. We were reliably paying our police officer at the day of the show mainly to save us from one more errand. We will comply with the City's requirement to pay the police officer show in advance. EXIT CONFERENCE An exit conference was held on July 26, 2013 in the Office of Budget and Performance Improvement. Participants included Max Sklar (Tourism, Cultural Affairs and Economic Development Director), Gisela Nanson Torres (Leasing Specialist) Ricky Falls (Field Mon~or). James Sutter (Internal Auditor) and Mark Coolidge (Senior Auditor). A second meeting was held on September 12, 2013 with the concessionaire. All parties were in agreement as to the contents of this report. Management responses were solicited and included in our report. Page 16 of 17 878 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 JJS:MC:mc F:\OBPII$AUDIINTERNAL AUDIT FILES\OOC12-13\REPORTS-FINAL \PRODUCTION SUD, INC. RPT.doox (audit performed by Mark Coolidge, Senior Auditor) cc: Kathie G. Brooks, Assistant City Manager Max Sklar, Tourism, Cultural Affairs & Economic Development Director Patricia Walker, Chief Financial Officer Raymond Martinez, Police Chief Louis Bondi and Anthony Angione, Production Sud, Jnc. Page 17 of 17 879 RESOLUTION TO BE SUBMITTED 880 THIS PAGE INTENTIONALLY LEFT BLANK 881 R7 • Resolutions R?N A Resolution Approving And Authorizing The City Manager To Utilize Contract No. ____ With For The Operation Of Turnkey Transit Services, In The Amount Of $ , And Waiving, By 5/?th Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City. (Public Works) (Memorandum to be Submitted in Supplemental) 882 Agenda Item R l N Date 1-ts-t~ THIS PAGE INTENTIONALLY LEFT BLANK 883 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WW'W.miamibeachfl.gov OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk Tel: (305) 673-7 41 1, Fax: (305) 673-7254 COMMISSION MEMORANDUM To: From: Date: Subject: Mayor Philip Levine and Members Jimmy L Morales, City Manager --'--- January 15, 2014 BOARD AND COMMITIEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTALVAC PAGE Ad Hoc Committee Centennial 7 Commissioner Deede Weithorn Page 2 Celebration Commissioner Ed Tobin 1 Commissioner Jonah M. Wolfson 1 Mayor Philip Levine 1 Ad Hoc Committee Flooding Task 9 Commissioner Deede Weithorn 1 Page 3 Force Commissioner Ed Tobin 1 Commissioner Jonah M. Wolfson 1 Mayor Philip Levine 1 Affordable Housing Advisory 11 City Commission 3 Page 4 Committee Page 5 Art in Public Places 7 City Commission 2 Page6 A d It R9A-We are wmmiffed to providing excellent public service and safety Ia a// who live, work and ploy in our vibrcrnt, tropic gen a o:: _;[-~l~S:L---L-1:-:J~~ 885 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. Bicycle-Pedestrian Facilities Advisory Committee Board of Adjustment Budget Advisory Committee Capital Improvements Projects Oversight Committee Committee for Quality Education in MB Committee on the Homeless Community Development Advisory Committee Community Relations Board Convention Center Advisory Board Debarment Committee Design Review Board 7 7 9 9 15 9 14 17 7 7 7 APPOINTED BY: TOTAL VAC PAGE Commissioner Michael Grieco Page 8 City Commission 3 Page 9 City Commission Page 11 City Commission 3 Page 12 Page 13 Commissioner Micky Steinberg 1 Page 14 Commissioner Jonah M. Wolfson 1 Page 16 Mayor Philip Levine Commissioner Deede Weithorn Page 17 Commissioner Micky Steinberg Commissioner Deede Weithorn Page 19 Mayor Philip Levine 1 Commissioner Ed Tobin 1 Page 21 Commissioner Micky Steinberg Commissioner Michael Grieco Page 22 Mayor Philip Levine City Commission 3 Page 23 886 BOARD OR COMMITTEE: Disability Access Committee Fine Arts Board Gay, Lesbian, Bisexual and Transgender (GLBT) Golf Advisory Committee Health Advisory Committee Health Facilities Authority Board Historic Preservation Board Housing Authority Loan Review Committee Miami Beach Commission For Women VACANCIES TOTALMBRS. APPOINTED BY: TOTALVAC PAGE 14 14 15 12 11 6 7 5 7 21 Commissioner Ed Tobin Commissioner Jonah M. Wolfson Commissioner Micky Steinberg Commissioner Michael Grieco Commissioner Ed Tobin Commissioner Jonah M. Wolfson Mayor Philip Levine Commissioner Deede Weithorn Commissioner Michael Grieco City Commission City Commission City Commission Mayor Philip Levine Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Joy Malakoff Commissioner Michael Grieco Commissioner Micky Steinberg Mayor Philip Levine 887 1 Page 25 1 2 1 Page 27 1 Page 28 1 1 1 Page 29 1 3 Page 30 1 Page 32 1 Page 34 2 Page 36 Page 37 2 Page 39 1 1 1 2 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Miami Beach Cultural Arts Council 11 City Commission 3 Page 41 Miami Beach Human Rights 9 City Commission 2 Page 43 Committee Miami Beach Sister Cities Program 24 Mayor Philip Levine 8 Page 44 Parks and Recreational Facilities 10 Commissioner Michael Grieco Page 47 Board Commissioner Micky Steinberg 1 Mayor Philip Levine 1 Personnel Board 10 City Commission 1 Page 48 Planning Board 7 City Commission 1 Page 49 Police Citizens Relations Committee 17 Commissioner Ed Tobin 1 Page 51 Commissioner Jonah M. Wolfson 1 Commissioner Joy Malakoff 1 Commissioner Micky Steinberg 1 Mayor Philip Levine 2 Production Industry Council 7 Commissioner Michael Grieco 1 Page 53 Mayor Philip Levine 1 Safety Committee 14 Commissioner Jonah M. Wolfson 1 Page 54 Commissioner Michael Grieco 1 Mayor Philip Levine 2 Single Family Residential Review 3 Jimmy Morales, City Manager 3 Page 55 Panel 888 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Sustainability Committee 7 Mayor Philip Levine Page 56 Transportation and Parking 14 Commissioner Ed Tobin 1 Page ss Committee Visitor and Convention Authority 7 City Commission 4 Page 60 Waterfront Protection Committee 10 Commissioner Deede Weithorn 1 Page 62 Commissioner Joy Malakoff 1 Attached is breakdown by Commissioner or City Commission: Ci} JLM:REG/sp 889 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. As per Resolution 2013-28446, the board has been extended 120 days or until May 1, 2014. City Liaison: Rafael E. Granado Appointments To Be Made: Aaron Perry Richard Pre ira Richard (Rick) Kendle Alex Fernandez Members: Name Last Name Position/Title -------- Jonathan Bel off Sherry Kaplan Roberts Stephen Zack Tuesday, JanuarJ' 07, 2014 1/1/2014 Libbin Steinberg 1!1/2014 Commissioner Jonah M_ Wolfson 1!1/2014 Commissioner Ed Tobin 1!1/2014 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 5/1/2014 5/1/2014 5/1/2014 890 Commissioner Joy Malakoff Commissioner Michael Grieco Mayor Philip Levine Page 1 of63 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: Vacant vacant Vacant Vacant Members: Name Last Name ------ Dawn McCall Paul Cejas Ray Breslin Applicants Meryl Wolfson Tuesday, January 07, 1014 Position/Title 7/31/2014 Mayor Philip Levine 7/31/2014 Commissioner Deede Weithorn 7/31/2014 Commissioner Ed Tobin 7/31/2014 Commissioner Jonah M. Wolfson Term Ends: Appointed by: Term Limit: ·---·-·---- Positionffitlc 7/31/2014 7/31/2014 7/31/2014 Applicants 891 Commissioner Joy Malakoff Libbin Steinberg Exposito Grieco Position/Title Page 1 of63 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 tems 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: Name Emily Richard Wayne Applicants Kay Coulter Vacant Vacant Vacant Vacant Last Name --- Eisenhauer D'Amura Pathman Tuesday, January 07, 2014 Rep. P. W. and CIP Dep Rep. Police & Fire Dept 8/25/2014 Mayor Philip Levine 8/25/2014 Commissioner Jonah M. Wolfson 8/25/2014 Commissioner Ed Tobin 8/25/2014 Commissioner Deede Weithorn Position/Title Term Ends: Appointed by: Term Limit: 8/25/2014 Gongora Malakoff 8/25/2014 Exposito Grieco 8/25/2014 Libbin Steinberg Position/Title Applicants Position/Title Puge3 of63 892 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 OlY 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 Appointments To Be Made : Amy Guy Adrian Mark Vacancy: Perry Simani Adorno Wohl (11) Rep. Essential Serv. (10) Rep. Empl. With/Juris. (9) Res. Juris Local Govt. (7) Real Estate Prof. To replace (6) Not for Profit Stephanie Berman To replace Robert (1) Res. Home Bldg. Sa land To replace Jeremy (4) Low-Income Adv Glazer Tuesday, January 07, 2014 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2015 City Commission Page4 of63 893 12/31/17 12/31/17 12/31/17 12/31/17 Board and Committees Current Members Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: --------------·-----· ···--·- Charles Urstadt (8) Local Plann. Bd. 12/31/2014 City Commission 12/31/17 David Smith (3) Rep. Labo H.Bid. TL 12-3 12/31/2014 City Commission 12/31/14 Juan Rojas (2) Banking/Mortgage 12/31/2014 City Commission 12/31/16 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 Jason Biondi Karen Fryd Marie Towers Ryan Homan Stephen Zack Tuesday, January 07,2014 Page 5 of63 894 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/cityclerk/scroll.aspx?:::72497. Alternatively, the Release can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison : Dennis Leyva Appointments To Be Made : Lisette Patricia Vacancy: Members: Olemberg-Golds (TL 12/31/2014) Fuller To replace James Lloyd To replace Lisa Austin 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/14 02/31/18 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Janda Megan Susan Applicants Wetherington Riley Caraballo Adrian Gonzalez Ammette Mason Cathy Byrd Christina LaBuzetta Claire Warren David Lombardi Francinelee Hand Leslie Tobin Marjorie O'Neiii-Buttler Michelle Ricci Ombretta Agro Andruff Sharon Dodge Tuesday, Ja/luary 07, 2014 Position/Title 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants Position/Title Allee Newhoff Annette Fromm Chana Sheldon Cindy Brown Dale Stine Elizabeth Schwartz Francis Tru!lenque Lori Nieder Michael McManus Nicole Doswell Paolo Ambu Stephen Zack 895 Page 6 of63 12/31/16 12/31116 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 Appointments To Be Made : Daniel Nixon Lucero Levy Terry Blechman Members: Name Last Name Lidia Resnick Maria Koller Moni Cohen Silvia Rotbart Position/Title (TL 12/31/2014) 12/31/2013 Commissioner Deede Weithorn 12/31/2013 Exposito Grieco 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/17 12/31/18 Term Ends: Appointed by: Term Limit: 12/31/2015 12/31/2014 Commissioner Joy Malakoff 12/31/17 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Micky Steinberg 12/31/18 12/31/2014 Bower Levine 12/31/14 Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Amy Rabin Darin Feldman Dr. Corey Narson Marivi Iglesias Mitchell Korus Peter Vallis Tamra Sheffman Tuesday, January 07, 2014 Position/Title Applicants Cindy Brown Dina Dissen Judith Berson-Levinson Michelle Ricci Monica Acevedo Stephen Zack Tiva Leser 896 Positionffitle Page 7 of63 Board and Committees Current Members Bicycle-Pedestrian Facilities Advisory Committee 2013-3793 Composition: The purpose of the Bicycle-Pedestrian Facilities Advisory Committee is to improve the lives of residents and visitors by promoting the development, sound management, and use of public facilities dedicated to bicycles and pedestrians in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public bicycle and pedestrian facilities to the City Commission for such action as the City Commisison may deem appropriate. The Committee shall be composed of seven (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in matters relating to facilities for bicycles and pedestrians in the City. The Mayor and City Commissioners shall each make one direct appointment to the committee. City Liaison: Jose Gonzalez Appointments To Be Made : Ada Sharon Mihaly Aaron Vacancy: Members: Llerandi Dodge Lenart Davis Vacant 12/31/2013 Bower Levine 12/31/2013 Gongora Malakoff 12/31/2013 Commissioner Ed Tobin 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2014 Commissioner Michael Grieco 12/31/20 12/31/20 12/31/20 12/12/20 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: --·--------- Frederick Charles Marko Applicants Sake Lukovic Barbara Herskowitz Kara White Kenneth Bereski II Zachary Cohen Tuesday, January 07, 2014 Position/Title 12/31/2014 Libbin Steinberg 12/31/20 12/31/2014 Commissioner Deede Weithorn 12/12/20 Applicants Jason Biondi Kay Coulter Mance Buttram 897 Position/Title Page 8 of63 Board and Committees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a 5/?th vote. RSA 1-2 Sec 118- 1'H Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchange Commission{ or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be appointed for a term of two years by a five-seventh vote of the city commission. Members of the Board of Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however{ that this amendment shall not affect the term of existing members of the Board of Adjustment. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under CITY MEETINGS section, located on the right hand side of the webpagel 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 Appointments To Be Made: Elsa Bryan Vacancy: Urquiza Rosenfeld At-Large CPA To replace Joy Malakoff To replace Sherry Roberts At-Large Gen. Business 12/3112013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31117 12/31115 To replace Lior Financial Consultation 12/31/2015 City Commission Members: Name Noah Richard Applicants Leser Last Name Fox Pre ira Tuesday, Jauuary 07,2014 Position/Title Real Estate Developer Law Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/18 12/31/16 Applicants Position/Title Page 9 of63 (Continued .... 898 Board and Committees Current Members Aaron Davis Alexander Annunziato Andres Asion Andrew Fischer Brian Ehrlich Frank Del Vecchio Gabriel Paez Gary Twist Guy Simani Jack Benveniste James Silvers Jeffrey Feldman Jessica Conn Jonathan Beloff Kristen Rosen Gonzalez Mark Alhadeff Muayad Abbas Nelson Fox Roberta Gould Scott Needelman Seth Frohlich Wesler Castellanos Tuesday, January 07,2014 Page 10 of63 899 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 I cityclerk/scroll.aspx?id= 72497 Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEffiNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" Hnk; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: John Woodruff Appointments To Be Made : Jack Dushan Laurence Vacancy: Members: Name David John Marc Ronald Stephen Applicants Brian Harris Carl Linder Elliott Alhadeff John Bowes Lisa Ware Regina Suarez Benveniste Koller Herrup To replace Financial Adv. Jacqueline Lalonde Last Name Lancz Gardiner Gidney Starkman Hertz Position/Title C. P. A. (TL 12/31/2014) Position/Title Tuesday, January 07, 2014 12/31/2013 Bower Levine 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2013 Gongora Malakoff 12/31/2014 City Commission~ 12/31/15 12/31/15 12/31/17 Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/2015 Commissioner Michael Grieco 12/31/2014 City Commission 12/31/2014 Commissioner Micky Steinberg 12/31/2014 Commissioner Ed Tobin Applicants Positionrfitle Bryan Rosenfeld Dwight Kraai Eric Lawrence Joseph Landesman Noah Fox 900 Page 11 of63 12/31/18 12/31/16 12/31/14 12/31/21 12/31/16 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input to the committee. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the OTY MEETINGS section, located on the right hand side of the webpage, dick 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 Appointments To Be Made : (1) Mayor Designee 12/31/2013 Bower/ Levine Saul Elizabeth Brian Gross Carmargo Ehrlich Principal 12/31/2013 City Commission (C3) Developer(TL 12/31/2014) 12/31/2013 City Commission Vacancy: To replace Dwight Engineer 12/31/2014 City Commission Kraai To replace Developer 12/31/2015 City Commission Christina Cuervo Page 12 of63 901 12/31/15 12/31/13 12/31/14 Board and Committees Current Members Members: Name Cheryl Robert Tony To replace Stacy Kilroy (C3) Coons!. Gen. Contr 12/31/2014 City Commission Last Name Jacobs Rabinowitz Trujillo Position/Title (C4) At-large (C5) Engineer (C4) Cap.Budg/Finance Term Ends: Appointed by: 12/31/2014 City Commission 12131/2014 City Commission 12/3112014 City Commission Term Limit: 12/31/18 12/31/17 12/31/16 Applicants Position/Title Applicants Position/Title Annsheila Turkel Daniel Manichello Elliott Alhadeff Harold Foster James Lloyd Jurgen Brendel Carl Linder Dominique Bailleul Gianluca Fontani lvette Isabel Borrello John Turchin Kay Coulter 902 Board and Committees Current Members Committee for Quality Education in I\.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 Appointments To Be Made : lvette Isabel Karen Vacancy: Members: Borrello Rivo To replace Kay Coulter 12131/2013 Commissioner Jonah M. Wolfson 12131/2013 Commissioner Deede Weithorn 12/31/2015 Commissioner Micky Steinberg 12/31/17 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Beverly Heller 12/31/2014 Bower Levine Keren Bajaroff 12/31/2014 Commissioner Ed Tobin Sheila Duffy-Lehrman 12/31/2014 Exposito Grieco Tiffany Heckler 12/31/2014 Gongora Malakoff Christy Farhat Dr. Leslie Rosenfeld Elisa Leone lvette Birba Jill Swartz John Aleman Matti Herrera-Bower Rebeka Cohen 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 Feinberg Fisher K-8 6/30/14 Rep. of the PTA for MB Sr. High School-06/30/14 Rep. of PTA North Beach Elem. School 06/30/14 City Commission designee Rep. of the PTA for Nautilus Middle School-6/30/14 Rosa Neely Rep. of PTA for Treasure Island Elem. 06/30/14 Tamar Oppenheimer Rep. PTA for Ruth K. Broad K-8 6/30/14 12131/16 12131/15 12/31/17 12/31/18 H,.,.._,,,....,-~;<;.~.;._ · '"'-'""'=-<':.~~·-·---~·-J•"'"'""'"'-"-~1>! \ ·'''~'''·"''""•=<>i,!>---.iMWi,i; /.,,,,,~~~' ~ "'"~~=·"'-w-"'-=>• ·'-~'"''"""'"-"'"-'""'i>iiiM!,;_,_~~;;~w-w.""--.'.kM''·'"~~""'"'''"'"'"'"''Vfm{,<flf>:Hrn•Jg\"\WWflmfrnffif:ffhlfW!M;:'l»:=:'f'f:'.c " Tuesday, January 07, 2014 Page 14 of63 (Continued. ... 903 Board and Committees Current Members Vacant City Commission designee Applicants David Crystal Elaine Litvak Judith Berson-Levinson Laura Cullen Marina Aviles Tuesday, January 07, 2014 Position!ritle Applicants Position/Tit1e ----· ------------------------ Dr. Elsa Orlandini Joanna-Rose Kravitz Kristen Rosen Gonzalez Laurie Kaye Davis Marjorie York 904 Page 15 of63 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, but not limited to the following: Service Providers: Douglas Gardens Community Mental Health 1 Salvation Army/ Better Way1 Miami Dade County Homeless Trust; (Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach Partnership)1 Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider)1 city officials, representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Maria Ruiz Appointments To Be Made : Cary Yee Quee 12131/2013 Bower Levine Jonathan Kroner 12131/2013 Exposito Grieco Annsheila Turkel 12/31/2013 Bower levine Rachael Zuckerman 12/31/2013 Commissioner Deede Weithorn Vacancy: To replace Dale 12/31/2015 Mayor Philip Levine Gratz To replace Lisa 12/31/2014 Commissioner Jonah M. Wolfson Ware Members: 12/31/19 12/31/17 12/31/19 12/31/17 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dale Gratz Gail Harris Prakash Kumar Applicants Eda Valero-Figueira Irina Pindelea Leah Rey Mitchell Korus Rabbi Daniel Sherbill Rosalie Pincus (TL 12/31/2014) Position/Title 12131/2014 Commissioner Joy Malakoff 12/31/2014 Commissioner Ed Tobin 12/31/2014 Libbin Steinberg Applicants Helen Swartz Kimberly Diehl Melissa Mokha Muayad Abbas Rocio Sullivan Position/Title Tuesday, January 07, 2014 Page 16 of 63 905 12131/14 12/31/16 12/31116 Board and Committees Current Members Community Development Advisory Committee Composition: Committee shall be composed of fourteen (14) members. The Mayor and City Commissioners shall each make two (2) direct appointments. Sec. 2-190.110 The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following ways: 1) At least seven (7) appointees shall either be: (a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or (b) either city residents, or non-residents, who hold a leadership position in organizations that provide community development services to low and/or moderate-income people or neighborhoods, preferably within the city, provided, however, the organization that the appointee holds such position in cannot be a current or future recepient of city CDBG or HOME funds. 2) The remaining appointees shall either be: a) A resident or a locally desginated community development target area for a miminum of six (6) months; or, b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a locally designated community development target area for a minimum of six (6) months. City Liaison: Alex Ballina Appointments To Be Made : Karen Fryd Marina Aviles Mark Hayes Zachary Cohen Harvey Burstein (TL 12/31/2014) Andrew Fuller Mark Balzli Citywide Vacancy: To replace Dorian Nicholson To replace Michael Bernstein Members: Name Last Name Adam Greenberg Christina LaBuzetta Dona Zemo James Weingarten Natalie Koller Applicants Adrian Adorno Andrew Fischer Dr. Barry Ragone Jeffrey Graff Mark Wohl Monica Matteo-Salinas Sarah Johnston Tuesday, January 07, 2014 Position/Title Target Area Position/Title 12/31/2013 Bower Levine 12/31/17 12/31/2013 Exposito Grieco 12/31/20 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Gongora Malakoff 12/31/19 12/31/2013 Commissioner Ed Tobin 12/31/14 12/31/2013 Ubbin Steinberg 12/31/20 12/31/2013 Gongora Malakoff 12/31/20 12/31/2014 Commissioner Deede Weithorn 12/31/2014 Commissioner Micky Steinberg Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/19 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Bower/ Levine 12/31/17 12/31/2014 Commissioner Ed Tobin 12/31/2014 Exposito Grieco Applicants Alejandro Dominguez Christina Nicodemou Guy Simani Juan Rojas Michael Rotbart Russell Hartstein Stanley Shapiro 906 Position/Title Page 17 of63 12/31/18 12/31/20 Board and Committees Current Members Steve Berke Tuesday, January 07,2014 Page 18 of63 907 Board and Committees Current Members Community Relations Board Sec. 2-190.11 Composition: The board shall consist of seventeen (17) members. Eleven {11) members shalll be voting members to be appointed in the following manner: Seven (7) direct appointments, with the Mayor and each City Commissioner appointing a member. Three (3) members shall be appointed by the City Manager and one (1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its membership. Four ( 4) non-voting, ex-officio members shall be the chairpersons or designees of the following: Commission on the Status for Women Committee on the Homeless, Hispanic Affairs Committee, and Police/Citizen Relations Committee. Two (2) non-Voting ex-officio,: the police chief or his or her designee and the director of the Bureau of Children's Affairs. The composition of the board shall be reviewed every two (2) years. City Liaison: Lynn Bernstein Appointments To Be Made: Adam Kravitz Vacancy: Vacant To replace Brad Fleet Members: 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2015 Mayor Philip Levine 12/31/2015 Commissioner Deede Weithorn 12/31/19 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Amy Andres Barbara Darin Debra Maria Rabbi Solomon Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants Rabin 12/31/2015 Asian 12/31/2014 Montero 12/31/2014 Feldman 12/31/2015 Schwartz 12/31/2014 Martinez Aleman 12/31/2014 Schiff 12/31/2014 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 Olildrens Affair ex-officio of MB Commission for Women ex-officio of Hispanic Affairs Committee Position/Title Applicants Dale Gratz David Crystal Commissioner Joy Malakoff Kathie G. Brooks, Int. City Manager Exposito Grieco Jimmy L. Morales, City Manager Commissioner Ed Tobin Jimmy L. Morales. City Manager Commissioner Micky Steinberg Position/Title Claudia Moncarz David Alschuler Irene Valines Jacobo Epelbaum Lateresa Jones Ivan Rusilko Joanna·Rose Kravitz Lori Gold 12/31/21 12/31/20 12/31/15 12/31/19 12/31/15 12/31/21 12/31/15 ''~'" ~"""'-~"""'-""f"!'" """"~' "''"'""""'" """''("'" "~ _, '"'--~ _,,_ ,,_,_.,.~ ,. "' Tuesday, January 07, 2014 Page 19 of63 (Continued .... 908 Board and Committees Current Members Maria Zayas-Bazan Monica Matteo-Salinas Mark Balzli Peter Vallis 909 Page 20 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 Appointments To Be Made : Stuart Blumberg 12/31/2013 Bower Levine Tim Nardi 12/31/2013 Commissioner Deede Weithorn Elizabeth Resnick 12/31/2013 Commissioner Jonah M. Wolfson Vacancy: To replace Joshua 12/31/2014 Commissioner Ed Tobin Wallack To Replace Leon 12/31/2015 Commissioner Micky Steinberg Manne Members: 12/31/15 12/31/17 12/31/20 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Alan Roger Bob Balsam Ita Moriarty Stephanie Ruiz Vacant Applicants Carl Linder Gayle Durham Jaqueline Hertz Mark Wahl Mihaly Lenart Lips Abramson ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adm Rep 12/31/2014 Exposito Grieco 12/31/2014 Commissioner Joy Malakoff ex-officio, Chairperson Bd. Of Dir. MBCC ex-officio member of the City Manager's Office Positionffitle Applicants David Lombardi Gotlinsky Barbara Jared Galbut Michael Rotbart Natalie Koller Position/Title Tuesday, January 07, 2014 Page 21 of63 910 12/31/19 12131116 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 Appointments To Be Made : Joseph Hagen 12/31/2013 Commissioner Jonah M. Wolfson Darius Asly 12/31/2013 Commissioner Deede Weithorn Dr. Ronald Shane 12/31/2013 Libbin Steinberg Vacancy: To replace Stephen 12/31/2014 Mayor Philip Levine Zack To replace Melvyn 12/31/2014 Commissioner Michael Grieco Schlesser Members: 12/31/15 12/31/17 12/31/17 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Anthony Antonio Applicants Broad Hernandez Jr. Jacqueline Lalonde Lori Gold Tuesday, January 07, 2014 Position/Title 12/31/2014 Commissioner Ed Tobin 12/31/2014 Gongora Malakoff Applicants John Bowes Zachary Cohen 911 Position/Title Page 22 of63 12/31/16 12/31/18 Board and Committees Current Members Design Review Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members. The seven (7) regular members shall consist of: 1) two architects registered in the Untied States; Sec.118.71 2) an architect registered in state of Florida or a member of the faculty of the school of architecture, urban planning, or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture, or a professional practicing in the fields of architectural design, or urban planning; 3) one landscape architect registered in the state of Florida; 4) one architect registered in the United States, or a profesional practicing in the fields of architectural or urban design, or urban planning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States; and 5) two citizens at large. One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or designee and the City Attorney or designee shall serve in an advisory capacity. Residency and place of business in the county. The two (2) citizen-at-large members and one of the registered landscape architects, registered architects, professional designer or professional urban planners shall be residents of the city. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/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 Appointments To Be Made : Manuel (Mickey) Minagorri At-large Jason Leslie Vacancy: Members: Hagopian Tobin Registered Architect Registered Architect To replace Lilia Urban Planner Medina To replace Seraj Lands. Architect Saba To replace Marilys Architect Nepomechie 12/3112013 City Commission 12131/2013 City Commission 12131/2013 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission 12131117 12131/15 12131/16 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Carol Housen At-large 12/31/2014 City Commission 12/31116 Tuesday, January 07, 2014 Page 23 of63 (Continued .... 912 Board and Committees Current Members Gary Held Richard Lorber Vacant advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Applicants Adam Kravitz Andres Asion Bryan Rosenfeld Edgar Sarli Elsa Urquiza FranGis Steffens Jean-Francais Lejeune Jeffrey Feldman Jessica Conn Jurgen Brendel Marina Novaes Ryan Homan Seth Frohlich Stacy Kilroy Terry Bienstock Position/Title Applicants Alexander Annunziato Brian Ehrlich Clotilde Luce Elizabeth Carmargo Francinelee Hand Gary Twist Jeffrey Cohen Jennifer Lampert John Turchin Keith Menin Nelson Fox Sarah Johnston Seth Wasserman Suzanne Hollander Wesler Castellanos Position/Title Tuesday, January 07, 2014 Page 24 of63 913 Board and Committees Current Members Disability Access Committee Composition: The Committee shall be composed of: 2006-3500 s 2-31 A board quorum of eight (8) members and requiring at least eight (8) votes for board action. Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners. 1) persons having mobility impairments; 2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; 3) mental, cognitive or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). 5) One non-voting ex-officio member who is either a member of the disable community or has special knowledge of Americans with Disabiities Act (ADA) issues. As per ordinance 2011-3731, in addition to other power and duties, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to the dissability access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. As per Ordinance 2012-3757 amended Sec. 2-31(D) to increase the number of members from seven(7) to fourteen (14) and amended the quorum requirement City Liaison: Caroline DeFreeze Appointments To Be Made: Helen Dr. Susan Russell Vacancy: Members: Name David David Dr. Michael Lee Matthew Swartz Solman Hartstein To replace Andrew Feuerstein To replace John Bennet To replace Sabrina Cohen To replace Lawrence Fuller Last Name McCauley New Alexandri Weiss Meyer Position/Title Tuesday, Ja11uary 07, 2014 12/31/2013 Gongora Malakoff 12131118 12/31/2013 Commissioner Deede Weithorn 12/31/19 12/31/2013 Bower Levine 12/31119 12/31/2014 Commissioner Micky Steinberg 12/31/2015 Commissioner Jonah M. Wolfson 12/31/2014 Commissioner Ed Tobin 12/31/2015 Commissioner Micky Steinberg Term Ends: Appointed by: Term Limit: 12/31/2014 Gongora Malakoff 12/31/20 12/3112014 12/31/2015 12/31/2014 12/31/2015 914 Commissioner Deede Weithorn 12131115 Commissioner Michael Grieco 12/31121 Commissioner Jonah M. Wolfson 12/31119 Commissioner Ed Tobin 12/31120 Page 25 of63 Board and Committees Current Members Oliver Wendy Stern Unger Ex-officio member Applicants Barry Meltz Rafael Trevino -...• -~··--~~~·· . Tuesday, January 07,2014 Position/Title 12/31/2014 Commissioner Michael Grieco 12/31/21 12/31/2014 Bower Levine 12/31/16 Applicants Position/Title Britta Hanson Page26 of63 915 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 Appointments To Be Made : Lizette Lopez Melissa Broad Carrie Wiesenfeld Tiva Leser Carmen (Maria) Lopez Vacancy: to replace Britta Hanson Members: Name Last Name Position/Title Britta Hanson Bruce Carter Deborah Ruggiero Ellen Brazer Michael McManus Michelle Ricci Nathaniel Kern Tamra Sheffman Applicants Bradley Ugent David Lombardi Dina Dissen Elizabeth Resnick James Weingarten Jenna Ward Position/Title Judith Berson-levinson Nicole Doswell Patti Hernandez 12131/2013 Commissioner Deede Weithorn 12131120 12131/2013 Commissioner Ed Tobin 12131/15 12131/2013 Bower Levine 12131/15 12131/2013 Commissioner Jonah M. Wolfson 12131/15 12131/2013 Gongora Malakoff 12131/20 12/31/2015 Commissioner Michael Grieco Term Ends: Appointed by: Term Limit: 12/31/2015 Commissioner Micky Steinberg 12/31/19 1213112014 Gongora Malakoff 12/31/20 12131/2014 Libbin Steinberg 12/31118 12/31/2014 Exposito Grieco 12/31/17 12/31/2014 Bower Levine 12/31/17 12/31/2014 Commissioner Ed Tobin 12131120 12131/2014 Commissioner Jonah M. Wolfson 12131115 12/31/2014 Commissioner Deede Weithorn 12131115 Applicants Dale Stine David McCauley Dorian Nicholson Francis Trullenque Janda Wetherington Josephine Pampanas Nelida Barrios Paolo Ambu Seth Feuer 916 Position/Title Page 27 of63 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: Vania Pedraja Appointments To Be Made : Karen Brown Jorge Rich a Cindy Brown Marivi Iglesias Thomas Barker Edison Farrow Vacancy: To replace Billy Kemp To replace Willis "Chip" Arndt Jr. To replace Ivan Cano Members: Name Last Name Position/Title Chad Richter Dale Stine Laura Veitia Michael Bath Nelida Barrios Ronald Wolff Applicants Position/Title Barry Meltz Elizabettl Schwartz Rafael Trevino Richard Murry Steven Adkins 12/31/2013 Bower Levine 12/31/17 12/31/2013 Bower Levine 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2013 Commissioner Deede Wei thorn 12/31/18 12/31/2013 Gongora Malakoff 12/31/16 12/31/2013 Libbin Steinberg 12/31/16 12/31/2014 Mayor Philip Levine 12/31/2015 Commissioner Ed Tobin 12/31/2014 Commissioner Jonah M. Wolfson Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Ed Tobin 12/31/2014 Gongora Malakoff 12/31/2014 Commissioner Michael Grieco 12/31/2014 Commissioner Micky Steinberg 12/31/2014 Commissioner Deede Weithorn 12/31/2015 Commissioner Michael Grieco Applicants Position/Title Dorian Nicholson Paolo Ambu Rebecca Boyce Stephan Ginez Walker Burttschell 12/31/16 12/31/17 12/31/16 12/31/17 12/31/16 12/31/21 ~"'"'""'~••••••• """'""'"•''""""' "c•mm•"-""''" co'·"''."'"'"'~''·"'"~~'~"'"'' Tuesday, January 07, 2014 Page 28 of63 917 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 Appointments To Be Made : Joseph Conway 12/31/2013 Bower Levine Jeffrey Cohen 12/31/2013 Libbin Steinberg Vacancy: To replace Jeff 12/31/2014 Commissioner Deede Weithorn Blumenthal To replace Ronald 12/31/2015 Commissioner Michael Grieco Starkman Members: 12/31/18 12/31/16 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Gail John Michael Rebar John Applicants Jane Hayes Mitchell Korus Gongora Malakoff 12/31/20 Williams Barker Piazza 12/31/2014 12/31/2014 12/31/2014 Commissioner Ed Tobin 12/31/15 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, Ja11uary 07, 2014 Page29 of63 918 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 MEmNGS section, located on the right hand side of the webpage/ click on the "Agenda -Agenda Archives" link; thereafter/ choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Sonia Bridges Appointments To Be Made : Harold Foster Privae Individual Tobi Ash Nursing Profession Shaheen Wirk Private Individual Dr. Todd Narson Health Provider Vacancy: 12131/2013 City Commission 12131/2013 City Commission 12131/2013 City Commission 12131/2013 City Commission 12/31/15 12/31/15 12131/15 12131/16 Vacant CEO/MB Comm. Health 12/31/2015 City Commission Members: Name Dr. Andrew Dr. Stacey To replace Dr. Jay Physician Rein berg To replace Anthony ACLF Japour Last Name Nullman Kruger Position/Title Physician (TL 12/31/2014) Physician 12/31/2014 City Commission 12/31/2014 City Commission Term Ends: Appointed by: 12131/2014 City Commission 12/31/2014 City Commission Term Limit: 12/31114 12/31/16 Page 30 of63 919 Board and Committees Current Members Rachel Steven Julie Zaharatos Maria Ruiz Applicants Ivan Rusilko Kara White Lisa Ware Schuster Sonenreich ACLF CEO/Mt. Sinai/MH (NTL) Rep. from the Health Council of South Fla ex-officio, Director of Children's Affairs Position/Title Tuesday, January 07, 2014 12/31/2014 City Commission 12/31/2014 City Commission Applicants Jared Plitt Leah Rey 920 Positionffitle Page 31 of63 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/cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Patricia Walker Vacancy: To replace Alison Attorney Members: Name Arthur Marc Mark Sidney Stone Last Name ---- Unger Umlas Sinn reich Goldin Positionffitle Accountant Health Provider Health Provider General Business vacant Chairperson, Health Advisory Board Applicants Dr. Elsa Orlandini Rosalie Pincus Tue~·duy, Ja11uary 07, 2014 Position/Title 6/19/2017 City Commission Term Ends: Appointed by: Term Limit: ··------· -----------·--- 6/19!2016 City Commission 6/19!2014 City Commission 6/19!2015 City Commission 6/19!2014 City Commission Applicants Rachel Schuster Shaheen Wirk 921 Positionrr itle Page32 of63 FS 154-207 FS-154-207 FS 154-207 FS 154-207 Board and Committees Current Members Hispanic Affairs Committee Sec. 2-190.21 Composition: The committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment. The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. City Liaison: Nannette Rodriguez Appointments To Be Made : Francis Trullenque Patti Hernandez Ana Cecilia Velasco Members: Name l,ast Name Position/Title Antonio Purrinos Eliane Soffer Ivan Cano Luz Rojas Applicants Position/Title Israel Sands Rafael Trevino Tuesday, January 07, 2014 1213112013 Commissioner Ed Tobin 12/31/2013 Commissioner Deede Weithorn 12131/2013 Gongora Malakoff 12131/15 12131115 12131118 Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Exposito Grieco 12/31/2014 Libbin Steinberg 12/31/2014 Bower Levine Applicants Position/Title Maria Zayas-Bazan Regina Suarez 922 PaJ?e33 of63 12131/17 12131/20 12131/19 Board and Committees Current Members Historic Preservation Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) members. There shall be a member from each of the following categories: 1) A representative from the Miami Design Preservation League (MDPL); Selected from three names nominated by the League. 2) A representative from Dade Heritage Trust (DHT); Selected from three names nominated by the Trust. Sec. 118-101 3) Two at-large member who have resided in one of the City's historic districts for at least one year, and have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. 4) An architect registered in the state of Florida with practical experience in the rehabilitation of historic structures; 5) An architect registered in the United States, a landscape architect registered in the state of Florida, a professional practicing in the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of the foregoing with professional experience and demonstrated interest in historic preservation. 6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urban planning and university faculty member of the board shall be residents of, the city, provided, however, that the city commission may waive this requirement by a 5/7ths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov /cityclerkjscroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Thomas Mooney Appointments To Be Made : Ira David Vacancy: Members: Giller Wieder Reg. Architect Attorney To replaace Henry Faculty Member Lares 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2015 City Commission 12/31/17 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dominique Herb Bailleul So sa Tuesday, Jan11ary 07, 2014 At-large MDPL 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31/15 ~'""~~~~,~-,,~~''"' '~''''''''''''''''''"~~'''~':'':~~''M' Page 923 Board and Committees Current Members Jane Josephine Applicants Gross Manning Adam Kravitz Alejandro Dominguez Elizabeth Carmargo Francis Steffens Jennifer Lampert Marina Novaes Raymond Adrian Tuesday, January 07, 2014 Dade Heritage At-large Position/Title 12/31/2014 City Commission 12/31/2014 City Commission Applicants Albert Mertz Dona Zemo Elizabeth Pines Jean-Francais Lejeune Marilys Nepomechie Mark Alhadeff 924 Position/Title Page 35 o/63 12/31/16 12/31/14 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 Vacancy: To replace Michael HA Commissioner Band To replace Emili De HA Commissioiner Jesus Fernandez Members: Name Eugenio Peter Raymond Last Name Cabreja Chavelier Adrian Applicants Gotlinsky Barbara Stanley Shapiro Tuesday, January 07,2014 Positionffitle HA Commissioner HA Commissioner HA Commissioner Position/Title 10/11/2017 Mayor Philip Levine 10/11/2017 Mayor Philip Levine Term Ends: Appointed by: Term Limit: 1011112016 Bower Levine 1011112015 Bower Levine 10/1112014 Bower Levine Applicants Prakash Kumar 925 Position/Title Page36 of63 10/11/18 10111/19 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: Cooky Rosario Appointments To Be Made : Mayra Juan Vacancy: Members: Diaz Buttacavoli Torres To replace Micllael Rot bart 1213112013 Commissioner Ed Tobin 1213112013 Bower Levine 12/31/2015 Commissioner Deede Weithorn 12/31117 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ~----------- Eric Lawrence 12/3112014 Gongora Malakoff 12/31/17 Jay Dermer 12/3112014 Commissioner Jonah M. Wolfson 12/31/18 Mario Coryell 12/3112014 Exposito Grieco 12/31117 Steve Zuckerman (TL 12131/2014) 12/3112014 Libbin Steinberg 12/31/14 ex-officio member of the CDAC Patricia Walker ex-officio Finance director or his/her designee Tuesday, January 07, 1014 Page 37 of63 926 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 authority1 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 Appointments To Be Made : Sasha Daniel Members: Boulanger Kipnis 12/3112013 Commissioner Ed Tobin 12/3112013 Commissioner Jonah M. Wolfson 12/31118 12/31/16 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Addison Christopher Sammet Todd Joel Aberbach Maurice Goodbeer Stephen Bernstein (TL 12/31/14) Michael George ex-officio MB Marine Patrol Applicants Adrian Gonzalez Elaine Roden Jonathan Beloff Tuesday, January 07, 2014 Positionriitle 12/31/2014 Gongora Malakoff 12/31/2015 Commissioner Michael Grieco 12/31/2014 Bower Levine 12/31/2014 Libbin Steinberg 12131/2014 Commissioner Deede Weithorn Applicants Position/Title Alex Espenkotter Jacobo Epelbaum William Cahill Page 38 of63 927 12/31/20 12/31/14 12/31/20 12/31/19 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: Leonor Hernandez Appointments To Be Made : Roberta Gould Leslie Coller Vanessa Menkes Debra Quade Vacancy: To replace Regina Suarez To oreplace Marjorie York To replace Laura Bruney To replace Gertrude Arfa To replace Ana Kasdin To replace Claudia Moncarz To replace Francinelee Hand Members: Name Last Name Position/Title Francinelee Hand Jessica Conn Karen Edelstein Kristen Rosen Gonzalez Maribel Quia Ia Mercedes Carlson Nikki Weisburd Regina Berman Regina Suarez Rocio Sullivan Applicants Allee Newhoff Barbara Kaufman Britta Hanson Eda Valero-Figueira Jennifer Diaz Maria Zayas-Bazan Ma~orie O'Neiii-Buttler Meryl Wolfson Position/Title 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Deede Weithorn 12/31/20 12/31/2013 Libbin Steinberg 12/31/19 12/31/2014 Commissioner Joy Malakoff 12/31/2015 Mayor Philip Levine 12/31/2014 Commissioner Michael Grieco 12/31/2014 Commissioner Ed Tobin 12/31/2015 Commissioner Ed Tobin 12/31/2014 Mayor Philip Levine 12/31/2015 Commissioner Micky Steinberg Term Ends: Appointed by: Term Limit: 12/31/2015 Commissioner Joy Malakoff 12/31/16 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Libbin Steinberg 12/31/15 12/31/2014 Commissioner Jonah M. Wolfson 12/31/20 12/31/2014 Exposito Grieco 12/31/16 12/31/2015 Commissioner Michael Grieco 12/31/18 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2014 Bower Levine 12/31/17 12/31/2015 Commissioner Jonah M. Wolfson 12/31/17 12/31/2014 Gongora Malakoff 12/31/19 Applicants Annette Cannon Barbara Morris Dale Gratz Elizabeth Resnick Joanna Popper Marie Towers Merle Weiss Monica Matteo-Salinas -"""'-' ""'-~""'-"""'"" .,~ '"' "' ·,,, .. ,,..,,o ,,.,., ,,.,==,...cr,,.~,,.. .,.,. •.• 928 Position/Title Page 39 of63 (Continued .... Board and Committees Current Members Rebecca Boyce Sharon Dodge Tamra Sheffman Wesler Castellanos Tuesday, January 07, 2014 Page 40 of 63 929 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 /cityclerk/scroll .aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the em MEmNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Gary Farmer Appointments To Be Made : Charles Million Merle Weiss Vacancy: To replace Ileana Bravo-Gordon To replace Isadore Havernick To replace Nina Duval Members: Name Last Name Beatrice Hornstein Daniel Novela Ed a Valero-Figueira Gregory Melvin Marjorie O'Neiii-Buttler Zoila Datorre Applicants Allee Newhoff Annette Fromm Calvin Kohli Elizabeth Pines Eugenio Cabreja Janda Wetherington Tuesday, January 07, 2014 Position/Title (Tl 12131/2014) (TL 12131/2014) Position/Title 12/31/2013 City Commission 12/31/17 12/31/2013 City Commission 12/31/17 12/31/2015 City Commission 12/31/2016 City Commission 12/31/2016 City Commission Term Ends: Appointed by: Term Limit: 12/31/2015 City Commission 12/31/15 12/31/2015 City Commission 12131/15 12/31/2014 City Commission 12/31/14 12/31/2014 City Commission 12/31/15 12/31/2015 City Commission 12/31/15 12131/2014 City Commission 12131/14 Applicants Position/Title Ammette Mason Bradley Ugent Christina LaBuzetta Elliott Alhadeff Israel Sands Jason Witrock 930 Page 41 of63 (Continued. ... Board and Committees Current Members Jenna Ward Kara White Mark Balzli Monica Harvey Nathaniel Korn Patti Hernandez ~ c. .• • '··'"··'"·'""'''""'····-~-,-'".,, .... ".""'""'"""'' '""''"""'""''" ,,,, •. ,,, ,,.,..~,.._,,_""''~~~1'lf:'".~ ··" - Tuesday, January 07, 1014 Joanna Popper Lateresa Jones Michael McManus Monica Minagorri Nicole Doswell Steve Berke 931 Page42 of63 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 /cityclerkjscroll.aspx?id:::: 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEmNGS section, located on the right hand side of the 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 Appointments To Be Made: Walker Burttschell Alan Fishman Law Elizabeth William Bradley Vacancy: Members: Name Monica Rachel Rafael Applicants Schwartz Warren Jr. Ugent To replace Dr. Barry Ragone To replace Carlos J. Ortuno Last Name Harvey Umlas Trevino Position/Title Position/Title Andrea Lisa Travaglia Tuesday, January 07, 2014 12131/2013 City Commission 12/31/2013 City Commission 12131/2013 City Commission 12131/2013 Bower levine 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Term Ends: Appointed by: 12131/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/16 12/31/16 12/31/16 12/31/19 12/31/18 Term Limit: 12131/18 12/31/18 12/31/16 Applicants Position/Title Dr. Andrew Nullman Page43 of63 932 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: Desiree Kane Appointments To Be Made : Michael McNamee Fujisawa, Japan 12/31/2013 Bower Levine Elaine Roden Basel, Switzerland 12/31/2013 Bower Levine Nuccio Nobel Cozumel, Mexico 12131/2013 Bower Levine Roberto DaTorre other 12131/2013 Bower Levine Ray Breslin Brampton, Canada 12131/2013 Bower Levine Jenna Ward Almonte. Spain 12131/2013 Bower Levine Charlotte Libov other 12131/2013 Bower Levine Vacancy: To replace Ivan other 12/31/2015 Mayor Philip Levine Rusilko To replace Annette other 12/31/2014 Mayor Philip Levine Fromm To replace Jacobo other 12/31/2015 Mayor Philip Levine Epelbaum To replace Wendy Pescara, Italy 12/31/2015 Mayor Philip Levine Kallergis To replace Jennifer Santa Marta, Colombia 12/31/2014 Mayor Philip Levine Diaz To replace Ileana Rio de Janeiro, Brazil 12/31/2014 Mayor Philip Levine Bravo-Gordon To replace other 12/31/2014 Mayor Philip Levine Stephanie Trinidad To replace Bruce Nahariya, Israel 12/31/2014 Mayor Philip Levine Reich Members: 12/31/20 12/31/17 12131/16 12131/16 12131/16 12131/19 12131/20 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -----------·-·-----· ~--------- Faye Goldin other 12131/2014 Bower Levine 12/31/18 Gary Twist Fortaleza Brazil 12/31/2014 Bower Levine 12/31/17 George Neary other 12/31/2014 Bower Levine 12131/16 Jessica Londono lea, Peru 12/31/2014 Bower Levine 12131117 Zeiven Beitchman other (TL 12131/2014) 1213112014 Bower Levine 12131114 Applicants Position/Title Applicants Position/Title --- 933 Board and Committees Current Members Ada Llerandi Claudia Moncarz Dr. Andrew Nullman Israel Sands Josephine Pampanas Marcella Paz Cohen Raymond Adrian Rocio Sullivan Walter Lucero Charles Million Darin Feldman Gabriel Paez Jared Plitt Lateresa Jones Michael Rotbart Rebecca Boyce Tamra Sheffman Tuesday, January 07, 2014 Page 45 of63 934 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 21 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 ://m iamibeachfl.gov I cityclerk/scroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEEITNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: John Woodruff Members: Name John Mark Ronald Last Name Bowes Wojak Loring Applicants Andrew Fuller Lori Nieder Monica Minagorri 2014 Position/Title ( TL 12/31/2014) Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants David Alschuler Marie Towers Tegan Eve 935 Position/Title Page46 of63 12/31/18 12/31/18 12/31/14 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 Advisol)' 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 Appointments To Be Made : Kim Brown Eve 12/31/2013 Gongora Malakoff Vacancy: To replace Amy 12/31/2014 Mayor Philip Levine Rabin To replace Lizette 12/31/2015 Commissioner Micky Steinberg Lopez To replace Meryl 12/31/2015 Commissioner Michael Grieco Wolfson Members: 12/31/20 Name Last Name PositionJTitle Term Ends: Appointed by: Term Limit: Harriet Jonathan Leslie Daniel Nixon Stephanie Rosen vacant Applicants Annette Cannon Bruce Reich Dolores Hirsh Eric Lawrence Jason Witrock Mark Balzli Moni Cohen Peter Vallis Walter Lucero Halpryn Groff Graff 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Deede Weithorn 12/31/17 12/31/2014 Commissioner Ed Tobin 12/31/15 Ex-Officio member Beautification Committee Ex-Officio member of the Youth Center Adv. Board Ex-Officio member of Golf Advisory Commttee Positionrfitlc Applicants Beverly Heller Christina Nicodemou Eliane Soffer Irina Pindelea Lori Nieder Mojdeh Khaghan Paul Stein Stefan Zachar Jr. 936 Position/Title Page 47 of63 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:/ /m iamibeachfl.gov/cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEmNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Sylvia Crespo-Tabak Appointments To Be Made : Laurie Kaye Rosalie Vacancy: Members: Davis Pincus To replace David Richardson 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2015 City Commission 12/31/18 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Gabriel Lori Mojdeh Paez Gold Khaghan Christopher Diaz Evette Phillips George Castell Sylvia Crespo-Tabak elected 07/20/2011 exp. 7/31/2014-Group I elected 07/09/2012 exp. 7/31/2015 Group III elected 07/01/2013 exp. 7/31/2016 Group II Human Resources Director --- 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants Position/Title Applicants Harold Foster Richard Preira Position/Title Dr. Elsa Orlandini Michael Perlmutter Tuesday, Ja11uary 07, 2014 Page48 of63 937 12/31/15 12/31/18 12/31/16 Board and Committees Current Members Planning Board Sec. 118-51 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular voting members. The voting members shall have considerable experience in general business, land development, land development practices or land use issues; however, the board shall at a minimum be comprised of: 1) one architect registered in the state of Florida; or a member of the faculty of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning; 2) one developer who has experience in developing real property; or an attorney in good standing licensed to practice law within the United States. 3) one attorney licensed to practice law in the state of Florida who has considerable experience in land use and zoning issues; 4) one person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: A) Has earned a college degree in historic preservation; B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or C) Is recognized by the city commission for contributions to historic preservation, education or planning; and 5) three persons who are citizens at large or engaged in general business in the city No person except a resident of the city, who has resided in the city for at least one year shall be eligible for appointment to the planning board. The City Commission may waive the residency requirements by a 5/7ths vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and/or experience. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov I cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CTIY MEmNGS section, located on the right hand side of the webpage1 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. Appointments To Be Made : Charles Jonathan Robert Vacancy: Members: Name Frank Jack Urstadt Bel off Wolfarth General Business Attorney Developer To replace Henry General Business Stolar Last Name Kruszewski Johnson Position/Title General Business Historic Preservation Tuesday, January 07, 2014 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2015 City Commission Term Ends: Appointed by: 1213112014 City Commission 1213112014 City Commission 12/31/17 12/31/15 12/31/17 Term Limit: 12131118 12f31f18 Page 49 of63 938 Board and Committees Current Members Jean-Francais Lejeune Applicants ---- Aaron Davis AI bert Mertz Alexander Annunziato Brian Ehrlich Dominique Bailleul Francis Steffens Guy Simani James Silvers Jeffrey Cohen Jennifer Lampert Joshua Wallack Marina Novaes Muayad Abbas Noah Fox Ryan Homan Scott Needelman Suzanne Hollander Tuesday, January 07, 2014 Architect Position/Title 12/31/2014 City Commission Applicants Adam Kravitz Alex Espenkotter Andres Asian Daniel Veitia Elizabeth Carmargo Gary Twist Jack Benveniste Jared Galbut Jeffrey Feldman Jessica Conn Madeleine Romanello Mark Alhadeff Nelson Fox Robert Sena Sarah Johnston Seth Frohlich 939 PositioniTitle Page 50 of63 12/31/17 Board and Committees Current Members Police Citizens Relations Committee Composition: The committee shall consist of seventeen (17) members, fourteen (14) of whom shall be voting members. Sec. 2-190.36 The members shall be direct appointments with the Mayor and City Commissioners, each making two (2) individual appointments. One (1) non-voting ex-officio member shall be from the non-administrative personnel of the police department selected by a majority vote of the non administrative personnel. Two {2) additional non-voting ex-officio members shall be the police chief (or a designee) and the city attorney (or a designee). The chairperson of the committee or his/her designee shall serve as a non-voting ex-officio member of the Community Relations Board. The Police/Citizen Relations Committee shall be assigned to the Police Department. Recommendations for appointment to all voting and non-voting membership selected by the Mayor and Commission shall be obtained from; the Spanish American League Against Discrimination (S.A.L.A.D.); the League of United Latin American Citizens (L.U.L.A.,C.]; The Anti-Defamation League, (A.D.L.); The Dade Action Pac; the National Association for the Advancement of Colored People (NAACPA); the League of Women's Voters, and any other organizations deemed appropriate. The voting members of the committee shall have knowledge of and interest in Police Community Relations and their impact on the City of Miami Beach. City Liaison: Chief Raymond Martinez Appointments To Be Made : Nelson Jared Walter Hope Vacancy: Members: Gonzalez Plitt Lucero Fuller To replace Michael Perlmutter To replace Mitchell Korus To replace Glenda Krongold To replace Claire Warren To replace Dina Dissen To replace Jonatan Parker 12/31/2013 Commissioner Ed Tobin 12/31/2013 Commissioner Deede Weithorn 12/31/2013 Commissioner Deede Weithorn 12131/2013 Libbin Steinberg 12/31/2014 Commissioner Joy Malakoff 12/31/2015 Mayor Philip Levine 12/31/2014 Commissioner Ed Tobin 12/31/2015 Mayor Philip Levine 12/31/2014 Commissioner Micky Steinberg 12/31/2015 Commissioner Jonah M. Wolfson 12/31/15 12/31/15 12/31/19 12/31/16 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Gianluca Michael Sir Ralph Steven Fontani Perlmutter Halpern Oppenheimer TuesdaJ', January 07, 1014 12/3112014 Exposito Grieco 12131/18 1213112014 Commissioner Michael Grieco 12131120 12/31/2014 Gongora Malakoff 12/31120 12/31/2014 Commissioner Jonah M. Wolfson 12/31117 940 Board and Committees Current Members Alex Bello R. Martinez Applicants Alejandro Dominguez Bruce Reich David Crystal Irene Valines Irina Pindelea Kimberly Diehl Leif Bertrand Marina Aviles Prakash Kumar Richard Preira Non-adm. Personnel of the PD Police Chief PositionJTitle Tuesday, January 07, 2014 Applicants Alex Espenkotter Christina LaBuzetta Eugenio Cabreja Irene Valines Keith Menin Laura Cullen Lori Gold Melissa Mokha Rachel Schuster Tegan Eve 941 Position/Title Paf{e 52 of 63 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 Appointments To Be Made : Albert Belkys Noreen Mertz Recording Industry Vacancy: Members: Nerey Production Legault-Mendoz TV/Film To replace Allee Newhoff To replace Joyce Gal but Fashion Production 12/31/2013 Libbin Steinberg 12/31/2013 Commissioner Deede Weithom 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2014 Commissioner Michael Grieco 12/31/2014 Mayor Philip Levine 12/31/20 12/31/18 12/31/17 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Bruce Ivan Applicants Orosz Parron Christina Nicodemou Joanna Popper Lisa Ware Tuesday, January 07, 2014 Fashion News Media Positionffitle 12/31/2014 Commissioner Ed Tobin 12/31/2014 Gongora Malakoff Applicants Irene Valines Joanna-Rose Kravitz 942 Position/Title Page 53 of63 12/31/15 12/31/16 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 Appointments To Be Made : Jeff Jane Jeannette Marcella Michelle Vacancy: Members: Name Alfredo Calvin Irene Jason Oren Applicants Jonathan Parker Leif Bertrand Michelle Green William Cahill Gordon Hayes Egozi Paz Cohen Green To replace Jerry Marsch To replace Joel Aberbach To replace Barbara Gillman To replace Baruch Sandhaus Last Name Position/Title Rey Kohli Valines Witrock Lieber (TL 12/31/2014) Position/Title 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2013 Libbin Steinberg 12/31/17 12/31/2013 Gongora Malakoff 12/31/17 12/31/2013 Commissioner Deede Weithorn 12/31/16 12/31/2013 Gongora Malakoff 12/31/19 12/31/2014 Mayor Philip Levine 12/31/2015 Mayor Philip Levine 12/31/2014 Commissioner Jonah M. Wolfson 12/31/2015 Commissioner Michael Grieco Term Ends: Appointed by: Term Limit: 12/31/2014 12/31/2014 12/31/2014 12/31/2014 12/31/2014 AppJicants Leah Rey Meryl Wolfson Silvia Rotbart 943 Commissioner Deede Weithorn 12/31/17 Libbin Steinberg 12/31/16 Commissioner Ed Tobin 12/31/19 Exposito Grieco 12/31/19 Commissioner Ed Tobin 12/31/14 Position/Title Board and Committees Current Members Single Family Residential Review Panel 2006-3529 Composition: The panel shall be composed of three (3) members, t:v>Jo 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. 12/31/2015 Vietia Jorge Gutierrez Registered Design Prof. 12/31/2015 (TL 12/31/14) Rafael Sixto Registered Design Prof. 12/31/2015 (TL 12/31/14) Members: Jimmy Morales, City Manager Jimmy Morales, City Manager Jimmy Morales, City Manager Name Last Name Position/Title Term Ends: Appointed by: Term Limit: new member 12/31/2015 Applicants Position/Title Applicants Position/Title John Turchin Joseph Landesman Tuesday, January 07, 2014 Page 55 of63 944 Board and Committees Current Members Sustainability Committee 2008-3618 Composition: The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non- voting member and shall serve as the chairperson of the Committee. The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general environmental improvement trends, or "Green Initiatives," and "Sustainable Development", which is herein defined as a pattern of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only in the present, but in the indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach. City Liaison: Elizabeth Wheaton Appointments To Be Made : Mitch Lily Debra Vacancy: Members: Novick Furst Leibowitz City Commissioner 12/31/2013 Bower Levine 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2013 Commissioner Deede Wei thorn Mayor Philip Levine 12/31/16 12/31/15 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: David Gabriele Luiz Priscilla Applicants Amy Rabin Doebler Van Bryce Rodrigues Schmidt Daniel Manichello Gisele Colbert Kimberly Eve Mihaly Lenart Walker Burttschell -rnmnm 'rm rrm,r:R,¥.Fhlffihlf""-"vr,,, Tuesday, January Position/Title 12/31/2015 Commissioner Micky Steinberg 12/31/20 12/31/2014 Gongora Malakoff 12/31/17 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2014 Exposito Grieco 12/31/20 Applicants Andrea Lisa Travaglia Elizabeth Pines Jason Biondi Marivi Iglesias Russell Hartstein 945 Position/Title Page 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 Appointments To Be Made : Stefan Zachar Jr. David Berger Jeffrey Forster Dolores Hirsh Members: Name Last Name Carrie Johnson Gayle Durham Tegan Eve Positionffitle Applicants Barbara Herskowitz Kimberly Diehl Position/Title Lori Nieder Melissa Mokha Steve Berke Tuesday, January 07,2014 12/31/2013 Bower Levine 12/31/2013 Exposito Grieco 12/31/2013 Libbin Steinberg 12/31/2013 Commissioner Jonah M. Wolfson 12/31/20 12/31/19 12/31/19 12/31/19 Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/20 12/31/2014 Commissioner Ed Tobin 12/31/20 12/31/2014 Gongora Malakoff 12/31/20 Applicants Donna Ganz Laure Mckay Marlene Pross Stephen Donnelly Vicki Petruzzelli 946 Position/Title Page 57 of63 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 basis1 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 Appointments To Be Made : Scott Seth Vacancy: Members: Diffenderfer Wasserman To replace Maria Mayer 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2013 Exposito Grieco 12/31/2015 Commissioner Ed Tobin 12/31/15 12/31/16 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dr. Corey Eric Josephine Ray Narson Ostroff Pampanas Breslin (TL 12/31/2014) 12/31/2014 Libbin Steinberg 12/31/18 12/31/2014 Commissioner Deede Weithorn 12/31/18 12/31/2014 Bower Levine 12/31/14 12/31/2015 Commissioner Joy Malakoff 12/31/21 AI Feola Delvin Fruit Jo Asmundsson Rep. for the Ocean Dr. Imp. Assoc. 12/31/14 Rep. for Mid-Beach Community Assoc. -12/31/13 Rep. for MBCDC 12/31/14 Madeleine Romanello Rep. for MBCC 12/31/13 Mark Weithorn Rep. for NBDC 12/31/15 vacant Rep. for Lincoln Road Marketing William "Bill" Hahne Rep. for MDPL 12/31/13 Applicants Position/Title Applicants Position/Title Page 58 of 63 (Continued .... 947 Board and Committees Current Members Amy Rabin Daniel Manichello David McCauley Gianluca Fontani Lei! Bertrand Sasha Boulanger Cheryl Jacobs David Alschuler Dorian Nicholson Laure Mckay Mance Buttram Steven Oppenheimer 948 Page 59 of63 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/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: Grisette Roque. Vacancy: Members: Name Aaron Margaret (Peggy) Steven Applicants Adrian Gonzalez Ammette Mason Calvin Kohli Christy Farhat Dona Zemo Harold Foster Jared Galbut Jennifer Diaz Karen Brown To replace Keith Hotel Industry Men in To replace Micky At-large Ross Steinberg To replace At-large Jacqueline Hertz To replace Jeff Hotel Industry Lehrman Last Name Perry Benua Adkins Position/Title At-Large At-Large At-large (TL 12/31/2014) Positionffitle '""''~""='·~,.,.,_,,~,>"·"'"''''"'·'~Y-<'"'"'-',..._",..._"W>::I'->"P-M'<f:"-,-.t~--., \, '·t •-:• '""".!'-,_,' >. '., H~ . .,_.... ~~ ... -+..--,,;:~ •. ::.-..... ,H.:.~':"'·.:':'·'--+ ... ---. .' Tuesday, January 07, 2014 12/31/2015 City Commission 12/31/2015 City Commission 12/31/2015 City Commission 12/31/2015 City Commission Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Term Limit: 12/31/16 12/31/17 12/31/14 Applicants Albert Mertz Barry Meltz Charles Million Deborah Castillo Eric Lawrence James Lloyd Jeffrey Graff Joshua Wallack Keith Menin Position/Title Page 60 of63 (Continued .... 949 Board and Committees Current Members Kristen Rosen Gonzalez Laurence Herrup Seth Feuer Stephen Hertz Wendy Kallergis ,,. ,,.,•><., ""u"'<•'•""•••"""•• T.''~,,-,~.-·~.-.-,,,~-.-r,·<·"'-'"•'m '-"'•-"=="'-•'""'7•V07 -,, Tuesday, Jafluary 07,2014 Laure Mckay Natalie Koller Stanley Shapiro Tim Nardi 950 Page of63 Board and Committees Current Members Waterfront Protection Committee Sec. 2-190.122 Composition: The committee shall consist of: seven (7) voting members1 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 committee1 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)1 Natural Resources Division who holds the position of Special Projects Administrator II as an ex-officio member and 1 4) A member of the city's Beach Patrol. City Liaison: Elizabeth Wheaton Appointments To Be Made: Robert Kraft 12/31/2013 Commissioner Jonah M. Wolfson Jeffrey Feldman 12/31/2013 Bower Levine William Cahill 12/31/2013 Commissioner Ed Tobin Morris Sunshine 12/31/2013 Exposito Grieco Vacancy: To replace Charles 12/31/2014 Commissioner Deede Weithorn Fisher To replace Matthew 12/31/2014 Commissioner Joy Malakoff Krieger Members: 12/31/16 12/31/19 12/31/20 12/31/15 Name Last Name Positionffitle (TL 12131/2014) Term Ends: Appointed by: Term Limit: Barbara Brian Flynn Joe Fisher Margarita Wells Applicants Alan Fishman Gisele Colbert Kimberly Eve Silvia Rotbart Hershkowitz 12131/2014 Commissioner Micky Steinberg 12/31114 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, January 07, 2014 951 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 Appointments To Be Made : Michael Dana Vacancy: Members: Burnstine Turk en 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2013 Exposito Grieco 12/31/19 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Vmit: Annette Esther Jeffrey Paul Stephanie Maria Ruiz Applicants Cannon Egozi Choukroun Graff Stein Rosen ex-officio student rep. of a Middle School ex-officio student rep. of a High School ex-officio Dir. of Children's Affairs Position/Title Andrea Lisa Travaglia Beverly Heller 12/31/2014 Commissioner Ed Tobin 12/31/2014 Gongora Malakoff 12/31/2014 Libbin Steinberg 12/31/2014 Bower Lsvins 12/31/2015 Commissioner Desde Weithorn Applicants Positionffitle Barbara Herskowitz Christy Farhat Page 63 of63 952 12/31/18 12/31/17 12/31/16 12/31/16 12/31/15 CRy CommiBBiln Committllls Gommlttall Posltlm First Nama Finance & Citywide Projects Committee Chairperson Vice-Chair Member Alternate Liaison Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Micky Steinberg Commissioner Michael Grieco Patricia Walker, CFO Flooding Mitigation Committee Chairperson Vice-Chair Member Alternate Liaison Commissioner Johah Wolfson Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Ed Tobin Bruce Mowry Land Use & Development Committee Chairperson Commissioner Joy Malakoff Vice-Chair Commissioner Jonah Wolfson Member Commissioner Michael Grieco Alternate Commissioner Deede Weithorn Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Vice-Chair Member Tuesday, January 07, 2014 Commissioner Ed Tobin Commissioner Micky Steinberg Commissioner Deede Weithorn 953 AppaMadby Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Page 1 of 2 Commltt8o Position AppolntBd by Alternate Commissioner Joy Malakoff Mayor Levine Liaison Barbara Hawayek, City Manager Tuesday, January 07, 2014 Page 2 of 2 954 NON-CITY COMMISSION COMMITTEES Mayor Philip Levine • Miami-Dade Metropolitan Planning Organization VACANT: Formerly occupied by Mayor Matti 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 County Tourist Development Council • Citizens' Oversight Committee/lnterlocal Agreement for Public School Facility Planning MDC VACANT: Formerly occupied by Commissioner Michael G6ngora • Miami-Dade County League of Cities Commissioner Deede Weithorn • Miami-Dade County Homeless Trust Board Ricky Arriola • The Adrienne Arsht Center for the Performing Arts Center Trust Victor Diaz • Miami-Dade County Charter Review Task Force Mitchell Kaplan • The Adrienne Arsht Center for the Performing Arts Center Trust Richard Milstein • The Adrienne Arsht Center for the Performing Arts Center Trust F:\CLER\$ALL\a City Commission\Non City Commission Committees 060513.docx 955 THIS PAGE INTENTIONALLY LEFT BLANK 956 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: BOARD AND COMMITTEE AP INTMENTS -CITY COMMISSION/AT-LARGE APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. ANALYSIS Attached are the applicants that have filed with the City Clerk's Office for the below at-large appointments. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee (3 vacancies and 4 appointments to be made) 2. Art in Public Places (2 vacancies and 2 appointments to be made) 3. Board of Adjustment (3 vacancies and 2 appointments to be made) 4. Budget Advisory (1 vacancy) 5. Capital Improvements Projects Oversight Committee (3 vacancies and 2 appointments to be made) 6. Design Review Board (3 vacancies and 3 appointments to be made) 7. Health Advisory Committee (3 vacancy and 4 appointments to be made) 8. Health Facilities Authority Board (1 vacancy) 9. Historic Preservation Board (1 vacancy and 2 appointments to be made) 10. Miami Beach Cultural Arts Council (3 vacancies and 2 appointments to be made) 11. Miami Beach Human Rights Committee (2 vacancies and 4 appointments to be made) 12. Personnel Board (1 vacancy and 2 appointments to be made) 13. Planning Board (1 vacancy and 3 appointments to be made) 14. Visitor and Convention Authority (4 vacancies) Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at: http://miamibeachfl. gov/cityclerk/scroll. aspx?id=72497 F:\CLER\$ALL\a City Commission\Commission Memo 8 & C FOR 01-15-2014.doc 957 Agenda Item f8 4/ Date l '()-/V Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the City Clerk section, located on the bottom right hand side of the webpage, click on the "Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. JM/REG€J F:\CLER\$ALL\a City Commission\Commission Memo 8 & C FOR 01-15-2014.doc 958 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 1 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://mlamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archive" link; thereafter choose the first listed Commission meeting/ and click on City Commission At-Large Nominations. City Liaison: Richard Bowman Appointments To Be Made : Amy Guy Adrian Mark Vacancy: Perry Simani Adorno Wahl (11) Rep. Essential Serv. (1 0} Rep. Em pl. With/Juris. (9) Res. Juris Local Govt. (7) Real Estate Prof. To replace (6) Not for Profit Stephanie Berman To replace Robert (1) Res. Home Bldg. Sa land 12/31/2013 City Commission 12/3112013 City Commission 12/3112013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Tuesday, January 07,2014 Page 4 of63 959 12/31/17 12/31/17 12/31/17 12/31/17 Board and Committees Current Members To replace Jeremy (4) Low-Income Adv 12/31/2015 City Commission Glazer Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Charles David Juan Muayad Applicants Urstadt Smith Rojas Abbas Andrew Fischer Dr. Barry Ragone Gotlinsky Barbara Karen Fryd Ryan Homan Tuesday, January 07,2014 (8) Local Pi ann. Bd. (3) Rep. Labo H.Bid. TL 12-3 (2) Banking/Mortgage (5) For Profit Position/Title 1213112014 City Commission 12131/2014 City Commission 1213112014 City Commission 12/3112014 City Commission Applicants Position!Title Britta Hanson Emily Eisenhauer Jason Biondi Marie Towers Stephen Zack Page5of63 960 12131117 12131/14 12/31/16 12/31/17 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/cityclerk/scroll.aspx?=72497. Alternatively, the Release can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CllY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison : Dennis Leyva Appointments To Be Made : Lisette Olemberg-Golds (TL 12/31/2014) Patricia Vacancy: Members: Fuller To replace James Lloyd To replace Lisa Austin 12/31/2013 City Commission 12131/2013 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/14 02/31118 Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Janda Megan Susan Applicants Wetherington Riley Caraballo Adrian Gonzalez Ammette Mason Cathy Byrd Christina LaBuzetta Claire Warren David Lombardi Francinelee Hand Leslie Tobin Marjorie O'Neiii-Buttler Michelle Ricci Ombretta Agro And ruff Sharon Dodge ~, -.. Tuesday, January 07, 2014 Position/Title 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants Position/Title Allee Newhoff Annette Fromm Chana Sheldon Cindy Brown Dale Stine Elizabeth Schwartz Francis Trullenque Lori Nieder Michael McManus Nicole Doswell Paolo Ambu Stephen Zack 961 Page 6 of63 12131116 12/31/16 02/31/18 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":t1 Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial Consultant or Investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be appointed for a term of two years by a five-seventh vote of the city commission. Members of the Board of Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the Board of Adjustment. Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission Meeting, and click on City Commission At-Large Nominations. City Liaison: Antonieta Stohl Appointments To Be Made : Elsa Bryan Vacancy: Members: Urquiza Rosenfeld At-Large CPA To replace Joy Malakoff To replace Sherry Roberts To replace Lior Leser At-Large Gen. Business Financial Consultation 12131/2013 City Commission 12131/2013 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2015 City Commission 12/31117 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Noah Richard Applicants Fox Pre ira Tuesday, January 07, 2014 Real Estate Developer Law Position/Title 12/31/2014 City Commission 12/31/2014 City Commission 12/31/18 12/31116 Applicants Position/Title Page 9 of63 (Continued. 962 Board and Committees Current Members Aaron Davis Alexander Annunziato Andres Asion Andrew Fischer Brian Ehrlich Frank Del Vecchio Gabriel Paez Gary Twist Guy Simani Jack Benveniste James Silvers Jeffrey Feldman Jessica Conn Jonathan Beloff Kristen Rosen Gonzalez Mark Alhadeff Muayad Abbas Nelson Fox Roberta Gould Scott Needelman Seth Frohlich Wesler Castellanos Tuesday, January 07, 2014 Page 10of63 963 Board and Committees Current Members Budget Advisory Committee Sec. 2-44 Composition: Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment. Two (2) at-large appointments: one (1) certified public accountant and one (1) for a financial advisor. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing currnet information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov/cityclerk/scroll.aspx?id= 72497 Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CilY MEffiNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: John Woodruff Appointments To Be Made : Jack Dushan Laurence Vacancy: Members: Name David John Marc Ronald Stephen Applicants Brian Harris Carl Linder Elliott Alhadeff John Bowes Lisa Ware Regina Suarez Benveniste Koller Herrup To replace Financial Adv. Jacqueline Lalonde Last Name Lancz Gardiner Gidney Starkman Hertz Position/Title C P A. (TL 12/31/2014) Position/Title Tuesday, January 07, 20U 12/31/2013 Bower Levine 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2013 Gongora Malakoff 12/31/2014 City Commission 12/31/15 12/31/15 12/31/17 Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/2015 Commissioner Michael Grieco 12/31/2014 City Commission 12/3112014 Commissioner Micky Steinberg 12/31/2014 Commissioner Ed Tobin Applicants Position/Title Bryan Rosenfeld Dwight Kraai Eric Lawrence Joseph Landesman Noah Fox 964 Page 11 of63 12/31/18 12/31/16 12/31114 12/31121 12131/16 Board and Committees Current Members Capital Improvements PrQiects 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)1 and one (1) member appointed by the Mayor or designee 1 and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2.) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input to the committee. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage 1 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 Appointments To Be Made : Saul Gross (1) Mayor Designee Principal Elizabeth Brian Carmargo Ehrlich (C3) Developer(TL 12/31/2014) 12/31/2013 Bower/ Levine 12/31/2013 City Commission 12/31/2013 City Commission Vacancy: To replace Dwight Engineer 12/31/2014 City Commission Kraai To replace Developer 12/31/2015 City Commission Christina Cuervo Tuesday, January 07, 2014 Page 12 of63 965 12/31/15 12/31/13 12/31/14 Board and Committees Current Members Members: To replace Stacy Kilroy (C3) Coons!. Gen. Contr 12/31/2014 City Commission Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Cheryl Robert Tony Applicants Jacobs Rabinowitz Trujillo Annsheila Turkel Daniel Manichello Elliott Alhadeff Harold Foster James Lloyd Jurgen Brendel --·. .,._. Tuesday, January 07, 2014 (C4) At-large (C5) Engineer (C4) Cap.Budg/Finance Positionffitle 1213112014 City Commission 1213112014 City Commission 1213112014 City Commission Applicants Carl Linder Dominique Bailleul Gianluca Fontani lvette Isabel Borrello John Turchin Kay Coulter 966 Positionffitle Page 13 of63 12/31/18 12/31/17 12/31/16 Board and Committees Current Members Design Review Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members. The seven (7) regular members shall consist of: 1) two architects registered in the Untied States; 2) an architect registered in state of Florida or a mer urban planning, or urban design in the state, with pr design, planning, historic preservation or the history fields of architectural design, or urban planning; 3) one landscape architect registered in the state of Sec. 118.71 4) one architect registered in the United States, or; ,... IJ_ :t_~ _ or urban design, or urban planning, or a resident w (.,)._,~{ V '7'--... ~ issues; or an attorney in good standing licensed to CJ 5) two citizens at large. One person appointed by the City Manager from a Committee shall serve In an advisory capacity wit~ designee and the City Attorney or designee shall s Residency and place of business in the county. T registered landscape architects, registered archite planners shall be residents of the city. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerkjscroll.aspx?ld=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEmNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Thomas Mooney Appointments To Be Made : Manuel {Mickey) Minagorri At-large Jason Leslie Vacancy: Members: Hagopian Tobin Registered Architect Registered Architect To replace Lilia Urban Planner Medina To replace Seraj Lands. Architect Saba To replace Marilys Architect Nepomechie 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission Jl 12131/17 12131/15 12/31116 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Carol Hausen At-large 12/31/2014 City Commission 12/31/16 ~__,_,--~ . Tuesday, January 07, 2014 Page 23 oj63 (Continued. ... 967 Board and Committees Current Members Gary Held Richard Lorber Vacant Applicants Adam Kravitz Andres Asian Bryan Rosenfeld Edgar Sarli Elsa Urquiza Francis Steffens Jean-Francais Lejeune Jeffrey Feldman Jessica Conn Jurgen Brendel Marina Novaes Ryan Homan Seth Frohlich Stacy Kilroy Terry Bienstock -_,. advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Position/Title Tuesday, January 07, 2014 Applicants Alexander Annunziato Brian Ehrlich Clotilde Luce Elizabeth Carmargo Francinelee Har1d Gary Twist Jeffrey Cohen Jennifer Lampert John Turchin Keith Menin Nelson Fox Sarah Johnston Seth Wassermar1 Suzanne Hollander Wesler Castellanos 968 Position/Title Page14 o/63 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 1 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 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 the City Commission At-Large Nominations. City Liaison: Sonia Bridges Appointments To Be Made : Harold Tobi Shaheen Dr. Todd Vacancy: Members: Name Dr. Andrew Dr. Stacey Foster Ash Wirk Narson Vacant Privae Individual Nursing Profession Private Individual Health Provider CEO/MB Comm. Health 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2015 City Commission To replace Dr. Jay Physician 12/31/2014 City Commission Reinberg To replace Anthony ACLF 12/31/2014 City Commission Japour Last Name Nullman Kruger Position/Title Term Ends: Appointed by: Physician (TL 12/31/2014) 12/31/2014 City Commission Physician 12/3112014 City Commission 12/31/15 12/31/15 12/31/15 12/31/16 Term Limit: 12/31/14 12/31/16 Tuesday, January 07, ZOU Page30of63 969 Board and Committees Current Members Rachel Steven Julie Zaharatos Maria Ruiz Applicants Ivan Rusilko Kara White Lisa Ware Schuster Sonenreich ACLF CEO/MI. Sinai/MH (NTL) Rep. from the Health Council of South Fla ex-offido, Director of Children's Affairs Position/Title Tuesday, January 07,2014 12/31/2014 City Commission 12/31/2014 City Commission Applicants Jared Plitt Leah Rey 970 Positionffitle Page 31 of63 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 I cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Patricia Walker Vacancy: To replace Alison Attorney Members: Name Arthur Marc Mark Sidney Stone Last Name Unger Umlas Sinn reich Goldin Position/Title Accountant Health Provider Health Provider General Business vacant Chairperson, Health Advisory Board Applicants Dr. Elsa Orlandini Rosalie Pincus Tuesday, January 07, 2014 Position!Title 06/19/2017 City Commission Term Ends: Appointed by: Term Limit: 06!19/2016 City Commission 06!19/2014 City Commission 06!19/2015 City Commission 06/19/2014 City Commission Applicants Position/Title Rachel Schuster Shaheen Wirk Page32 o/63 971 FS 154-207 FS-154-207 FS 154-207 FS 154-207 Board and Committees Current Members Historic Preservation Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) members. There shall be a member from each of the following categories: 1) A representative from the Miami Design Preservation League (MDPL); Selected from three names nominated by the League. 2) A representative from Dade Heritage Trust (DHT); Selected from three names nominated by the Trust. Sec. 118·1 01 3) Two at*large member who have resided in one of the City's historic districts for at least one year, and have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. 4) An architect registered in the state of Florida with practical experience in the rehabilitation of historic structures; 5) An architect registered in the United States, a landscape architect registered in the state of Florida, a professional practicing in the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of the foregoing with professional experience and demonstrated interest in historic preservation. 6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urban planning and university faculty member of the board shall be residents of, the city, provided, however, that the city commission may waive this requirement by a 5/7ths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov/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, dick 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 Appointments To Be Made : Ira David Vacancy: Members: Giller Reg_ Architect Wieder Attorney To replaace Henry Faculty Member Lares 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2015 City Commission 12/31/17 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dominique Herb Bail leu I So sa Tuesday, January 07, 2014 At-large MDPL 12/31/2014 City Commission 12/31/2014 City Commission Page34 of63 972 12/31/16 12/31/15 Board and Committees Current Members Jane Josephine Gross Manning Dade Heritage At-large 12/31/2014 City Commission 12/31/2014 City Commission Applicants Position!fitle Applicants Position/Title 12/31/16 12/31/14 ~~-------------------------------------------------------------------------~--- Adam Kravitz Albert Mertz Alejandro Dominguez Dona Zemo Elizabeth Carmargo Elizabeth Pines Francis Steffens Jean-Francais Lejeune Jennifer Lampert Marilys Nepomechie Marina Novaes Mark Alhadeff Raymond Adrian Tuesday, January 07, 2014 Page35 of63 973 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/cityclerk,fscroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda-Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Gary Farmer Appointments To Be Made : Charles Million Merle Weiss Vacancy: To replace Ileana Bravo-Gordon To replace Isadore Havernick To replace Nina Duval Members: Name Last Name Position/Title Beatrice Hornstein Daniel Novel a Ed a Valero-Figueira (TL 12/3112014) Gregory Melvin Marjorie O'Neill-Buttler Zoila Datorre (TL 12/31/2014) Applicants Position/Title Allee Newhoff Annette Fromm Calvin Kohli Elizabeth Pines Eugenio Cabreja Janda Wetherington Tuesday, January 07, 2014 12/31/2013 City Commission 12131117 12/31/2013 City Commission 12131117 12/31/2015 City Commission 12/31/2016 City Commission 12/31/2016 City Commission Term Ends: Appointed by: Term Limit: 12/31/2015 City Commission 12131/15 12/31/2015 City Commission 12/31/15 12/31/2014 City Commission 12/31114 12/31/2014 City Commission 12131/15 12131/2015 City Commission 12131/15 12/31/2014 City Commission 12131/14 Applicants Position/Title Ammette Mason Bradley Ugent Christina LaBuzetta Elliott Alhadeff Israel Sands Jason Witrock 974 --" -. ~ ~ Page 41 of63 (Continued. ... Board and Committees Current Members Jenna Ward Kara White Mark Balzli Monica Harvey Nathaniel Korn Patti Hernandez Tuesday, January 07, 2014 Joanna Popper Lateresa Jones Michael McManus Monica Minagorri Nicole Doswell Steve Berke 975 Page42 of63 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.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Ralph Granado Appointments To Be Made : Walker Burttschell Alan Fishman Law Elizabeth Schwartz William Warren Jr. Bradley Ugent Vacancy: To replace Dr. Barry Ragone To replace Carlos Members: Name Monica Rachel Rafael Applicants J Ortuno Last Name Harvey Umlas Trevino Andrea Lisa Travaglia _, --.. Tuesday, January 07, 2014 Position!fitle Position/Title 12/31/2013 City Commission 12/31/16 12/31/2013 City Commission 12/31/16 12/31/2013 City Commission 12/31/16 12/31/2013 Bower Levine 12/31/19 12/31/2013 City Commission 12/31/18 12/31/2014 City Commission 12/31/2014 City Commission Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants Position/Title Dr. Andrew Nullman Page43of63 976 12/31/18 12/31/18 12/31/16 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 Department1 Group II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees1 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:/ /miam ibeachfl.gov /cityclerk/scroll.aspx?ld = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the em MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter1 choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Sylvia Crespo-Tabak Appointments To Be Made : Laurie Kaye Rosalie Vacancy: Members: Davis Pincus To replace David Richardson 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2015 City Commission 12/31/18 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Gabriel Lori Mojdeh Paez Gold Khaghan Christopher Diaz Evette Phillips George Castell Sylvia Crespo-Tabak Applicants elected 07/20/2011 exp. 7/31/2014-Group I elected 07/09/2012 exp. 7/31/2015 Group III elected 07/01/2013 exp. 7/31/2016 Group II Human Resources Director Position/Title 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants Position/Title Dr. Elsa Orlandini Michael Perlmutter Harold Foster Richard Preira Tuesday, January 07,2014 Page48 of63 977 12/31/15 12/31/18 12/31/16 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 1 the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: A) Has earned a college degree in historic preservation; B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or C) Is recognized by the city commission for contributions to historic preservation, education or planning; and 5) three persons who are citizens at large or engaged In general business in the city No person except a resident of the city, who has resided In the city for at least one year shall be eligible for appointment to the planning board. The City Commission may waive the residency requirements by a 5/7ths vote In the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and/or experience. City Clerk's Note: Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http:/ /miamibeachfl.gov /cityclerkfscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEffiNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Katia Hirsh. Appointments To Be Made : Charles Jonathan Robert Vacancy: Members: Name Frank Jack ,, "-'.· -__ _, __ ._. --- Urstadt Beloff Wolfarth General Business Attorney Developer To replace Henry General Business Stolar Last Name Kruszewski Johnson Position/Title General Business Historic Preservation Tuesday, January 07, 2014 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2015 City Commission Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/17 12!31115 12/31117 Term Limit: 12/31/18 12/31/18 Page49of63 978 Board and Committees Current Members Jean-Francais Lejeune Applicants Aaron Davis Albert Mertz Alexander Annunziato Brian Ehrlich Dominique Bailleul Francis Steffens Guy Simani James Silvers Jeffrey Cohen Jennifer Lampert Joshua Wallack Marina Novaes Muayad Abbas Noah Fox Ryan Homan Scott Needelman Suzanne Hollander ·•--"-'' -~--.. - Tuesday, January 07, 2014 Architect Positionffitle 12/31/2014 City Commission Applicants Adam Kravitz Alex Espenkotter Andres Asian Daniel Veitia Elizabeth Carmargo Gary Twist Jack Benveniste Jared Galbut Jeffrey Feldman Jessica Conn Madeleine Romanello Mark Alhadeff Nelson Fox Robert Sena Sarah Johnston Seth Frohlich 979 Positionffitle Page50of63 12/31/17 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 I cityclerk/scroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Grisette Roque. Vacancy: Members: Name Aaron Margaret (Peggy) Steven Applicants Adrian Gonzalez Ammette Mason Calvin Kohli Christy Farhat Dona Zemo Harold Foster Jared Galbut Jennifer Diaz Karen Brown To replace Keith Hotel Industry Men in To replace Micky At-large Ross Steinberg To replace At-large Jacqueline Hertz To replace Jeff Hotel Industry Lehrman Last Name Perry Benua Adkins Position/Title At-Large At-Large At-large (TL 12/31/2014) Position/Title •. ,-__ , ., • '" .-~9: •.. , "--v~ --·"-''' Tuesday, January 07, 2014 12/31/2015 City Commission 12/31/2015 City Commission 12/31/2015 City Commission 12/31/2015 City Commission Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Term Limit: 12/31/16 12/31/17 12/31/14 Applicants Positionffitle Albert Mertz Barry Meltz Charles Million Deborah Castillo Eric Lawrence James Lloyd Jeffrey Graff Joshua Wallack Keith Menin 980 Page 60 of63 (Continued.,. Board and Committees Current Members Kristen Rosen Gonzalez Laurence Herrup Seth Feuer Stephen Hertz Wendy Kallergis . '-.. .. Tuesday, January 07, 2014 Laure Mckay Natalie Koller Stanley Shapiro Tim Nardi 981 ' . Page 61 of63 THIS PAGE INTENTIONALLY LEFT BLANK 982 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: January 7, 2014 SUBJECT: Agenda item for January 15 1h, 2014 City Commission Meeting I would like to nominate Henry Stolar for the Noise Working Group. If you have any questions please do not hesitate to call our office. Best Regards, Dessiree Kane on behalf of Commissioner Ed Tobin 983 Date B9AL l-IS""-I~ THIS PAGE INTENTIONALLY LEFT BLANK 984 R9 -New Business and Commission Requests R981 Dr. Stanley Sutnick Citizen's Forum. (8:30a.m.) R982 Dr. Stanley Sutnick Citizen's Forum. (1 :00 p.m.) 985 Agenda Item Rq B I ..J-2 Date /-IS'-1~ THIS PAGE INTENTIONALLY LEFT BLANK 986 CQ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Members of the City Commission FROM: Mayor Philip Levine DATE: January 15, 2014 SUBJECT: MIAMI BEACH CONVENTION CENTER DISTRICT PROJECT (MBCC PROJECT) INTRODUCTION During my campaign for Mayor, there was a lot of discussion and debate about the scale, design, and overall program of the mixed-use MBCC Project, yet there was never any dispute about the need to renovate the Convention Center itself, as well as the Center's essential and significant role in the City's -and Miami-Dade County's - economy. While realizing the imperative to renovate the Convention Center, I have always had significant concerns with tying that process into the larger private development of City- owned land, as contemplated in the City's RFQ for the development of the 52 acre Miami Beach Convention Center District. Additionally, recent legal events have created the possibility of a further delay to the renovation of the Convention Center (which has already been in the planning stages since 2007). For these reasons, I believe the City Commission needs to reconsider the current program in a way which prioritizes and expedites the renovation of the MBCC in keeping with the desires of the community. RECENT EVENTS On July 17, 2013, the City Commission adopted Resolution No. 2013-28286, selecting South Beach ACE (SBACE) as the "Master Developer'' for the MBCC mixed-use project under Request for Qualifications No. 22-11/12. The project proposed by SBACE includes the renovation and expansion of the MBCC; a privately owned 800 room hotel designed on top of the Convention Center, including 30,000 square feet of retail within the hotel; 20,000 square feet of privately owned retail on ~ublic land north of 171h Street; 70,000 square feet of privately owned retail within the 17 Street Garage; and a public park located within the area known as the "P Lot" adjacent to the MBCC. The private components of the project (the hotel and retail portions) would be developed by SBACE on City-owned land and leased to the Developer for a term of ninety-nine (99) years. Under the City's Charter, the leases of City land for the private components must be approved by the voters in a Citywide referendum. On September 20, 2013, the Third District Court of Appeal (3rd DCA) in the case of Let Miami Beach Decide vs. City of Miami Beach, removed the lease approval question from the November 5, 2013 ballot. The court held that in order to approve the proposed leases of City land to the Developer under the City Charter provision, voters must be advised of the material terms of the leases that they were being asked to approve. 987 Agenda Item R 9 C 1 Date 1-IS-IC( Miami Beach Convention Center District Project (MBCC Project) January 15, 2013 Page 2 of3 Because these terms had not yet been negotiated, the court concluded that, without this necessary information, the lease approval ballot question must be removed from the ballot. To date, the City and SBACE have yet to finalize the terms of, or execute, the non- binding Letter of Intent (LOI) under Resolution No. 2013-28, nor have the parties commenced negotiations on a term sheet, development agreement, or any of the 99 year leases for the hotel and retail components. Further, on November 5, 2013, voters overwhelmingly approved a Charter amendment which would require a 60% (rather than majority) voter approval before the sale, lease exceeding 1 0 years, exchange or conveyance of any City-owned property within the Convention Center Campus. The area defined as the "Convention Center Campus" in the Charter amendment includes the City properties within the Convention Center District site described in the RFQ; and would therefore require that the proposed 99 year leases for the private components of SBACE's project now be approved by 60% of the voters. PROGRAM RECONSIDERATION The aforementioned change in circumstances requires reconsideration of the previously defined program. The current design proposed by SBACE combines the private hotel and the public MBCC facility into one building. The newly mandated requirement of negotiating and approving a lease (containing all material terms}, prior to its approval by voter referendum, as well as the 60% voter approval now required under the City Charter, could delay the renovation of the MBCC indefinitely if the hotel and Convention Center are combined. Bifurcating the program by decoupling the public from the private uses would expedite the renovation of the Convention Center itself, since neither a lease nor a referendum would be required if the project were to remain a stand-alone building wholly controlled by the City. Decoupling the projects, therefore, will significantly accelerate the renovation of the MBCC. It also eliminates any risk that a referendum on the hotel and retail components would delay or terminate the Convention Center renovation. PROJECT FUNDING I appreciate that the purpose of the mixed-use development in the RFQ was to generate private funds to subsidize the renovation of the Convention Center. Fortunately, the City currently has the ability to secure funding for the renovation and expansion of the public project. Funding sources for the Convention Center renovation and expansion include: the Miami-Dade County General Obligation Bond {$53.6 million), the additional1% resort tax (estimated at $230.4 million with collections beginning in 2015) and future dedicated revenues from the existing RDA through 2022 estimated at $71.2 million). These sources total approximately $355.2 million and do not require an RDA extension by the County. Additionally, the Parking Enterprise Fund can support up to $145 Million in future Parking Revenue Bonds for public parking. Furthermore, through better design and value engineering, I believe we can deliver a new and improved Convention Center for less than the $500 million budget estimated thus far. MAYOR'S RECOMMENDATION In order to assure that the renovation of the Convention Center remains the City's priority, I recommend the following for the City Commission's consideration: 988 Miami Beach Convention Center District Project {MBCC Project) January 15, 2013 Page 3 of 3 1. Approve a motion to rescind Resolution No. 2013-28, and terminate negotiations with SBACE. 2. Approve a motion to reject all proposals received pursuant to RFQ No. 22-11/12 on the grounds that the 3r DCA's ruling and the new Charter amendment have significantly changed the circumstances and presumptions in the RFQ. 3. Approve a motion directing City staff to issue a new solicitation for design and/or construction services for the renovation and addition. The motion would include: a. Scaling down the scope of the previous master plan by removing any requirement for retail or other private commercial uses. The elements of the renovated Convention Center, however, should include 500,000 sq. ft. of existing exhibit space, the addition of a ballroom, additional meeting room capacity, and adequate back-of-house facilities and state-of-the-art technology. b. Further study the requirement for the development of a hotel at a future date. The study would reconsider the number of rooms, site location, and deal structure. The study would be taking place in tandem with the renovation of the Convention Center, but would be an independent process which would not cause a delay to the Convention Center project. Any hotel should be exclusively financed with private sector dollars. c. Incorporate a 25-year, 3-day level of stormwater service outside of the right-of- way and set minimum elevations that take into account the height of sea level rise based upon current projections. The City will also require features that protect the site from storm surge and require stormwater storage on-site. CONCLUSION Due to the immediate availability of funding for the public components of the Convention Center renovation project, and the desire to expedite the project and not allow a referendum to dictate the schedule, phasing, and ultimate design of the Center itself, I request that the City Commission approve this motion, as recommended. Cc: City Manager City Attorney T:IAGENDA\2014\January\MBCC\MBCC Mayor's Memorandum.docx 989 THIS PAGE INTENTIONALLY LEFT BLANK 990 R9 -New Business and Commission Requests R9C2 Update On The Miami Beach Convention Center Project. (City Manager's Office) 991 Agenda Item f? 9 C ;l.. Date 1-t<;;"-/f( THIS PAGE INTENTIONALLY LEFT BLANK 992 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: December 11th, 2013 SUBJECT: Agenda item for January 151h, 2014 City Commission Meeting Please place on the January 15th City Commission Meeting an agenda item to discuss the creation of a beach for disabled residents and visitors to Miami Beach and a referral to the Disability Access Committee. If you have any questions please do not hesitate to call our office. Best Regards, Oessiree Kane on behalf of Commissioner Ed Tobin 993 Agenda Item R 2 D Date /-15-li.f THIS PAGE INTENTIONALLY LEFT BLANK 994 R9 -New Business and Commission Requests R9E The Committee Of The Whole Will Meet On January 15, 2014 In The City Manager's Office Large Conference Room To Discuss The 2014 City Commission Meeting Dates. (City Clerk's Office) Agenda Item R 'f E. Date t-IS-IY 995 THIS PAGE INTENTIONALLY LEFT BLANK 996 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov ISSION MEMORANDUM TO: Mayor Philip Levine and Members of FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: DISCUSSION AUTHORIZING TH CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT TO COMMENCE WITH PLANNING A SKATE PARK ON THE VACANT PROPERTY LOCATED ALONG COLLINS AVENUE WITH A NORTHERN BORDER OF 87TH STREET AND A SOUTHERN BORDER OF 86TH STREET IN PARTNERSHIP WITH THE TOWN OF SURFSIDE. ADMINISTRATION RECOMMENDATION Authorize the City of Miami Beach Parks and Recreation Department (City) to commence with planning a skate park on the vacant property located along Collins Ave with a northern boundary of 87th Street and a southern border of 86th Street. (Site) in partnership with the Town of Surfside (Town). Folio Numbers 02-3202-006-0490 02-3202-006-0480 02-3202-006-0470 02-3202-006-0440 KEY INTENDED OUTCOME Enhance the City's recreation services in the northern part of the City and increase satisfaction with recreational programs. BACKGROUND/ANALYSIS Discussions were heard by the Neighborhoods/Community Affairs Committee (NCAC) on September 30, 2013 and October 28, 2013 related to the interest in developing a skate park at a City property. Present at the September and October 2013 meetings were Commissioners Jerry Libbin, Ed Tobin and Jorge Exposito. During the October 28, 2013 NCAC meeting, the Surfside Mayor, Daniel Dietch, stated that the Town has been looking to create a joint venture or partnership with the City to develop a skate park. At the NCAC meeting the location discussed was at the corner of 871h Terrace and Harding Avenue. This parcel still remains an option but after further review by Miami Beach Staff a more versatile site along Collins Ave with a northern boundary of 8th Street and a southern border of 86 1h Street has been identified. The Site is very near the border between the City and Town and would complement the recommended recreational facility at the Log Cabin site to the south. Following this NCAC meeting, the City Administration had further conversations with the Town. The Town is enthusiastic about working with the City to prepare a conceptual plan for the development and operation of a skate park at the Site. The Town is committed to the project and has included Agenda Item R 9 F Date /-I~ -I (f 997 this project in its 5-Year Capital Plan. Preliminary discussions regarding the potential partnership agreement have included a significant buy-in from the Town which includes its Parks and Recreation Staff's assistance with monitoring the skate park and/or annual contribution representing a fair share contribution (% to be determined) for operation and maintenance costs a s well as police coverage of the area. As discussions progress, depending on how these and other issues are ultimately resolved, a funding formula would be developed to address construction, operations and maintenance of the park over a 5 or 10 year period with the costs assigned to each party on an agreed upon percentage basis. The City's Parks and Recreational Facilities Advisory Board (Board), at their December 4, 2013 meeting, discussed the community's need for a skate park. Although they are in full support of a skate park, the Board is not prepared to support the Site as they would like to discuss with the City Administration five alternate/best sites for a skate park within the City. This conversation is scheduled to take place at their January 8, 2014 meeting. BUDGET Funding is available in the amount of $400,000. Project# pfnskatepk CONCLUSION The Administration recommends that the Mayor and the City Commission authorize the Parks and Recreation Department to move forward with the planning of a skate park at the Site in partnership with the Town of Surfside. C:\Documents and Settings\cmgrmaes\Local Settings\ Temporary Internet Files\Content.Outlook\BMMHWA58\Skate Park -MEMO REDRAFT.docx 998 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, wwvv.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members DATE: January 15, 2014 SUBJECT: STATUS UPDATE ON INITIATI ES TO MITIGATE THE IMPACTS OF ALTON ROAD CONSTRUCTION PROJ CT At the December 11, 2013 City Commission Meeting, a discussion was held regarding the Alton Road Construction Project, and in particular, potential ways to mitigate the financial loss being experienced by the business owners on Alton Road due to construction. As a result of the discussion, the following actions were identified for staff to pursue on an immediate basis. • Assist Businesses in forming a business association • Create routine events involving restaurants • Add incentives to create programs and advertising for the various businesses • Consider an emergency authorization to get a trolley in service for a one-year period, to service West Avenue and Alton Road • Reach out to homeowner associations and businesses on trolley's routing area • Waive fees or license fees • Relax the requirements for signage • Research Mom and Pop grant programs offered by Commissioner Bruno Barreiro, including availability south of Fifth Street • Avoid fines or violations for signage when relating to parking availability Since the Commission meeting, staff has worked on these actions to achieve significant progress for presentation to the Commission. Below is the status of these initiatives as well as other opportunities identified by staff. Business Promotion As there is significant benefit to there being a single entity speaking as the voice for the businesses and property owners impacted by the Alton Road construction, the Economic Development Division is facilitating the creation of an Alton Road association. Several property and business owners whom have expressed an interest in such an organization were identified and met for the first time on Monday, December 30th. Those in attendance have agreed that an association makes sense for all and will work to create a legal entity and seek to create a diverse membership base of property and business owners. City staff has offered basic assistance to this group such as providing lists of business and property owners from the public record and information on creating an association. The City will continue to provide assistance as requested and appropriate during the creation of the organization. 999 Agenda Item Date Status Update on Initiatives to Mitigate the Impacts of Alton Road Construction Project January 15, 2014 It is hoped that working through a business and property owners group, the City will be able to have an open dialogue with those affected by construction to discuss assistance that can be provided by the City and other relevant issues. A dedicated group of business and property owners would also be a less cumbersome avenue for the City to provide assistance such as a waiver of special event permit fees for outdoor displays, a festival celebrating merchants at Flamingo Park, or similar group activities or marketing. The group can also be used as an avenue for the dissemination of information about these assistance programs as well as a sounding board in the formation of new programs and initiatives. Methods by which the City can assist area business are a key component to the overall Alton Road..West Avenue strategy. Staff is currently reviewing and seeking to finalize such programs. These programs include the creation of a list of methods to assist Alton Road..West Avenue businesses in group marketing. This will include a branding campaign indicating that Alton Road and West Avenue businesses are open with advertising in MB Magazine, the City website, other City controlled social media, banners on local light poles and other appropriate locations. The Office of Communications is already working on branding the Alton Road/West Avenue "Open for Business" campaign with several concepts that will be used in all promotional materials. Campaign materials may include street post signs, an oversized building banner, shuttle/trolley informational signage, vehicle wraps, online ads, etc. Additionally, a video PSA to run on MBTV, Atlantic Broadband and online. In the current edition of MB (winter 2014}, a half-page general advertisement is included to inform readers that businesses along Alton Road and West Avenue are still open for business, despite construction. The "Message from the City Manager" also references the need to support these businesses. A full-page advertisement will be featured in the spring 2014 edition. A webpage is being developed on the city's website that will include information on our efforts, parking and transportation, project information, and link to an external page- DiscoverMiamiBeach.com. Since advertising is not permitted on our website due to .gov restrictions, the Office of Tourism, Culture and Economic Development and the Office of Communications will work with the GMCVB to develop a Discover Alton Road webpage an the DiscoverMiamiBeach website that will include a listing of participating businesses and ads to promote them. In addition, messages on social media will be developed to drive the public to the events and webpage. Business Signage In addition to these efforts, the City Manager has authorized affected businesses to utilize Temporary Business Sign (as defined Sec. 138-132 of the City Code) to be erected through the entire term of construction rather than just for 30 days (as he is authorized to approve per Sec. 138-132(d) of the City Code). Staff will work to make this information known to the affected businesses through any association formed and through area visitation and other methods readily available to disseminate the information. Based upon the number of businesses and available space within the right of way for signage, the font size on any business wayfinding signage an West Avenue would be too small to be legible by the travelling public. And, if split into multiple signs, there would be even more signage on an already crowded street 1000 Status Update on Initiatives to Mitigate the Impacts of Alton Road Construction Project January 15, 2014 Emergency Circulator Service -Alton Road/West Avenue Per Section 31-113 (m} of the Miami-Dade County Code of Ordinances, operation of a fixed- route, fixed-schedule, public transit service by a municipality or a private operator contracted by a municipality requires an lnterlocal Agreement between Miami-Dade County and the municipality operating the circulator service and provides the County with a first right of refusal to provide the same transportation service. Under County Code Section 2-150(c), however, operation of transit services on an emergency basis may be approved administratively by the County Manager, or his or her designee, and shall not require a public hearing. Per the Code, however, the emergency service is allowed for a period up to one hundred eighty (180) days. While the emergency provisions pertain to Miami-Dade County transit service, Miami-Dade Transit officials have advised that the code requirement applies to municipalities as well. While City staff has received positive feedback from Miami-Dade County staff regarding the emergency nature of the proposed circulator service, the Administration is working on submitting a formal and urgent request to the Office of the County Mayor for an emergency authorization of a circulator service along Alton Road and West Avenue as further described below. Since the County Code only allows the Mayor to grant up to 180 days of emergency service, the City will work with the County on an interlocal agreement beyond that time frame. Further, separately on this agenda is a recommendation for a bid waiver with MV Transportation, Inc. to provide emergency transit service throughout the duration of the FDOT Alton Road Reconstruction project anticipated to be completed by July 2015. The bid waiver item provides additional information on the company, contract terms, pricing and funding sources. After evaluation of the route and based on surveys and discussions with business groups, the Administration is recommending that the City immediately engage a private operator to provide a circulator loop from 51h street northbound along Alton Road, to Lincoln Road west, and then back to 51h street southbound along West Avenue (see Attachment 1). With an approximate 20- minute round trip time (including stops located every other block and periodic lay-overs), the transit loop can be operated with a 10-minute headway using two (2) buses. The vehicles that are available for immediate use by the private operator are two (2) cutaway buses (see Attachment 2). The operator is also pursuing an option to lease trolleys for this service in lieu of cutaways, but the availability of these have not yet been confirmed. City staff is working with the Communications Department to brand the service with a unique logo which could be used to wrap the exterior of the buses. Additionally, as part of a provision in the proposed contract with MV Transportation for the emergency circulator services, the City will reserve the right to purchase these buses from the private operator at its sole discretion upon termination of the service. While businesses along the corridor operate anywhere from ?am to past midnight, discussions with residents and businesses have indicated that circulator service between Bam and midnight would be most beneficial for employees and patrons. As discussed further below, City staff is evaluating the potential for reduced parking fares at garages along the Alton-West Loop to encourage the use of parking garages as park-and-ride facilities. Beach/MacArthur Connector Buses It is important to note that there are four (4) major County bus routes operated by Miami-Dade Transit that travel across the MacArthur Causeway and provide a connection between 1001 Status Update on Initiatives to Mitigate the Impacts of Alton Road Construction Project January 15, 2014 Downtown Miami, the bus terminal located in Government Center in particular, and South Beach. The routes are C, M, S, and 120 (Beach Max). As depicted in Attachment 3, these routes extend well beyond Miami Beach city limits. In general, these County bus routes operate 7 days a week year-round. The most robust service is provided by Route S which operates 24 hours a day and provides 15-minute headways consistently throughout most of the day with no more than 30-minute headways during late night service. This route also operates along Alton Road in South Beach. Route 120 (Beach Max) offers a limited stop service from 5am to about 10pm with consistent 12-minute headways throughout most of the day. Route C operates 20 hours a day and provides 20-minute headways throughout most of the day and 30-minute headways during late night. Route M provides the most limiting service operating from 6am to 11 pm with 45-minute headways. While City staff initially considered engaging a private operator to provide frequent circulator service across the MacArthur Causeway to connect Downtown Miami to the Alton-West Circulator Loop, Miami-Dade County Transit officials highlighted the high level of bus service that currently exists in this corridor and expressed some serious concerns regarding potential service duplication. However, many non-regular users of transit service are unaware of this high level of service. Therefore, in addition to immediately launching the Alton-West Circulator loop, the Administration is recommending that staff work with Miami-Dade Transit to identify opportunities to brand and co-label the C, M, S, and 120 bus routes as "Beach/MacArthur Connectors". City Transportation staff is working with the Communications Department and Miami-Dade Transit Marketing Division to create a unique brand that could be used to advertise or wrap the exterior of the Beach Connector buses. The intent of co-labeling and branding the existing Miami-Dade Transit routes traveling across the MacArthur Causeway as Beach/MacArthur Connectors is to more effectively promote a service intended to help reduce the number of cars coming across the causeway, and thereby decrease the number of cars coming into South Beach and potentially traveling through the active construction zone along Alton Road and the detour along West Avenue. Maintaining Traffic Flow Delivery Vehicles blocking lanes of travel has been an area of particular concern. The Police Department will continue to monitor traffic flow and enforce the traffic laws for vehicles stopping and blocking the moving lanes of travel. In addition pedestrian laws will be enforced to insure safety to the large number of pedestrians that frequent this corridor. Parking The City's Parking Department has developed the following multi-pronged approach to enhance parking opportunities along Alton Road between 6th Street and 17th Street. In addition to the municipal parking inventory in the area, there are privately owned/operated garages and surface parking lots in the corridor. These private garages and surface lots may serve as viable public self-parking and/or support a temporary valet parking initiative for the area. This would require enabling legislation {that may sunset at the end of the construction project) to allow expanded valet parking storage requirements for valet parking stations along the corridor. 1. Self-Parking: The following parking garages have varying levels of under-utilization and may play a vital role in enhancing parking opportunities: • 51h & Alton Garage • The Shoppes of West Avenue Garage (between gth and 1oth Streets)* 1002 Status Update on Initiatives to Mitigate the Impacts of Alton Road Construction Project January 15, 2014 • 1111 Lincoln Road Garage* Each of these facilities has varying levels of under-utilization despite the loss of on-street parking in the corridor. The 51h & Alton Garage has between 300 and 400 parking spaces available; the Shoppes of West Avenue Garage has 100 parking spaces available; and the 1111 Lincoln Road Garage has 80 parking spaces available. In the case of the two privately operated garages* above, anecdotally, their underutilization may be primarily attributed to the following perceptions: (1) parking is only for patrons of the business on property; may lead to enforcement actions such as towing; and parking fees are high. Some of these perceptions have merit and others do not: • Fact: These facilities allow for hourly public parking, at least in one case, at an hourly rate of $1.00 per hour. • Fact: These facilities are not for the sole use of patrons of the businesses on property but are indeed available to the public at-large regardless of their destination. • Fact: There have been instances in the past where overtime or non-payment of parking fees has led to the towing of vehicles. In the case, of the Shoppes of West Avenue, their Property Manager has indicated that they have taken a more lenient approach in enforcement through towing. The 1111 Lincoln Road Garage has a gated revenue control system; therefore, towing is not an enforcement mechanism for payment. Pursuant to Section 138-132 of the Miami Beach Code, the following is permitted: (a) Business signs are signs identifying a particular activity, service, product or sale of limited duration. (b) There shall be a maximum of two permits for the same premises within one calendar year for signs requiring permits. Window signs as described in subsection 138- 4(6) shall have no maximum number. (c) The sign area for window signs shall not exceed ten percent of total window area. The sign area for non-window signs for a nonconforming business in a residential district is four square feet. The sign area for non-window signs for a business in a nonresidential district is 15 square feet. (d) Temporary business signs may be erected and maintained for a period not to exceed 30 days, except that the city manager may approve an extension of time for the business to erect and maintain such signs beyond the 30 days, after the manager finds that such extension is necessary to mitigate the impacts of public construction on visibility of, or access to, the business. Such extension beyond 30 days shall terminate concurrent with the termination of the public construction. (e) Temporary business signs shall be located only upon the lot in which the special use, activity, service, product or sale is to occur. The City Code authorizes the City Manager to extend business signs during construction periods as referenced above beyond 30 days. The expansion of signs on private property and City right-of-way identifying self-park, park & ride, and valet parking opportunities and their respective user fees is recommended. 2. Park and Ride (Trolley) Patrons of the Alton Road corridor may park and ride utilizing the 51h & Alton Garage and aforementioned trolley service. For patrons, a validation program providing the first four (4) hours of parking at no fee may be offered. The City has discussed this with Berkowitz/Eden, the 1003 Status Update on Initiatives to Mitigate the Impacts of Alton Road Construction Project January 15, 2014 City's joint venture partner at the 51h & Alton Garage, and we are awaiting their response. Currently, the first two (2) hours of parking at the garage is at no charge. At an hourly rate of $1.00 per hour, the additional two (2) hours of validated parking may have an estimated annual value of $92,621. With the approval of the Mayor and Commission, this may be subsidized wholly, or in part, by the City's Parking Enterprise Fund. A validation program for participating merchants would be implemented to ensure audit controls at the garage. Additionally, monthly parking is available, for employees to park and ride. 3. Valet Parking The Mirador Condominium Association {MCA) has offered up to 130 parking spaces in their garage to provide relief to the area. A self-parking option was not deemed viable; however, a collaborative effort between MCA and the City in the form of a valet parking service has great potential. MCA, via Southern Parking, Inc. (SPI), their valet parking service provider, would deliver valet parking service on 11 1h Street, immediately adjacent to Alton Road businesses. MCA would provide parking spaces in the garage and would be responsible for all operational expenses. SPI would be the valet parking service provider. The City's contribution would be to provide two (2) on-street parking spaces on 11th Street as the valet parking ramp (passenger loading area), at no charge. Valet parking rates are proposed to be $5.00 up to three (3) hours and $8.00 up to six (6) hours. MCA's offer is predicated on two requirements: (1) the program must be financially self-sufficient and any proceeds will be donated to the charity of the City's choice; and {2) an initial two {2) week test period to determine the financial feasibility of the program. The program must yield sufficient revenue to, at a minimum, offset all expenses. Implementation of this program would require a temporary amendment to the City Code temporarily (to sunset at the end of the construction project) that would permit certain types of required parking for valet parking storage. 4. Marketing and Promotions An aggressive marketing and promotional campaign that includes signs, banners, etc., on private property and City right-of-way promoting self-parking and valet parking opportunities at public and privately operated parking garages. 5. Deco Bike (Bike Sharing) The bike sharing program has been very successful since its inception. The program is specifically intended to promote, the bicycle, as an alternative form of mobility. Nowhere else is this need more evident than on Alton Road. To this end, Deco Bike and the City are surveying the corridor in order to temporarily add bike stations in order to reduce vehicular trips in the area. 6. Temporary On-Street Parking Reconfiguration The Parking and Public Works Departments are evaluating temporary reconfiguration of on- street parking throughout the corridor to evaluate any potential opportunities for increases in parking spaces. Elimination of Various Fees City staff is in the process of evaluating the impact of waiving various fees for businesses in the Alton Road/West Avenue Corridors, including annual Business Tax Receipts, Certificate of Use, 1004 Status Update on Initiatives to Mitigate the Impacts of Alton Road Construction Project January 15, 2014 and Fire Inspections fees which are typically due as of September 30 each year. Pedestrian Safety In response to recent concerns brought to FOOT and the City of Miami Beach, certain adjustments have been made to the Maintenance of Traffic (MOT) Plan to facilitate the flow of traffic and to address pedestrian safety. FOOT has temporarily reduced the speed limit along West Avenue to 25 MPH. The 30 MPH speed limit signs have been replaced with a 25 MPH sign at the following locations. Existing "SPEED LIMIT 30" signs SB: • One (1) Southbound "SPEED LIMIT 30" sign mounted on light pole between Lincoln Rd and 17th St. • One (1) Southbound "SPEED LIMIT 30" sign mounted on light pole at southwest quadrant of Lincoln Rd. • One (1) Southbound "SPEED LIMIT 30" sign just south of 16th Stat southwest quadrant. • One (1) Southbound "SPEED LIMIT 30" sign at southwest quadrant of 14th St on grass area/utility strip. • One (1) Southbound "SPEED LIMIT 30" sign between 11th Stand 1 01h St. • One (1) Southbound "SPEED LIMIT 30" just south of ath St on grass area/utility strip. TOTAL Southboundf\IVest Side: Six (6) signs Existing "SPEED LIMIT 30" signs NB: • One (1) Northbound "SPEED LIMIT 30" sign at northeast quadrant of ath St. • One (1) Northbound "SPEED LIMIT 30" sign at northeast quadrant of 11 1h St. • One (1) Northbound "SPEED LIMIT 30" sign at northeast quadrant of 14th St. • One (1) Northbound "SPEED LIMIT 30" sign mounted on light pole at northeast quadrant of 16th St. TOTAL Eastbound/East Side: Four (4) signs In addition, FOOT and the City have worked in conjunction to make sure that striping and signage improvements have been implemented throughout the West Ave detour in order to provide more clarity regarding the lane assignments and better identify pedestrian crossings. FOOT has committed to complete additional improvements including a tempera~ signalized intersection at West Ave and 14th Street as well as pedestrian flashers at 121h and 91 Streets. We will continue to work with FOOT to make sure that safe conveyance for all modes of transportation is provided during this challenging construction project. JMLIKGB T:\AGENDA\2014\January 16\Status Update on Initiatives to Mitigate Impacts of Alton Road Construction Impacts 1005 THIS PAGE INTENTIONALLY LEFT BLANK 1006 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Philip Levine and Member DATE: January "151 2014 SUBJECT: DISCUSSION REGARDIN SATISFACTION SURVEY SCHOOL BACKGROUND/ANALYSIS COMMISSION MEMORANDUM ADDITIONAL 2014 COMMUNITY UESTIONS FOR NAUTILUS MIDDLE On January 8, 2008, the City of Miami Beach entered into an Education Compact (the "Compact") with Miami-Dade County Public Schools (M-DCPS). Since the Compact implementation, the City of Miami Beach has collaborated with M-DCPS to Enhance Learning Opportunities for Youth in all Miami Beach public schools. Community survey results in 2012 reflect 91 percent of residents with children in public schools are very satisfied or satisfied compared to 53 percent and 51 percent very satisfied or satisfied in 2005 and 2007 respectively. Despite the overall improvement in perception by families with children in public school, community members continue to voice concerns about Nautilus Middle School. Per the Compact, the City may conduct parent satisfaction surveys with the assistance of M-DCPS, including findings on key drivers for satisfaction. In order to gain a better understanding of the concerns of our community regarding Nautilus Middle School, the City has contacted M-DCPS to assist with the administration of an online survey hosted by the City via our SNAP survey software. Additionally, the City has requested options from Kerr and Downs Research (KDR) regarding the addition of questions to the 2014 Community Survey (Residential), with the City working with M-DCPS to obtain all parental contact information for parents/guardians of current Nautilus Middle School students to allow the sampling to remain statistically valid. The overall length of the 2014 draft Residential Survey is 1 04 questions. The 2012 survey was 94 questions with an average administration time of 21 minutes. KDR has indicated that they can achieve high participation rates with a Residential Survey of approximately the same administration time as the 2012 surveys. Recommendations from KDR are provided below: • If Nautilus is a hot issue-add 100 interviews to the overall study, which would cost $6,950 if 5 questions were added; $10,700 if 10 questions were added • If Nautilus is a very hot issue -add 370 interviews to the overall study, which would cost $15,590 if 5 questions were added; $19,340 if 10 questions were added • If Nautilus is a curiosity-"steal" 50 interviews from Mid Beach & The Islands, which would cost $3,750 if 5 questions were added; $7,500 if 10 questions were added The Administration is working with M-DCPS to collaborate with the City to conduct an online survey to parents with children at Nautilus Middle School. Should M-DCPS not support this option, the City may consider one of the recommendations presented above by the survey consultant Kerr and Downs. The additional survey questions above would only be asked to the pre-identified oarents 1007 Agenda Item 13 CfH Date 1-1 '5"-1 q Discussion Regarding Additional 2014 Community Satisfaction Survey Questions for Nautilus Middle School January 16, 2014 Page 2 of2 of current Nautilus Middle School students, and per the consultant will not impact response rates to the Community Satisfaction Survey. If the Commission were to approve one of the recommendations from Kerr and Downs Research, there would be sufficient time to draft additional survey questions to be incorporated in the 2014 Resid~ ;~unity Satisfaction Survey prior to implementation. JLM/K~L~ T:\AGENDA\2014\January 1008 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Micky Steinberg, Commissioner DATE: January 7, 2014 SUBJECT: Agenda item for January 15, 2014 City Commission Meeting Jimmy, The City has been contemplating how to improve our convention center for well over a decade. During that time, it is my understanding that there has been at least one study to determine what is needed to enhance the MBCC. Kindly add to the Jan 15th, 2014 agenda a presentation by the administration of a summary of the study/studies. Also, please provide the commission with copies of the study/studies in advance of the meeting. Thank you! If you have any questions please do not hesitate to call our office. Best Regards, MIAMI BEACH Commissioner Micky Steinberg OFFICE OF MAYOR AND COMMISSION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7103/ Fax: 305-673-7096 f www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community_ 1009 Agenda Item 8 ~I Date r-rr~ fl{ THIS PAGE INTENTIONALLY LEFT BLANK 1010 R9 • New Business and Commission Requests R9J Follow Up Discussion Regarding The Noise For Le Trianon Condo. (Requested by Vice-Mayor Deede Weithorn) Agenda Item R 9 J Date I-/ 'S'-Ilf 1011 THIS PAGE INTENTIONALLY LEFT BLANK 1012 ---------·---··---------------- MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Michael Grieco, Commissioner ~ DATE: January 81h, 2014 SUBJECT: Agenda item for January 151h, 2014 City Commission Meeting Please place on the January 151h City Commission Meeting Agenda as a discussion regarding the Petition presented by the residents at 1446 Ocean Drive relating to the lack of enforcement of Ordinance 2011-3718, a copy which is attached. If you have any questions please do not hesitate to contact Danila Bonini at extension 6457. MG/db Enclosed please find Petition, Ordinance 2011-3718 ,and After Action for Ordinance. We are committed to providing excellent pvolic service and safety to all who five, work, and play in ovr vi/:Jran· ' 0 () ~ Agenda Item _::....:n~J.w:~...:L-- 1013 Date /-/~-1~ -----------··-Jo. -· . ' .. Honorable City Mayor Matti Bower and all·Comtnissioners: Dear Ladies and Gentlemen, During the past two decades our ciiy has grown greatly with no planning for the future. For example~ Ocean Drive was built when Miami Beach was a place to relax and to eqjoy the beautiful.beach. Now it is congested with excessive traffic with many drunk driv~. Whose pleasure is to disrupt the area. It bas been very sad to see how 1he previous adminisb:ation only cared about the developers and businesses, and as a result making our lives miserable. It is now the arduous task for our newly elected adtninist:ratoJ tD establish new rules and regulations to temedy these new problems. Additionally~ in order to restm and to preserve Miami Beach resort life~ to be . desirable to residents and tourist ~ constant monitoring on Ocean Drive is impe.rativc for enforcement of an laws to preserve the high value of Miami Beach, and to avoid decline in tourism. If changes are not made immedietely, those tourists that stay at expensive hotels, enjoy the fine dining, and come to eqjoy OUt beautiful beaches -and for business conferences, will continue to · leave this area and go to Broward due to the disruptive environment of South BeaCh. specfficaD.y Ocean Drive. However, you are still In time to solve our problems by establishing strong regulations. For example: l.Noisey delivery trucks must be allowed only during business hours from· 9amto6pm. . Parking enforeement should only permit them to pmk in commercial loading zones, unlike what they are doing now, which is parking in the middle of the street, in fton.t of resi~ts windows, and blocking traffic. This is occurring 24 l1cJurs a day and p8l'ldDg enforcement refuses to give them a traffic violation. · · 1014 < ' ' A solution to this lsaue would be that both the driver and the truck should be penailzed with a ticket 2.Rto.tal Scooter companies are being irresponsible and are renting to drunk drivers. This puts pedestrians in danger. Since 1he scooters are used for leisure activity 1hey should be limited tO the area between fJh and 12th street of Ocean D.rtve. · 3. The speed limit on Ocean Drive needs to be reduced and posted, therefore malciDg it safe for pedestrians to cross 1he street As of now there is no speed limit enf'orred or posted. · 4.0cean Drive zoning for entettaiument activities must be limited between £Jh and 12* street where the Joud bars are situated. 5, Permits given whWe residents ·]IYG must be carefully asseued to avoid·Ctlsturblng our sieeplng houi'a.; For example: noisy and loud street and building pressure cleaning must be a~lowecl only dur.lna buslne.ss ho.,ra from lam to &pm. . . 6. Hotels with open lobbies situated in the middle of ~dential bulldings must not be allowed tn operate as a l<nJllSe wJW.e serving liquor and playing loud music. For Example: Hotel De Solei! is located only 5 feet from our . . w:indows. The music Is loud and they serve unlimited liquor .. Once the crowd becomu drunk they atart laughing, arguing and shouting very loudly. This roabs it impossible to sleep during the night. The valet parking for Table Bight Restaurant at Hotel De sqleii is hn:pxoperly using the valet services. The valet attendants are ramping the;vthides in the middle of the stteet blocking traffic on both sicks of Ocean Drive. This 'becomes congested while the em are honking their homs at Bl(l.\®Is of the night In order to avoid this chaos, Table Eight Restaurant loainge located at Hotel De Soleil must operate their valet service on Collins Ave where this hotel has its own parking facility instead of on Ocean Drive. 1015 As a member of a small committee of residents of Miami Beach we have drafted this signed petition to submit respectfully to the members of the new administtation, you, 1hat we so proudly have elected for good government to take 1he Dtx:cssary steps for prompt and effecti¥e action to remediare the disruptions caused by the neglect ion of1hose departm.cnts in obarge of enforcing aor current regalations. We hereby beseeoh you to please hire an efficient city manager that would be capable to supervise all the deparlmentS making sure that all employees and staff are doing 1heir jobs aoourately and responsibly. For instance, it is imperative tbat code enforcement and paddng officers respond· to our calls and properly give tickets to those 'Who are constimtly.violatins and brealring the law on· a daily basis. Otherwise we are only loft with calling the police )' department which is not fair especially now that :their bu~ has been O!Jt ' . ------· _ .... '• Please keep in mind tb.at·our residential building bas been estabtished on Ocean drive for 50 years. It is also essential to consider this while allowing these new businesses to opctate. Business establishments that are located only steps from residential buildings must respect sleeping homs. We are in fact the ones that are paying mgb. real estate tues to live on ~Drive and WE are tbe ones who vote to haYe you in office NOT the drunk delinquents that are 1nmhing, disturbing, and destroying Ocean Drive due to the lack of enf~eilt of the regWations that are aheady to lenient favoring delinquency .. ORDINANCE NO. 2011-3718 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 106, ENTITLED •'TRAFFIC AND VEHICLES," BY AMENDING ARTICLE 11, ENTITLED 11 METERED PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 106-47, ENTITLED "FREIGHT, COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS, DELIVERIES" BY AMENDING COMMERCIAL DELIVERY REGULATIONS AND PROVIDING RELIEF TO RESIDENTIAL AREAS IN CLOSE PROXIMITY TO COMMERCIAL OPERATIONS WITH LATE HOUR DELIVERIES AND SIMILAR HABITUAL SOURCES OF NOISE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, residents of the North Ocean Drive area and other areas of the City have expressed concerns about businesses that have late night commercial deliveries and the negative impact that this causes to nearby residents; and WHEREAS, the Land Use and Development Committee met on May 27, 2010 and subsequently on July 26, 2010 and held extensive discussion on the item and directed the City Attorney's Office and the Administration to develop a municipal ordinance relating to commercial deliveries in areas where residents live in close proximity to commercial operations with late hour deliveries and similar habitual sources of noise; and WHEREAS, the Parking Department and Code Compliance Division would be charged with enforcing these proposed commercial delivery regulations when a property owner accepts any deliveries in violation of the posted commercial delivery regulations. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 1 06, "Traffic and Vehicles," Article II, "Metered Parking," Division 1, "Generally," Section 106-47, "Freight and passenger curb loading zones," of the Code of the City of Miami Beach, Florida, is hereby amended as follows: CHAPTER 106 TRAFFIC AND VEHICLES * * * ARTICLE II. METERED PARKING DIVISION I. GENERALLY * * * -------------------------1017------------------------- See.106-47. Freight commercial, and passenger curb loading zones; hours, deliveries . .{il. The city manager or his designee ana tho parkin€~ airoster are is hereby authorized to designate any street freight. commercial, and passenger curb loading zones as permissible automobile parking areas during such hours as such officials, in their discretion, may direct. (b) Freight. commercial, and passenger curb loading zone regulations. including as posted by sign. may be enforced, in addition to the procedures provided in this chapter. against property owners and/or businesses which accept services or deliveries from vehicles violating such regulations. (c) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) {2) {3) {4) First offense Second offense (within one year of the first offense} Third offenses (within one year of the first offense) Fourth or more offenses (within one year of the first offense) Warning $150.00 $300.00 $600.00 (d) Enforcement. The code enforcement department or parking department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section and all applicable laws. If a parking enforcement specialist or a code compliance officer finds a violation of this article, the parking enforcement specialist or the code compliance officer shall issue a notice of violation to the violator as provided in chapter 30 of this Code, as may be amended from time to time. The notice shall inform the violator of the nature of the violation. amount of fine for which the violator is liable. instructions and due date for paying the fine. notice that the violation may be appealed by requesting an administrative hearing within ten days after service of the notice of violation and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. (e) Rights of violators: payment of fine; right to appear: failure to pay civil fine or to appeal. (1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice of violation; or b. Request an administrative hearing before a special master to appeal the notice of violation within 10 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator after notice fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master, and be treated as an admission of the violation, and fines and penalties mav be assessed accordingly. {4} Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. 2 --------------------------1018------------------------- 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 ofthe 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 (10) days following adoption. PASSED AND ADOPTED this _9.tb_ day of Februar)2Q11. ATIEST: l~#Ac,~cWcr:ERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~AB I L~ L. ~ Underline denotes new language ~~~- MAYOR T:IAGENDA\201 1\January19\Regular\Commercial Deliveries Ordinance First Reading rev.ord.doc 3 ---------------------------1019------------------------~ ------------------------1020 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance establishing regulations and criteria for commercial loading in areas that are in close proximity to residential areas; providing for civil fines, appeal process, repealer, severability, and an effedive date. 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 liWe or much too little. Availability of parking was one of the changes residents identified to Make Miami Beach better to live, work or play. Issue: Whether to approve on first reading an ordinance establishing commercial loading regulations in areas that are in close roximi to resident uses? On January 19, 2011, the Mayor and City Commission approved the ordinance amendment on firs reading and further amended the ordinance on the floor to include a "written warning" issued for firs offenses. On September 15, 2010, the Mayor and Commission referred item R5l to the Land Use and Development Committee for further discussion. The referral was granted based upon a request from the Ocean Drive Association regarding concerns with various components of the proposed ordinance. Subsequently, the Administration met with representatives of the Ocean Drive Association and thei legal counsel to address their concerns regarding operational and enforcement issues. Please not that the proposed ordinance authorizes the City Manager or his designee to designate certain hours fo commercial loading and conversely prohibit commercial loading during certain hours. The prohibition commercial loading is intended to address nuisances that may take place adjacent residences. Th following operational and enforcement policies were agreed upon by both the Administration and th ODA to provide more equitable operational and enforcement provisions for both the entertainmen districts and residents. These are: signs prohibiting commercial loading shall be prominently displayed on the affected blocks providing commercial establishments with notification of the regulations; commercial loading shall be prohibited during the following hours: 11 :00 PM to 7:00AM; the civil fines first offense shall be a "Warning"; the Administration shall seek input from the Transportation and Parking Committee {TPC) regarding any amendments to aforementioned policies. FISCAL IMPACT· The Parking Department and Code Compliance Division are charged with th enforcement provision of this proposed City Code amendment. There is an estimated fiscal Impact o $12,679.38. This estimate is comprised of $7,204.82 by Code Compliance and $5,474.56 forth Parking Department. This estimate is based on a formula utilizing four (4) hours of Code Complian personnel and four (4) hours of Parking Enforcement personnel weekly (and then annualized) utilizing their mid-point salary range. This shall likely be partially offset by revenues generated from parkin citations; code violations; and special master hearings/assessments. rove on Second Readln and Final Public Hearin . The Land Use and Development Committee endorsed the proposed ordinance at its November 22, 2010 meeting and the Transportation and Parking Committee endorsed it at its December 13, 2010 meeting. Financial Information: Source of Amount Funds: OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances, Parking Director Department Director MIAMI BEACH Account t City Manager Approved J AGENDA ITEM --=R __ S'_C...,....· _ DATE -=.2. -.._:9~-.-.y./ f- ----------------------------1021------------------------ (9 MIAMI BEACH City of Miami leach, 1700 Con'!1Mltion Cenler Drive, Miami Beoch, FIOI'ida 33139, www.miomibeachR.IJOY COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Com ission FROM: Jorge M. Gonzalez, City Manager DATE: February 9, 2011 SECOND READING AND FINAL PUBUC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDAJ AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 106-47, ENTITLED "FREIGHT, COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS, DELIVERIES" BY AMENDING COMMERCIAL DELIVERY REGULATIONS AND PROVIDING RELIEF TO RESIDENTIAL AREAS IN CLOSE PROXIMITY TO COMMERCIAL OPERATIONS WITH LATE HOUR DELIVERIES AND SIMILAR HABITUAL SOURCES OF NOISE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and Commission approve the amendment of the ordinance at the second reading and final public hearing. FIRST READING AMENDMENTS -JANUARY 19, 2011 On January 19, 2011, the Mayor and City Commission approved the ordinance amendment on first reading and further amended the ordinance on the floor to include a "written wamingR issued for first offenses. The Mayor and City Commission unanimously approved the ordinance at first reading. BACKGROUND: On September 15, 2010, the Mayor and Commission referred item R5L to the Land Use and Development Committee for further discussion. The referral was granted based upon a request from the Ocean Drive Association regarding concerns with various components of the proposed ordinance. Subsequently, the Administration met with representatives of the Ocean Drive Association and their legal counsel to address their concerns regarding operational and enforcement Issues. Please note that the proposed ordinance authorizes the City Manager or his designee to designate certain hours for commercial loading and conversely prohibit commercial loading during certain hours. The prohibition of commercial loading is intended to address nuisances that may take place adjacent to residences. The following operational and enforcement policies were agreed upon by both the -,·.-'" .. _ ..... ....._. __________ 1022--------------------"- February 9, 2011 Commercial Deliveries Ordinance Second Reading and Final Public Hearing Page2of3 Administration and the ODA to provide more equitable operational and enforcement provisions for both the entertainment districts and residents. These are: • Signs prohibiting commercial loading shall be prominently displayed on the affected blocks providing commercial establishments with notification of the regulations. • Commercial loading shall be prohibited during the following hours: 11 :00 PM to 7:00 AM. • The civil fines first offense shall be a "Warning". • The Administration shall seek input from the Transportation and Parking Committee (TPC) regarding any amendments to aforementioned policies. The Land Use and Development Committee endorsed the ordinance at its November 22, 2010 meeting and the Transportation and Parking Committee endorsed it at their December 13, 2010 meeting. It should also be noted that the ODA was very cooperative and instrumental in alleviating some of the commercial loading nuisances which were occurring from one particular establishment on the 1400 block of Ocean Drive. The ODA was successful in having the corporate offices of this particular establishment alter their delivery route in effort to have this establishment receive commercial deliveries during normal business hours. PROPOSED COMMERCIAL LOADING MUNICIPAL ORDINANCE The City Attorney's Office and the Administration met and drafted the following proposed amendmentto the City Code, creating a new section restricting commercial deliveries in areas where residents live in close proximity to commercial operations with late hour deliveries and similar habitual sources of noise. This ordinance is directed at the business venues accepting deliveries outside of the specified hours. It should be noted that delivery vehicles and drivers will continue to be cited under the existing traffic regulations. Sec. 106-47. Freight, commercial and passenger curb loading zones; hours, deliveries. (a) The city manager or his designee is hereby authorized to designate any street freight, commercial and passenger curb loading zones during such hours as such officials, in their discretion, may direct. (b) Freight, commercial and passenger curb loading zone regulations, including as posted by sign, may be enforced, in addition to the procedures provided in this chapter, against property owners and/or businesses which accept services or deliveries from vehicles violating such regulations. (c) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) First offense................................................. Written Warning {2) Second offense (within one year of the first offense) $ 150.00 {3) Third offense (within one year of first offense) $ 300.00 (4) Fourth or more offenses {within one year of the first offense) $ 600.00 (d) Rights of violators; payment of fine: right to appear; failure to pay civil fine or to appeal. ~-------------------------1023----~-------------- ---------~ ~------~ February 9, 2011 Commercial Deliveries Ordinance Second Reading and Final Public Hearing Page 3 of3 ( 1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice of violation; or b. Request an administrative hearing before a special master to appeal the notice of violation within 10 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator after notice fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. 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. (4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (e) Enforcement. The code enforcement department or parking department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section and all applicable laws. If a parking enforcement specialist or a code compliance officer finds a violation of this article, the parking enforcement specialist or the code compliance officer shall issue a notice of violation to the violator as provided in chapter 30 of this Code, as may be amended from time to time. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within ten days after service of the notice of violation and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. FISCAL IMPACT The Parking Department and Code Compliance Division are charged with the enforcement provision of this proposed City Code amendment. There is an estimated fiscal impact of $12,679.38. This estimate is comprised of $7,204.82 by Code Compliance and $5,474.56 for the Parking Department. This estimate is based on a formula utilizing four (4} hours of Code Compliance personnel and four (4) hours of Parking Enforcement personnel weekly (and then annualized) utilizing their mid-point salary range. This shall likely be partially offset by revenues generated from parking citations; code violations; and special master hearings/assessments. CONCLUSION The City Attorney's Office and the Administration recommend that the Mayor and Commission approve the ordinance on second reading and final public hearing. JMG/JGGSF T:\AGENDA\2011\Feb09\ragular\CommerciaiDellveriesOrdinanceSecondReading.cme.doc ~--------------------------1024--------------------------- SUPPLEMENTAL MATERIAL 1: Petition SUPPLEMENTAL MATERIAL 2: Copies of Ordinance No. 2011-3718 R5C Discussion Regarding Ordinances/Amending the Code of the City of Miami Beach, by Amending Chapter 106 Entitled "Traffic and Vehicles". ACTION: On January 19, 2011, the Mayor and Commission referred item R5L to the Land Use and Development Committee for further discussion. The referral was granted based upon the request from the Ocean Drive Association regarding concerns with various components of the proposed ordinance. We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical. historic community. 1025 THIS PAGE INTENTIONALLY LEFT BLANK 1026 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members oft e City Commission FROM DATE: SUBJECT: LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Goshen Mortgage LLC vs. Benigno Marquez. et al.. Case No. 13-10874 CA 24 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 5445 Collins Avenue, Unit 408, Miami Beach, Florida. The Summons and Verified Amended Complaint were served on the City on December 2, 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 December 4, 2013. 2. JPMorgan Chase Bank. N.A. vs. Mary Sbert Davis. et al.. Case No. 13-35953 CA 20 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 3780 Royal Palm Avenue, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on December 2, 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 December 4, 2013. 3. JPMorgan Chase Bank. N.A. 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 Complaint were served on the City on December 2, 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 December 4, 2013. 1028 Agenda Item R I 0 A Date (-I r:-tlf City Attorney's Report January 15, 2014 Page2 4. Solare Investments. Inc. vs. William D. Sergautis, et al., Case No. 13-33392 CA 02 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 6969 Collins Avenue, Unit 1103, Miami Beach, Florida. The Summons and Complaint were served on the City on December 5, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on December 11, 2013. 5. Lisa Zaitz v. Miami Beach Police (re: Sgt. Bennett and Ortega} Case No. 13- 35753 CA13 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) Lisa Zaitz is a pro-se litigant that filed a "Notice of Claim" with the Circuit Court that alleges to set forth a legal action for monetary damages in excess of $100,000. The civil action names the "Miami Beach Police Department (re: Sergeant Bennett and Ortega)" as the defendant(s) in this matter, based upon their failure to pursue criminal charges against some unknown individual. The "Notice of Claim" attempts to create an actionable claim from the inherent police powers of the City of Miami Beach surrounding the investigation of criminal matters that were never pursued. The determination not to pursue criminal charges is a discretionary function of the City of Miami Beach government, and a Court is prohibited from interfering with these discretionary determinations. The City of Miami Beach has filed a Motion to Dismiss the Notice of Claim for failure to plead the performance and occurrence of conditions precedent and for failure to state a cause of action pursuant to the waiver of sovereign immunity. The Motion to Dismiss is scheduled for January 29, 2014. 6. Frank Rodriguez v. City of Miami Beach Case No. 13-CV-24478-Aitonga /Simonton in the United States District Court Plaintiff filed suit in federal court alleging that he was subjected to discrimination based upon his alleged disability and retaliation in violation of the Americans with Disabilities Act and that he suffered retaliation for making worker's compensation claims in violation of Florida's Worker's Compensation statutes. The City Attorney's Office is vigorously defending this lawsuit. 7. Deutsche Bank National Trust Company vs. Jose Antonio Rodriguez. et al.. Case No. 13-37806 CA 42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 510 NW 86 Terrace, Unit 203, Bldg. 12. Miami, Florida. The Summons and Complaint were served on the City on December 17, 2013. 1029 City Attorney's Report January 15, 2014 Page3 The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on December 19, 2013. 8. Jean Cothel Pognon. as Co-Personal Representative of the Estate of Marvin Pognon v. the City of Miami Beach Case No. 13-035037 CA01 (Circuit Court- 11th Judicial Circuit, in and for Miami-Dade County, Florida) This is a public records lawsuit initiated by the Estate of Marvin Pognon pursuant to Chapter 119 and Section 406.136 of the Florida statutes. The lawsuit seeks those public records surrounding a police involved shooting of Marvin Pognon, which took place on New Year's Eve of 2011. The Plaintiff has alleged that the Miami Beach Police Department has failed to disclose public records pursuant to the Florida Public Records Act. Plaintiff's Complaint seeks the issuance of a judgment against the City of Miami Beach for the production of those documents that have been classified as active criminal investigative records pursuant to Section 119.071 (2) of the Florida Statutes. The City of Miami Beach shall be filing a Declaratory Judgment counterclaim against the Estate of Marvin Pognon, and will seek an Order of the Circuit Court interpreting the statutory provisions set forth in Section 406.136, which permit a specific class of person to view certain public records, despite the active criminal investigation exemption that is applicable for this lawsuit. The City Attorney's Office shall vigorously defend the lawsuit, and shall articulate the legal justification for prohibiting the release of those active criminal investigation documents. 9. Reverse Mortgage Solutions, Inc. vs. The unknown heirs. etc. of Marie Isabel Roush. et al., Case No. 13-36042 CA 42 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 336 E. 38 Street, Hialeah, Florida. The Summons and Verified Complaint were served on the City on December 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 will be timely filed. 1 0. B & Z Asset Management Corp., etc. vs. Boris Cvitanovic, et al., Case No. 13- 37363 CA 10 (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 316, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on December 26, 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 will be timely filed. 1030 City Attorney's Reporl January 15, 2014 Page4 11.Mlchelle Joiner v. City of Miami Beach, Case# 13-38380 CA 01(Circuit Court- 11 1h Judicial Circuit in and for Miami Dade County). The City was served with this complaint on December 27, 2013 alleging that on December 1, 2011, the plaintiff, Michelle Joiner, was walking on the sidewalk in front of 4174 Alton Road, Miami Beach, Florida when she stepped on the cover of the water meter/water main cover which gave way causing her to fall into the hole that cover disguised. As a result of stepping into the hole, the Plaintiff suffered injury to her leg and knee. We shall file our answer to the complaint and propound discovery. 12. Kertch J. Conze. as Co-Personal Representative of the Estate of Marvin Pognon. Deceased. v. The City of Miami Beach Case No. 13-039534-CA-01 in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida Co-representatives of the Estate of Marvin Pognon filed separate but identical lawsuits alleging that Mr. Pognon was shot and killed by a Miami Beach Police Department ("MBPD") Officer on December 30, 2011. The suits allege that excessive force was employed on Mr. Pognon and that the MBPD has a widespread pattern of allowing similarly excessive force. The City Attorney's Office is vigorously defending this lawsuit. JS/AB/EB/RRISR/Ir F:\ATTO\AAOFF\AAOFF\FILE.#S\2014\Status report CAO 011514.docx 1031 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, January 15, 2014, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. Agenda Item f? l DB Date l-1 S-1<£ 1032 THIS PAGE INTENTIONALLY LEFT BLANK 1033 z "T1 0 -I m s en 1. Reports and Informational Items (see LTC 013-2014) 1035 Agenda Item----'/'----:-:-:-- Date /-IS-If( THIS PAGE INTENTIONALLY LEFT BLANK 1036 MIAMI BEACH OFFICE OF THE CITY MANAGER NO. lTC # 0"-).0/l( LEITER TO COMMISSION To: Mayor Philip Levine and Members From: Jimmy L. Morales, City Manager t'f---~~..-;c.-.., Date: January 3, 2014 Subject: List of Projects Covered by the C ne of Silence Ordinance In an effort to disseminate information t elected officials and City staff relative to projects that are covered by the requirements of the City's Cone of Silence Ordinance, following please find a list of all current solicitations (i.e., Invitation for Bids ("Bids"), Request for Proposals (RFPs), and Request for Qualifications (RFQs), that to date are covered by said ordinance. Please note that the Cone of Silence is in effect from the date the solicitation is advertised as indicated below, through date of award by City Commission. Date Advertised Document Number and Issued 2012-014-RFP-ME 1/17/2012 2013-069-ITB-MF 8/27/2013 2013-171-ITB-TC 5/23/2013 2013-178-RFQ-SR 11/22/2013 2013-228-RFP-ME 10/18/2013 2013-269-ITB-ME 6/7/2013 2013-317-RFP-ME 8/19/2013 2013-373-ITB-MF 9/20/2013 20 13-390-ITB-LR 11/1/2013 2013-454-RFQ-SR 12/13/2013 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 1 th Street And Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson Avenue And Meridian Avenue Elevator Maintenance Playground Fence at South Pointe Park Solid Waste Franchise Contractors to Provide Commercial Waste Collections and Disposal Services Emergency Shelter Bed to Serve Homeless Population Janitorial Services Management and Operations of the Street Markets Purchase of Polymer Meter Boxes and Covers Pharmaceuticals and Medical Supplies Construction Manager At Risk Services For The Construction of Collins Park Place 1037 Department City Manager's Office PW-Property Management Parks and Recreation Public Works- Sanitation Office of Community Services PW-Property Management Tourism Culture Development Public Works Fire Department CIP/Public Works Agenda Item --~:-::---=r Date 1-1~-19' Page 12 20 14-001-RFP-MF 1 0/31/2013 Electronic C Clerk 2014-002-ITB-MF 10/11/2013 Armored Car Services 2014-029-ITB-LR 12/13/2013 Automatic Transmission Rebuild Services Fleet Division 2014-029-RFQ-SR 2014-056-RFP-MF 2014-057 -ITB-MF 2014-051-RFQ-SR 2014-066-ITB-SW 2014-069-ITB-SW 2014-079-ITB-SW 2014-080-ITB-SW 2014-083-ITB-LR 2014-086-ITB-SR 2014-087-RF -SR 2014-091-RFQ-MF Estimated Issuance Infrastructure Condition Assessment and 1/17/2014 Master Plan of the Lincoln Road Mall Insurance Broker of Record for Property 12/12/2013 and Liabil Insurance 12/16/2013 Purchase of Bulk Concrete Mix Estimated Issuance Sunset Island 3 and 4 Right -of-Way 1/6/2014 Infrastructure lm ments HVAC Equipment, Installation, Parts and 12/6/2013 Services 12/20/2013 Li ht Poles Fixtures and Bases 12/20/2013 Plumbi Services Estimated Issuance 1/17/2014 12/18/2013 Estimated Issuance Lease/Rental of Vehicles for the Police De ment 1/17/2014 Cin,..,,,,., Demolition Services Estimated Issuance 1/17/2014 Investment Advis Services Human Resource- Risk Public Works CIP Public Works Police Public Works Buildi Finance 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: j;/jxecutive Staff and Management Team JLM:.'JB:A~ F:\PURC\$ALL\MONTHL Y REPORTS\CONE LTC\13-14\January 2014 Cone LTC.docx 1038 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: REPORT FROM COMMISSION OMMITTEES OF WITHDRAWN ITEMS NOT HEARD WITHIN (6) SIX MONTHS ROM 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 There are no items to be automatically withdrawn at this time. Flooding Mitigation Committee There are no items to be automatically withdrawn at this time. Land Use & Development Committee There are no items to be automatically withdrawn at this time. Neighborhood/Community Affairs Committee There are no items to be automatically withdrawn at this time. JMUREG @ T:'AGENDA\2014\January\Committee Items Removed after 6 months.docx Agenda Item 3 1039 Date ~~--;=or=-_--../..,.....,y THIS PAGE INTENTIONALLY LEFT BLANK 1040 ::0 c )> Commission Agenda, January 15, 2014 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive January 15, 2014 Chairperson of the Board Philip Levine Member of the Board Michael Grieco Member of the Board Joy Malakoff Member of the Board Micky Steinberg 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), Setting The Dates For The Year 2014 Redevelopment Agency Meetings. Joint City Commission & Redevelopment Agency (City Clerk's Office) 19 1042 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and are generally held on the same day the Miami Beach City Commission holds their regularly scheduled meetings. The Redevelopment Agency meetings commence at 10:00 a.m. l. Jimmy L. Morales has been designated as the Agency's Executive Director. Rafael E. Granado has been designated as the Agency's Secretary. 2. Person requesting placement of on item on the agenda must provide a written statement to the Agency Executive Director, 4th Floor, City Hall, 1700 Convention Center Drive, telephone 305.673.7285, outlining the subject matter of the proposed presentation. ln order to determine whether or not the request can be handled administratively, an appointment will be set up to discuss the matter with a member of the Executive Director's staff. Procedurally, "Request for Agenda Consideration" will not be placed upon the Agency agenda until after Administrative staff review. Such review will ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their presentation and will be limited to those subjects included in their written request. Such written requests must be received in the Executive Director's office no 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 Secretory's Office, 1st floor, City Hall, 1700 Convention Center Drive, telephone 305.673.7411, 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. 4. The Agency agenda is available via the City's website, (1Y_ww.rniamibeachfl.gov) on the Thursday prior to the Agency meeting or rnoy be reviewed at the Agency's Secretary Office (City Clerk's Office) on the Thursday prior to the Agency's regular meeting. 5. All persons who have been listed by the Agency Secretory to speak on the agenda item in which they are specifically interested will be allowed up to three (3) minutes to present their views. Rafael E. Granado Agency Secretary F:\CLER\CLER\CITYCLER\RDA Agenda .V4.doc 1043 REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A resolution setting the dates for the year 2014 Redevelopment Agency (RDA) meetings. Key Intended Outcome Supported: Supports multiple KIO's. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The Mayor and City Commission also sit as the Redevelopment Agency Board, and schedule the Redevelopment Agency meetings to coincide with the City Commission meetings. Pursuant to the Miami Beach Redevelopment Agency By-Laws, the Redevelopment Agency (RDA) shall meet at such times as prescribed by resolution. At the December 11, 2013 Commission meeting, the City Commission adopted the January 2014 RDA meeting dates, and requested for the Administration to schedule a Committee of the Whole Meeting for the January 15, 2014 Commission meeting to discuss the scheduling of the remainder of the RDA Meeting dates for 2014. The Administration recommends that when preparing the RDA meeting calendar, the City Commission take into consideration the following events: U.S. Conference of Mayors; Miami-Dade County Days; Art Basel; ICMA Conference; August recess; September to set the tentative/final millage and budget approval; November for election/runoff election meetings (if it is an election year); and Federal & Religious Holidays. (Note: The Miami Beach Annual Boat Show is scheduled for February 13-17, with move-in scheduled to start on February 7-12 and move-out scheduled on February 18-22, which creates significant parking and traffic challenges for the City Hall area.) The Administration suggests that when scheduling the 2014 RDA dales, the City Commission accomplish three goals: 1) schedule one RDA meeting and one alternate meeting a month, if possible; 2) schedule RDA meetings on Wednesdays; and 3) not schedule RDA meetings during the month of August, while the RDA is in recess. The Administration recommends a_Qproving the resolution. Advisory Board Recommendation: ( N/A Financial Information: Source of Amount Account Funds: I I 1 2 OBPJ Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Si n-Offs: Department Director Assistant City Manager T:\AGENDAI 13\December 11\2014 City Commission Dates\2014-RDA.dates-SUM reg doc MIAMI BEACH 1044 Approved AGENDA ITEM-.--' A~-:-- DATE }-/5-/~ C9 MlAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov REDEVELOPMENT AGENCY MEMORANDUM TO: FROM: DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE CHAIRPERS N AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), SETTING THE DATES FOR THE YEAR 2014 REDEVELOPMENT AGENCY MEETINGS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Mayor and City Commission also sit as the Redevelopment Agency Board, and schedule the Redevelopment Agency meetings to coincide with the City Commission meetings. Pursuant to the Miami Beach Redevelopment Agency By-Laws, the Redevelopment Agency (RDA) shall meet at such times as prescribed by resolution. At the December 11, 2013 Commission meeting, the City Commission adopted the January 2014 RDA meeting dates, and requested for the Administration to schedule a Committee of the Whole Meeting for the January 15, 2014 Commission meeting to discuss the scheduling of the remainder of the RDA Meeting dates for 2014. The Administration recommends that when preparing the RDA meeting calendar, the City Commission take into consideration the following events: U.S. Conference of Mayors; Miami- Dade County Days; Art Basel; ICMA Conference; August recess; September to set the tentative/final millage and budget approval; November for election/runoff election meetings (if it is an election year); and Federal & Religious Holidays. (Note: The Miami Beach Annual Boat Show is scheduled for February 13-17, with move-in scheduled to start on February 7-12 and move-out scheduled on February 18-22, which creates significant parking and traffic challenges for the City Hall area.) The Administration suggests that when scheduling the 2014 RDA dates, the City Commission accomplish three goals: 1) schedule one RDA meeting and one alternate meeting a month, if possible; 2) schedule RDA meetings on Wednesdays; and 3) not schedule RDA meetings during the month of August, while the RDA is in recess. In order to assist with the discussion to set the 2014 RDA Meeting dates, attached please find: Attachment "A": Attachment "8": Attachment "C": list of legal and religious holidays. list of Jewish holidays. list indicating dates that Commissioners have notified us that they are not available. 1045 In order to make the City Commission/RDA Meetings more efficient and prevent residents from spending multiple hours waiting for a time certain item to be heard, Mayor Philip Levine has proposed that all Presentations and Awards be heard at a separate meeting. By placing the Presentations and Awards on the Alternate meeting date, the regular City Commission/RDA meetings will start business on time, which will increase the likelihood that time certain agenda items are taken up at the time listed, or closely thereafter. Additionally, having a designated Presentations and Awards Commission Meeting will allow the City Commission an opportunity to properly acknowledge and show gratitude to those individuals or groups who have taken an active role in serving our community. If needed, the Presentations and Awards Commission Meeting may be utilized as a continuance for items not reached during the previous Commission Meeting. CONCLUSION The Administration recommends that the Chairperson and Members of the Miami Beach Redevelopment Agency approve the proposed RDA meeting dates and Alternate Meeting dates for the remainder of 2014. JLM/REG/Ic T:\AGENDA\2014\January\2014 City Commission Dates\2014-Commission.dates-MEMO lc.doc 1046 Attachment "A" CITY OF MIAMI BEACH LEGAL AND RELIGIOUS HOLIDAYS 2014 New Year's Day Dr. Martin Luther King, Jr. Day President's Day Easter Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Wednesday, January 1, 2014 Monday, January 20, 2014 Monday, February 17, 2014 Sunday,April20,2014 Monday, May 26, 2014 Friday, July 4, 2014 Monday, September 1, 2014 Tuesday, November 11, 2014 Thursday, November 27, 2014 Friday, November 28, 2014 Thursday, December 25, 2014 1047 Tu B'Shevat Ta'anit Esther Purim Shushan Purim Passover Second Passover Lag B'Omer Shavuot Fast of the 17th of Tammuz Fast of Tish'a B'Av The 151h of Av Rosh Hashanah Fast of Gedaliah Yom Kippur Sukkot Hashanah Rabbah Shemini Atzeret & Simchat Torah Chanukah Attachment "B" JEWISH HOLIDAYS 2014 January 16 March 13 March 15-16 (work should be avoided) March 17 April14-22 (work permitted only on Apri/17-18 & April 20) May14 May 18 June 3-5 (no work permitted) July 15 August 4-5 August 11 September 24-26 (no work permitted) September 28 October 3-4 (no work permitted) October 8-15 {work permitted only October 12-15) October 15 October 15-17 (no work permitted) December 16-24 1048 Attachment "C" Unavailable dates on Commission Calendars -"~--Tobin Malakoff Steinberg Grieco Wolfson Weithorn Levine* Jan. 6-10 Feb. 3-7 Mar. 10-21 Apr. 7-18 May 5-16 Jun. 9-20 Jul. 8-19 Jul. 10-22 Oct. 13-20 * Mayor Levine has no known conflicts at this t1me. Note: We are still pending responses from the following Commissioners: Micky Steinberg, Michael Grieco, Jonah Wolfson and Deede Weithorn. 1049 RESOLUTION TO BE SUBMITTED 1050 THIS PAGE INTENTIONALLY LEFT BLANK 1051