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20120214 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive February 12, 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-8:30 a.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 RS Ordinances Consent Agenda R? 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 live, work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, February 12, 2014 Presentations and Awards Presentations and Awards Meeting will take place on the February 26, 2014. CONSENT AGENDA Action: Moved: Seconded: Vote: C2 -Competitive Bid Reports C2A Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 269-2013ME, For Janitorial Services, Citywide. (City Manager's Office/Procurement) C2B Request For Approval To Issue A Request For Qualifications (RFQ) 2014-128-MF For Governmental Consulting Services. (City Manager's Office/Procurement) C2C Request For Approval To Issue An Invitation To Negotiate (ITN) For An Online City Merchandise Store. (Tourism, Culture & Economic DevelopmenUProcurement) C2D Request For Approval To Issue A Request For Qualifications (RFQ) No. 2014-116-SR For Traffic Engineering Consulting Services. (Pian n i ng/Procu rement) C2E Request Approval To Exercise Term Renewal Options On Contracts For Routine Operational Requirements. (Procurement) C2F Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 2013-069 For The Citywide Maintenance Of Elevators. (Public Works/Parking/Procurement) C2G Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2014-079 For Plumbing Services. (Public Works/Procurement) 2 2 Commission Agenda, February 12, 2014 C2 -Competitive Bid Reports (Continued) C2H Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) 2014-080 For Electrical Services. (Public Works/Procurement) C21 Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 2014-057 For The Purchase Of Bulk Concrete Mix. (Public Works/Procurement) C2J Request For Approval To Issue A Request For Qualifications (RFQ) For A Design Criteria Professional (DCP) To Prepare The Design Criteria Package For The Miami Beach Convention Center Renovation Project, Which Is Intended To Be A Design-Build Contract. (City Manager's Office/Procurement) C4 -Commission Committee Assignments C4A Referral To The Planning Board -An Ordinance Amending Section 142-1132 Of The City Code, Pertaining To Accessory Buildings In Single Family Districts. (Sponsored by Commissioner Joy Malakoff) C4B Referral To The February 19, 2014 Land Use And Development Committee -Discussion Regarding: 1) Amendment To City Code Section 2-459, To Provide For Limited Exception Permitting "Associates" Of City Agency Members To Lobby As Architects/Design Professionals Before A City Land Use Board; And Related Process For Amending Code Section 2-459; And 2) Streamlining City's Design Application Process By Amendment Of City's Laws To Permit Variance Requests Arising Out Of Projects Before Design Review Board And/Or Historic Preservation Board Be Heard By Those Boards, Rather Than Necessitating Applicant To File A Separate Variance Application To Board Of Adjustment; And Related Process For Laws' Amendments. (Requested by Commissioner Joy Malakoff) C4C Referral To Neighborhood/Community Affairs Committee -Discussion Of Placing A Plaque At Flamingo Park Tennis Center In Memory Of Jerry Moss, The First National Tennis Champion From Miami Beach. (Requested by Commissioner Joy Malakoff) C4D Referral To The Planning Board - A Discussion Regarding Incorporating The Stormwater Management Master Plan Into The Land Development Regulations. {Public Works) 3 3 Commission Agenda, February 12, 2014 C4 ·Commission Committee Assignments (Continued) C4E Referral To Planning Board And Land Use & Development Committee -Changing The Level In Which A Commercial Building Is Built From Grade To Base Flood Elevation. (Requested by Commissioner Joy Malakoff) C4F Referral To The Neighborhood/Community Affairs Committee -An Ordinance Amending Chapter 18 Of The City Code, Entitled "Businesses," To Provide Regulations And Standards For Nude Dance Establishments. (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: City Attorney's Office) C4G Referral To The Land Use And Development Committee -Discussion On The Proposed Terminal Island Residential Project. (City Manager's Office) C6 ·Commission Committee Reports C6A Report Of The Land Use And Development Committee Meeting On January 22, 2014: 1) Discussion Of The City's Draft Tree Ordinance Prepared By The Parks And Recreation Department's Green Space Management Division. 2) Parking District No. 5 -Sunset Harbour. 3) Discussion Regarding The Code Section Governing Unities Of Title And Covenants In Lieu Of Unity Of Title. 4) a) Boat Docks And Marine Structures Ordinance. b) Discussion Regarding Decks, Docks & Seawall Over City Land, And The Need To Issue A Revocable Permit. 5) Discussion Regarding Incorporating The Stormwater Management Master Plan Into The Land Development Regulations. 6) Discussion Regarding Proposed Amendment To Chapter 6, Alcoholic Beverages, To Correct Scrivener's Errors Regarding On-Premises And Off-Premises Consumption. 7) Discussion For Consideration Of Establishing Acceptable Accessory Uses Permitting Restaurants In Contributing Historic Structures Within The RM-2 Cultural Arts Neighborhood Overlay District. 8} Discussion Regarding A Comprehensive Ordinance Amendment, Modifying The Single Family Development Regulations To Address The Issue Of 'Oversized' Homes. 4 4 Commission Agenda, February 12, 2014 C6 -Commission Committee Reports (Continued) C6B Report Of The Finance And Citywide Projects Committee Meeting On January 30, 2014: Emergency Item: 1) Discussion Regarding World Out Games Miami Beach 2017 Update. I. Agenda Items That Were Previously Referred By Commissioners Who Are No Longer With The City Commission: 1) Status Update On Business Tax Process Improvement. 2) Discussion Regarding: Business Tax Receipt Renewal Notices; How We Handle Over Charges; Reasons For Miscalculations; And Corrective Action Plan. 3) Discussion Regarding Small Cells On Existing Poles. 4) Discussion Regarding Red Light Cameras In Miami Beach In Light Of A New State Law That Goes Into Effect On July 1, 2013. 5) Discussion Regarding Enhancements To Our Parking System To Offer Resident's Better Rate As It Pertains To Scooters And Motorcycles, And Set Up Special Spaces To Encourage The Use Of Scooters And Motorcycles To Further Reduce Traffic. 6) Discussion To Add The Additional Pending Block Party Fees To The Already Approved Commission Waiver Fee For Miami Beach Gay Pride 2013 That Was Approved In March 2013. 7) Discussion To Support Miami-Dade County Public Schools Spanish Foreign Language Initiative In Which All Miami Beach Feeder Schools Offer Spanish Foreign Language Tracks To Enable All Interested Miami Beach Students To Take Spanish For High School Credit In All Miami Beach Middle Schools And High Schools (Nautilus Middle, Feinberg Fisher K8, And Ruth K. Broad Bay Harbor KS). 8) Ordinance No. 2013-3826 Adopted And Referred To The Finance And Citywide Projects Committee To Discuss The 60 Employees That Are Capped Out. 9) Discussion Regarding The Liability Of Police Officers As It Pertains To Off Duty Work. 10) Discussion To Enhance Police Patrol In Miami Beach Schools, Which In Turn Secures The Safety Of All Students, Parents And Staff. 11) Discussion That Looks Into What Occurs With Our MBPD Retired Police Dogs And To Discuss Possible Allocation Of Funding For Their Medical Needs. II. Discussion Of Old Business Items To Determine If They Should Remain On The Pending Items List: 1) Discussion Regarding Exploring The Impacts From The Reduction Of On-Street Parking Spaces On Alton Road Between 6th Street And Michigan Avenue Caused By The FOOT Project. 2) Discussion Regarding Proposed Comprehensive Records Management Plan. 3) Discussion Regarding Proposed City Wide Survey Of Single Family Home Districts In Order To Determine The Number Of Architecturally Significant Homes In The City. 4) Discussion Regarding A Possible Partnership Between The City Of Miami Beach And The Bicycle Action Committee (BAC) In An Effort To Promote Safety For Bicyclists. Ill. Old Business: 1) Discussion Regarding Upgrade To Municipal Parking Garage Gated Revenue Control System. IV. New Business: 2} Discussion On The Review And Recommendations For Improving The City's Procurement Code Completed By The National Institute For Public Procurement (NIGP). 3) Discussion Regarding TECO/Peoples Gas System, Inc. Franchise Agreement. C6C Report Of The Neighborhood/Community Affairs Committee Meeting On January, 30, 2014: 1) Discussion Of Old Business Items To Determine If They Should Remain On The Pending Items List. 2) Discussion Regarding The Continuation Of The Adopt-A-Beach Pilot Program. 3) Discussion Regarding A Resolution Approving An Amendment To The Flamingo Neighborhood Basis Of Design Report For 10-Foot Travel Lanes On Local Avenues And Streets As Well As Four ( 4) Feet Of Green Space And A 10-Foot Wide Path/Cycle Track Sidewalk Shared On Each Side In Lieu Of Bike Lane For 16th Street. 4) Discussion Of Safety And Water Sports In Residential Areas. 5) Discussion Regarding The Andree Juliette Brun Bust And Chuck Hall Bust Formerly On Display At The Jackie Gleason Theater. 6) Discussion Regarding 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 Committee's" 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 Boards, And Committees; Providing For Repealer, Severability, Codification, And An Effective Date. 7) Discussion Regarding The Establishment Of The City's Ticket Policy. 5 5 Commission Agenda, February 12, 2014 C7 -Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant Applications To: 1) The Florida Department Of Agriculture And Consumer Services, Urban And Community Forestry Program, In The Approximate Amount Of $10,000 For The Tree Inventory; 2) State Of Florida, Department Of Environmental Protection, Land And Water Conservation Fund (LWCF) For Funding In The Approximate Amount Of $200,000 For Park Improvements; 3) Florida Junior Golf Council, For Funding In The Approximate Amount Of $5,000 For The Normandy Shores Youth Golf Program; 4) State Of Florida, Department Of Health, For Funding In The Approximate Amount Of $40,000 For Equipment Related To Pre-Hospital Emergency Services; 5) Florida Office Of The Attorney General, Victims Of Crime Act (VOCA) Funding, In The Approximate Amount Of $100,000 For The City's Victims' Advocate Program; And, 6) Approval To Submit A Request To The State Legislature For Water Projects Funding In The Approximate Amount Of $500,000; Appropriating The Above Grants, Funding Requests, 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 And Funding Requests. (Budget & Performance Improvement) C7B A Resolution Authorizing The Manager To Amend Contracts Awarded Pursuant To ITB 25-10/11 For The Purchase And Delivery Of Uniforms And Accessories For Various Departments. (Human Resources/Procurement) C7C A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For Proposals {RFP) No. 228-2013, For Emergency Shelter Beds To Serve Homeless Populatlon. (Community Services/Procurement) C7D A Resolution Electing Commissioner Micky Steinberg, Group I, As Vice-Mayor, For A Term Commencing On March 1, 2014 And Terminating On June 30, 2014, Or On Such Date When A New Vice-Mayor Is Thereafter Elected. (City Clerk's Office) C7E A Resolution Waiving Space Rental Charges At The Colony Theatre For The Nautilus Middle School Parent/Teacher Association Ray Madia Retirement Concert. (Requested by Commissioner Micky Steinberg) (Legislative Tracking: City Attorney's Office) C7F A Resolution Waiving, By 5/7ths Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Negotiate And Execute Lease Agreements With Williams Scotsman And Modspace, For The Lease Of Office Trailers, Not To Exceed Annual Amount Of $32,712, For A Period Of One (1) Year, In Order to Continue To House The Offices For Certain Property Management Division Staff. {Public Works} 6 6 Commission Agenda, February 12, 2014 C7 ·Resolutions (Continued) C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To Agreement Of Lease ("Ground Lease") By And Between The City Of Miami Beach(" Owner"), And 1691 Michigan Ave Investment LP ("Tenant"), Dated As Of September 1, 1999, Involving The Improvements To Property Located At 1663 Michigan Avenue, Miami Beach, Florida ("Garage Facility") And 1691 Michigan Avenue, Miami Beach, Florida ("Office Space") (Collectively The "Project"); Modifying The Scope Of Use Under The Ground Lease By Reducing The Minimum Number Of Parking Spaces Required For The Garage Facility, From 700 To 645 Spaces; Increasing The Minimum Number Of Parking Spaces Required To Be Maintained At All Times For Use By The General Public From 100 To 155 Parking Spaces; And Further Increasing The Minimum Number Of Monthly Parking Spaces For Members Of The General Public From 50 To 75, In Connection With The Development Of A Miniature Golf Project At The Sixth Floor Of The Garage Facility. (Tourism, Culture & Economic Development) C7H A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Procurement Of Construction Services, In The Not To Exceed Amount Of $50,000, Plus A $5,000 Contingency, For A Total Of $55,000, From Central Florida Equipment Rentals, Inc., To Relocate 155 Linear Feet Of 8 Inch Dip Water Main On SR-A1A (Indian Creek Drive), From 42nd To 44th Street, In Conjunction With The FDOT's Indian Creek Drive And Collins Avenue Stormwater Drainage Improvement Project. (Public Works) C71 A Resolution Approving An Assignment Of The Service Agreement, Dated June 9, 2010, For Collection And Disposal Of Residential Solid Waste, Yard Trash, Bulk Waste, And Operation Of The City's Green Waste Facility, From Choice Environmental Services, Inc. (As The Successor, Via Merger, To Choice Environmental Services Of Miami, Inc.), As Assignor, To Progressive Waste Solutions Of FL, Inc. (Progressive), As Assignee; And Also Acknowledging A Change Of Name, Under Both The Non-Exclusive Franchise Agreement For Residential And Commercial Solid Waste Collections And Disposal And The Service Agreement For Additional Solid Waste Collection Services And Collection Of Recycling Materials At City-Owned Properties, Parks, Rights Of Ways, And Other Public Facilities And Property(ies), From Waste Services Of Florida, Inc., To Progressive Waste Solutions Of FL, Inc.; Which Change Of Name Took Place On August 16, 2013, And Which Does Not Require Approval And/Or Other Action Of The City Commission. (Public Works) C7J A Resolution Accepting The Recommendation Of The Sustainability Committee At Its January 21, 2014 Meeting To Allocate And Appropriate The Revenue Generated From Toner, Inkjet, And Laser Cartridge Recycling At Various City Facilities, Pursuant To Miami-Dade County Contract No. IB8091-0/18, To Fund Environmental Programs In The City. (Public Works) C7K A Resolution Approving The Recommendation Of The Flooding Mitigation Committee To Amend The Stormwater Management Master Plan (Commission Adopted November 14, 2012) By Modifying The Design Criteria For The Tailwater Elevation From 0.5 FT-NAVO To 2.7 FT-NAVO For All Tidal Boundary Conditions. (Public Works) 7 7 Commission Agenda, February 12, 2014 C7 • Resolutions (Continued) C7L A Resolution Waiving Space Rental Charges At The Colony Theatre, For The Miami Herald Media Company's Screening Of "The Day It Snowed In Miami" A Feature Length Documentary By Joe Cardona On March 4, 2014. (Tourism, Culture & Economic Development) C7M A Resolution Authorizing The Mayor And City Clerk To Execute A Maintenance Memorandum Of Agreement With The Florida Department Of Transportation (FOOT) For The Maintenance Of Hardscape Improvements At The West Side Of The Intersection Of Collins Avenue And Lincoln Road Related Right-Of-Way Infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road) Project. (Capital Improvement Projects Office) C7N A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 1 To Lanzo Construction Co. Florida, For The Purchase And Installation Of Automatic Meter Readers For The Venetian Islands Bid Package 13C Right-Of-Way Infrastructure Improvement Project, In The Amount Of $195,532 Plus Contingency In The Amount Of $19,553; For A Total Of $215,085 From Previously Appropriated Funds From 423 -Gulfbreeze 2006 Fund. (Capital Improvement Projects) C70 A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee Authorizing The City Manager To Enter Into A Grant Agreement With Miami Beach-Miami LGBT Sports And Cultural League, Inc. For $100,000, With $50,000 To Be Repaid Upon Receipt Of Funding From The Miami Beach Visitor And Convention Authority, In Support Of The World Outgames 2017. {Tourism, Culture & Economic Development) C7P A Resolution Waiving Building Rental Fees At The Colony Theatre, In The Amount Of $9, 700 For The Miami Gay & Lesbian Film Festival's 16th Year Celebration. (Requested by Commissioner Micky Steinberg) C7Q A Resolution Authorizing The City Manager To Investigate Any And All Options Including, Without Limitation, Extending The Hours Of Construction Activities Pursuant To Section 46-156 Of The City Code, In Order To Expedite Construction On Florida Department Of Transit (FOOT) Alton Road Improvements From 5th Street To Michigan Avenue (The Project) So That The Project May Be Completed Prior To Its Scheduled Completion Date Of April 2015, And On Or Before December 31, 2014, If Possible, And To Report All Options To The City Commission At The March 5, 2014 City Commission Meeting. (Requested by Mayor Philip Levine) (Legislative Tracking: City Attorney's Office) C7R A Resolution Setting A Public Hearing To Adopt The Third Amendment To The Capital Budget For Fiscal Year (FY) 2013/14. (Budget & Performance Improvement) (Memorandum to be Submitted in Supplemental) 8 8 Commission Agenda, February 12, 2014 C7 -Resolutions (Continued) C7S A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals Received Pursuant To Request For Proposals (RFP) 14-11/12 For A Public-Private Development In Miami Beach On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 17th Street And Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson Avenue And Meridian Avenue On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 17th Street And Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson Avenue And Meridian Avenue. (City Manager's Office/Procurement) {Memorandum to be Submitted in Supplemental) End of Consent Agenda 9 9 Commission Agenda, February 12, 2014 REGULAR AGENDA RS -Ordinances R5A 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. 10:10 a.m. Second Reading Public Hearing (Sponsored by the Planning Board) (Legislative Tracking: Planning Department) (First Reading on January 15, 2014/Referred to LUDC) R58 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. 10:25 a.m. Second Reading Public Hearing (Sponsored by the Land Use & Development Committee/ Requested by Former Mayor Bower) (Legislative Tracking: Planning Department) (First Reading on January 15, 2014) R5C Alton Road Historic District Buffer Overlay An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article 111, "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. 10:40 a.m. First Reading Public Hearing (Sponsored by the Land Use & Development Committee/Requested by City Commission) (Legislative Tracking: Planning Department) 10 10 Commission Agenda, February 12, 2014 R5 -Ordinances (Continued) R5D 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. 10:55 a.m. Second Reading Public Hearing (Sponsored by the Land Use & Development Committee) (Legislative Tracking: Planning) (First Reading on January 15, 2014) R5E 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. 11 :05 a.m. Second Reading Public Hearing {Sponsored by the Land Use and Development Committee) {Legislative Tracking: Planning) (First Reading on January 15, 2014) R5F 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. 11:15 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Building) (First Reading on January 15, 2014) R5G 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. 11 :25 a.m. Second Reading Public Hearing (Sponsored By Commissioner Joy Malakoff) (Legislative Tracking: City Attorney's Office) (First Reading on January 15, 2014/Referred to NCAC) 11 11 Commission Agenda, February 12, 2014 RS· Ordinances (Continued} R5H No Wake Zone Ordinance An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles," By Amending Article II, Entitled "Restricted Wake Zones," By Amending Section 66-43, Entitled "Restricted Areas," By Amending Subsection C Thereof Regarding The Slow Speed, Minimum Wake Zone By Amending The Boundaries Thereof And Amending Area C On The Appendix Thereto; Providing For Repealer, Severability, Codification, And An Effective Date. 11 :35 a.m. Second Reading Public Hearing (Sponsored by Mayor Philip Levine) (Legislative Tracking: City Attorney's Office) (First Reading on January 15, 2014} R51 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. 11:45 a.m. Second Reading Public Hearing R5J MBERP For GSAF (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Human Resources} (First Reading on January 15, 2014) 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 L~ast 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. 11 :55 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) {First Reading on January 15, 2014) 12 12 Commission Agenda, February 12, 2014 RS· Ordinances (Continued) R5K 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. 5:05 p.m. First Reading Public Hearing (Sponsored by Vice-Mayor Deede Weithorn) (Legislative Tracking: Planning) R5L Building Department Permit Fees An Ordinance Amending Chapter 14 Of The City Code, Entitled "Building Regulations," By Amending Article II, Entitled "Construction Standards," By Amending Division 2, Entitled "Permit Fees," By Amending The Following Sections Therein, To Wit Section 14-61, Entitled "Permit Fees, Generally"; Section 14-62, Entitled "Building Permits"; Section 14-63, Entitled "Plumbing Permits"; Section 14-64, Entitled "Electrical Permits"; Section 14-65, Entitled "Mechanical Permits"; Section 14-66, Entitled "Annual Facility Permit"; Section 14-67, Entitled "Forty-Year Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign"; Section 14- 70, Entitled "General Information"; Section 14-71, Entitled "Temporary Structure"; To Provide For Express Permits, Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efficient, Effective, And Transparent Way To Assess Fees For Building Permit Services, And By Amending Corresponding Portions Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees," Relating To Building, Plumbing, Electrical, And Mechanical Work, And Other Building Department Activities; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading R5M Resort Tax Ordinance (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Building) An Ordinance Amending Chapter 102 Of The Miami Beach City Code Entitled ''Taxation," By Amending Article IV Entitled "Resort Tax," By Amending Division 4 Entitled "Tax," By Amending Section 102-314 Entitled "Penalties And Interest," By Amending Subsection F Thereof Regarding The Establishment Of A Fixed Late Reporting Penalty For Annual Returns Filed Late Where No Tax Is Due; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading {Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Finance Department) R5N An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Section 2-27, Entitled "Reserved," To Create A 5/7th Vote Requirement For The Creation Of Agencies, Boards And Committees; Providing Exceptions Thereto; And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Sponsored By Vice-Mayor Deede Weithorn) (Legislative Tracking: City Attorney's Office) 13 13 Commission Agenda, February 12, 2014 RS -Ordinances (Continued) R50 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) R7 -Resolutions R7 A A Resolution Consenting To The Appointment Of Virgilio Fernandez As Fire Chief And Fire Marshal For The City Of Miami Beach, Florida. (Human Resources) R?B A Resolution Authorizing The City Manager To Accept A Settlement, In The Amount Of $10,000.00, In Full And Final Settlement Of 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, tn 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, 201 O Through May 5, 2013 ("Production Sud Audit"). {Tourism, Culture & Economic Development) R?C A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee At Its January 30, 2014 Meeting To Repeal Resolution Nos. 10840 And 2000-24216 And To Sunset The City Of Miami Beach Fine Arts Board Effective September 30, 2014. (Requested by Commissioner Joy Malakoff) (Legislative Tracking: City Attorney's Office) R?D A Resolution Repealing Resolution No. 2013-28305 And Accepting The Recommendation Of The Neighborhood/Community Affairs Committee At Its January 30, 2014 Meeting To Sunset The Flooding Task Force Ad Hoc Committee Effective May 31, 2014. (Requested by Commissioner Joy Malakoff) (Legislative Tracking: City Attorney's Office) 14 14 Commission Agenda, February 12, 2014 R7 -Resolutions R7E A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Findings And Recommendation Of The City Manager In Declaring An Emergency Pursuant To Subsection 287.055(9)(c)(6)(a)(1 ), Florida Statutes, All As More Specifically Set Forth In This Resolution And The Accompanying Commission Memorandum; And, As Permitted Pursuant To Section 2-367(e) Of The City Code, Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The City Manager To Take The Following Actions To Procure The Necessary Emergency Design And Construction Services, Pursuant To A Negotiated Design-Build Contract For The Remaining Stormwater Pump Stations For 6th Street, 10th Street And 14th Street, With The Firm Of Bergeron Land Development, Inc., The FOOT Contractor For The Alton Road Improvements Project, In The Not To Exceed Amount Of $11,250,000: 1) Prepare, Whether Through The City's Public Works Department, Or Through Retention Of An Outside Design Criteria Professional, As Determined By The City Manager, A Design Criteria Package (DCP) Which Complies With The Specification Set Forth Under Section 287.055(2)0), Florida Statues; 2) Upon Completion Of The DCP, Authorizing The City Manager To Negotiate And, If Successful, Execute A Design-Build Contract With Bergeron For The Project; With A Guaranteed Maximum Price (GMP); And Further, If The City Manager Is Successful Jn Negotiating The Contract, Authorizing The Mayor And City Clerk To Execute The Contract. (Public Works) R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A1 Board And Committee Appointments -City Commission/At-Large Appointments. (City Clerk's Office) R9A2 Nomination Of Henry Stolar For The Noise Working Group. (Requested by Commissioner Edward L. Tobin) (Deferred on January 15, 2014) R9B1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (1 :00 p.m.) R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) R9D Discussion Regarding The Selection Of The Management Contract For The Tennis Facilities At North Shore Park And Flamingo Park. (Requested by Commissioner Edward L. Tobin) (Deferred from January 15, 2014) 15 15 Commission Agenda, February 12, 2014 R9 -New Business and Commission Requests (Continued) R9E1 The Committee Of The Whole Will Meet On February 12, 2014 In The City Manager's Office Large Conference Room To Discuss Audit Committee. (Budget & Performance Improvement) R9E2 The Committee Of The Whole Will Meet On February 12, 2014 In The City Manager's Office Large Conference Room To Discuss Legislative Priorities. (City Manager's Office) R9F Discussion Regarding Focus Groups -Nautilus Middle School. (Organization Development Performance Initiatives) R9G Discussion And Referral To Neighborhood/Community Affairs Committee -The Blocking Of The Entrance To The Street-End At 56 And North Bay And To Place A Pocket Park At That Location. (Requested by Commissioner Edward L. Tobin) R9H Discussion On: The Mayor And City Commission's Consideration Of The Written Report And Recommendation Of The Debarment Investigator. (Procurement) R91 Discussion Regarding The No U-Turn Sign And Enforcement Thereof At 42nd Street And Pine Tree Drive. (Requested by Commissioner Micky Steinberg) R9J Discussion Regarding Disposal Of Pet Waste And Hiring Of A Company To Handle The Removal Of Pet Waste From Public Ways. (Requested by Commissioner Jonah Wolfson) R9K Discussion Regarding Providing Trolley Service On The Portion Of Collins That Is Being Impacted By That FOOT Project. (City Manager's Office) R9L Discussion Regarding Restaurant Greeter Behavior On Ocean Drive, And Bus Tours Pick-Up On Ocean Drive. (Requested by Commissioner Jonah Wolfson) R9M Discussion Regarding Bikes, Trikes, Segways, And Other Motorized Single Person Transport Units. (Requested by Commissioner Jonah Wolfson) 16 16 Commission Agenda, February 12, 2014 R9 · New Business and Commission Requests {Continued) R9N Discussion Regarding Scott Rakow Ice Rink Rehabilitation And Further Renovation And/Or Expansion. (Requested by Commissioner Jonah Wolfson) R90 Discussion Regarding Impact Fees For Sidewalk Cafe Establishments In North Beach. (Requested by Commissioner Edward L. Tobin) R9P Discussion Regarding Progress And Implementation Of The Recycling Ordinance 2012-3768 In Effect July 2014 At The Request Of The Sustainability Committee. (Requested by Commissioner Edward L. Tobin) R9Q Discussion Regarding The Committee For Quality Education Motion Made January 28, 2014 To Engage An Educational Expert To Consult Regarding How Best To Provide The Students In The City Of Miami Beach Feeder Pattern With The Best Public Middle School Options In The Country. (Requested by Commissioner Edward L. Tobin) R9R Discussion Regarding The London House And Deadline For Expenditure Of Federal Funds (City Manager's Office) R 10 -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, February 12, 2014, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. 17 17 Commission Agenda, February 12, 2014 Reports and Informational Items 1. Reports and Informational Items (see LTC 044-2014) 2. List of Projects Covered by the Cone of Silence Ordinance - L TC. (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 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV, 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, 8:30 a.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 305-673-7411, 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 19 MIAMI BEACH 2014 Schedule of City of Miami Beach City Commission/Redevelopment Agency (RDA) Meetings and the Presentations & Awards Meetings The City Commission/RDA meetings will begin at 8:30 a.m., and the Presentation & Awards meetings will begin at 5:00 p.m. All meetings will be held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Commission/RDA Meetings Presentations & Awards Meetings January 15 (Wednesday) January 22 (Wednesday) February 12 (Wednesday) February 26 (Wednesday) March 5 (Wednesday) March 12 (Wednesday) April 23 (Wednesday) April 30 (Wednesday) May21 (Wednesday) May28 (Wednesday) June 11 (Wednesday) No Meetings July 23 (Wednesday) July 30 (Wednesday) August -City Commission/RDA in recess September 10 (Wednesday) September 17 (Wednesday) October 22 (Wednesday) October 29 (Wednesday) November 19 (Wednesday) November 20 (Thursday) December 17 (Wednesday) December 18 (Thursday) F:\CLER\$ALL\a City Commission\2014 Schedule of City of Miami Beach.docx 20 MIAMI BEACH CITY CLERK'S OFFICE LOBBYIST LIST February 12, 2014 Commission Meeting Lobbyist's Name Retained by Principal Date Registered :· ·~illJJtS!:;;l:~ l~fi~ltli'.' '.l~ -- '"' ·~,''···.,~"""' ~W«-j ·····-,,."."'""' ·.~·-~ ,:;:_~'.}--)} ,,.,,, C7G Amend Ground Lease Agreement -1691 Michigan Avenue Monika Entin City Middle, LLC 01/09/2013 Michael Larkin City Middle, LLC 01/09/2013 Donald Washburn City Middle, LLC 01/28/2013 -~~~=>i~-~ '[~~f~1•\' ~·,,' 1, 'C:·"·•·~-·u• , .. ,.,,, .. :: C71 Approve Agmt for Collection & Disposal of Residential Solid Waste Mitchell Bierman Waste Services, Inc. 08/20/2008 Alex Gonzalez Waste Management, Inc., of Florida 07/19/2011 Jason Neal Waste Management, Inc., of Florida 07/12/2011 Clifford Schulman Waste Services, Inc. 07112/2011 Grant Smith Progressive Waste Solutions of Fla, Inc. 10/16/2013 ~ ~" -·~·~--~~JI!• ·P-• ~ . •' -~~~'f' c:.,', • -~-~,._~ '• -~ )ij~ -'-",,),_!;.,¥~ '"-"'",", c,_· • ...,.,,: •. -~ ·----'- C7M Authorize City Manager to Expedite Alton Road FOOT Projects Matthew Amster 1790 Alton Holdings, LLC 07/08/2011 Rafael Andrade South Beach Heights I, LLC 05/06/2013 Ronald Bergeron, Sr. Bergeron Land Development, Inc. 12/18/2013 Jean Gervais Alton SOBE, LLC 10/29/2013 Neisen Kasdin Crescent Heights R&D, LLC 11/13/2008 Michael Larkin Russell Galbut South Beach Heights I, 12/10/2012 LLC. Michael Marrero Joe Little, CBS Outdoor, Inc. 07/12/2010 Graham Penn Russell Galbut South Beach Heights 06/05/2013 ~ -11-~:j)i i':i11ITT!]U Ill " ' = Amount Disclosed ---·--·· ., ,,, ,,;~;;·· $310 per hour $445 per hour $4,000 flat fee ~ ~' '.-'.~Ki:t.\: & ,, $500 per hour Salaried Salaried $500 per hour $1,000 per month . ~9.,l,'.''-;:C"'.c\iF.c r• _}:,' $310 per hour $500 per hour No fee $12,000 flat rate $550 per hour $445 per hour $350 per hour $445 per hour ' '~ C7Q Waive Competitive Bidding/Authorize Procurement of Services by Bergeron Land Development, Inc. Ronald Bergeron, Sr. Bergeron Land Development, Inc. 12118/2013 No compensation ·'' ' µii -.,., ; "'";-\fflff~:~i; i.: fii6'-:i ;:;Wi!Jtt · ~!&· 1 ;,~ '"'~'"· . ''-,, ' ';f::~~·~:ii; :' "~~§f5:,, , ... ~:'-<'' r,c:;·/;'. .0 ' , '~)·~.!QC~~'\ ' ' '''-" C7R Reject Proposals Re RFP 14-11/12 Wayne Pathman Lanestar Partners LLC 05/11/2012 $450 per hour ' ·''~1\c~, ;%l1''):i: -~'~ ~· ,_, ,"' 0 '1 o:;"".c' H.'li'' . -' ' ' '' Wi."·''"i'""\'0. '""r;:,\j .. R5A Single Family Development Regulations Alfredo Gonzalez 1510 W 25, LLC 9/5/2013 $450 per hour Kobi Karp Robert Zangrillo 02104/2013 $350 per hour F:\CLER\COMMON\2014\0212014\LOBBYISTS\LOBBYIST LIST,Docx 21 Carli Koshal Miriam Abrahams 01/11/2013 $175 per hour Wayne Pathman Bart Reines 06/12/2013 $450 per hour David Sachs Bart Reines 06/12/2013 $400 per hour RSC Alton Road Historic District Buffer Overlay Rafael Andrade South Beach Heights I, LLC R5D Mechanical Parking Systems Jeffrey Bercow 120 Ocean Drive, LLC 02/06/2013 $575 per hour Kent Robbins 120 Ocean Drive, LLC 01/15/2013 $475 per hour R5F Amend Chapter 54 Floodplain Management Robert Fine New National LLC 07/12/2011 $550 per hour Alyssa Kriplen Greystone Terra Firma, LLC 10/04/2012 No compensation 08/28/2012 $445 per hour R9C Update on the Miami Beach Convention Center Paul Diamond Robert S. Wennett 10/23/2012 No compensation Victor Diaz Robert S. Wennett 11/20/2012 No compensation Lucia Dougherty Portman Holdings/CMG Group 04/05/2012 $700 per hour Pamela Friedlander Robert S. Wennett 03/21/2013 Not available Alfredo Gonzalez Portman Holdings/CMG Group 04/05/2012 $450 per hour Alexander Heckler Jonathan Kurry-Turnberry Lincoln Village 04/30/2012 $300-$400 per hour Marcelo Llorente Philip Goldfarb 12/05/2011 $7,500 monthly Wayne Pathman CConnecMB 06/03/2012 $450 per hour Aaron Perry Miami Beach Chamber of Commerce 01/15/2013 No compensation David Rothenberg Robert S. Wennett 01/29/2013 Not applicable Dan Tishman Robert S. Wennett 12/21/2012 No compensation R9D Discuss Selection of Management Contract for Tennis Facilities at No. Shore & Flamingo Parks David Custin Miami Beach Tennis Management, Inc. 12/13/2013 $1,000 flat fee Wayne Pathman Greensquare, Inc. 10/28/2013 $400 per hour F:\CLER\COMMON\2014\0212014\LOBBYISTS\LOBBYIST LIST.Docx 22 COMMISSION ITEM SUMMARY Condensed Title: I Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 269-2013ME, For Janitorial Services, Citywide. Ke Intended Outcome Su orted: Ensure well maintained facilities and ensure ualit and timel delive Supportin Data Surve s, Environmental Scan, etc: N/A Item SummaryfRecommendation: The purpose of Invitation to Bid (ITB) 269-2013ME was to establish contracts by means of competitive sealed bids to qualified providers of janitorial services. The contract shall remain in effect for an initial year term of three (3) years, with an option to renew for an additional two (2) one-year periods, as allowed in the ITB. City locations are categorized into two (2) groups. Bidders were required to submit prices for all location within one group and provide prices for additional services within each group for services that may be needed and could be added and/or deleted as needed throughout the life of the contract. Please refer to Appendix A for the locations included in each group. Invitation to Bid (ITB) 269-2013ME was issued on June 7, 2013, with an opening date of July 12, 2013. Thirteen {13) bids were received in response to the ITB. The lowest responsive, responsible bidder was deemed to be United Services, Inc. The request for approval of this item was initially presented at the September 11, 2013 City Commission meeting. At that time, the City Commission deferred the item and requested that a staffing plan by the recommended contractor be provided. The staffing plan is included in the attached memo. Notwithstanding the request for a staffing plan, it is important to note that the contract is structured as a performance-based contract, which emphasizes the level of performance required rather than the number of employees a given contractor must deploy. United Services has committed to considering those employees retained by the current contracts. Within 90 days of contract commencement, United Services will report to the City the current contractor employees that have been retained and reason(s) why any current employee may not have been retained. RECOMMENDATION United Services, Inc., is the lowest responsive and responsible bidder in both groups. Therefore, it is recommended that both groups be awarded to United Services, Inc. The secondary bidders are Service Keepers Maintenance and ISS Facility for Group 1 and 2, respectively. The secondary bidders will be utilized in the event that the primary bidder fails to provide services as required under the ITB. Advisory Board Recommendation: Financial Information: Source of A.mount Account Funds: -"~ $ 820,159 520-1720-000325 -Property Management ~g $ 242,730 435-9962-000325 -Sanitation -Beach Front restrooms , -;> ,o;, $ 15,600 435-0430-000325 -Sanitation ~ rv $ 37,500 011-1210-000325 -Fire f.-5 $ 3.250 425-0410-000325 -Public Works z:;3 $ 3,100 425-0420-000325 -Public Works .7:3 $ 3,000 427-0427-000325 -Public Works ,......,,_ ~ "'.') $ 14,300 510-1780-000343 -Fleet I ./I ,J " 'JI._ $ 300,000 480-0463-000325 -ParkinQ -Janitorial ' "'-.\, ~ ) ~ rJ/ $ 90,000 480-0463-000325 -Parking -Pressure cleaning ..___. ( £)"! $ 100,000 142-6976-000325 -Parking -Janitorial ( c ! $ 16,000 142-6976-000325 -Parking -Pressure cleanina I [.() $ 95,500 463-1990-000325 -Parking -Janitorial ~ ~) $ 16MO 463-1990-000325 -Parking -Pressure cleaning a. D2_ $ 108,000 467-1996-000325. Parking -Janitorial .J/l (J $ 14,000 467 -1996-000325 -Parking -Pressure cleaning OBPI Totar $1,879,139 Financial Impact Summary: The annual cost associated with City-wide janitorial services is sub1ect to funds availability approved through the annual budgeting process. Account information and availability offundsshall be verified and approved for each request prior to procuring1he services. The funding and accounts noted above are the FY 2014 budael amounts. Citv Clerk's Office Leaislative Trackina: Alex Denis, Extension 6641 MIAMI BEACH 24 AGENDAITEM (.;{,4 DATE c9-!d -/</ C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeach~.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member DATE: February 12, 2014 SUBJECT: REQUEST FOR APPROVAL INVITATION TO BID NO. CITYWIDE. 0 AWARD A CONTRACT, PURSUANT TO 69-2013ME, FOR JANITORIAL SERVICES, ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING The annual cost associated with City-wide janitorial services is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted above are the FY 2014 budget amounts pending Commission approval. $ 820, 159 $ 242,730 $ 15,600 $ 37,500 $ 3,250 $ 3, 100 $ 3,000 $ 14,300 $ 300,000 $ 90,000 $ 100,000 $ 16,000 $ 95,500 $ 16,000 $ 108,000 $ 14,000 $1,879, 139 520-1720-000325 -Property Management 435-9962-000325 -Sanitation -Beach Front restrooms 435-0430-000325 -Sanitation 011-1210-000325 -Fire 425-0410-000325 -Public Works 425-0420-000325 -Public Works 427-0427-000325 -Public Works 510-1780-000343 -Fleet 480-0463-000325 -Parking -Janitorial 480-0463-000325 -Parking -Pressure cleaning 142-6976-000325 -Parking -Janitorial 142-6976-000325 -Parking -Pressure cleaning 463-1990-000325 -Parking -Janitorial 463-1990-000325 -Parking -Pressure cleaning 467 -1996-000325 -Parking -Janitorial 467-1996-000325 -Parking -Pressure cleaning BACKGROUND The purpose of Invitation to Bid (ITB) 269-2013ME was to establish contracts by means of competitive sealed bids to qualified providers of janitorial services. These contracts shall remain in effect for an initial year term of three (3) years, with an option to renew for an additional two (2) one-year periods, to be exercised at the City Manager's sole discretion. 25 Commission Memorandum -/TB 269-2013ME -Janitorial Services, Citywide February 12, 2014 Page 2 The contracts consist of providing janitorial services to City facilities and parking garages which include administrative offices, recreational facilities, parking facilities and public restrooms. The awarded companies shall provide all supervision, administrative support, labor, subcontractors, materials, supplies and equipment, and shall plan, schedule, coordinate and assure effective completion of all required services. The specifications of this ITB were reviewed by the Sustainability Committee. Accordingly, the ITB was issued with language which will require the successful vendor to use environmentally- preferable cleaning chemicals and paper products & plastic trash bags/liners and maintain cleaning standards. ITB PROCESS Invitation to Bid {ITB) 269-2013ME was issued on June 7, 2013, with an opening date of July 12, 2013. A pre-bid conference and site visit to representative locations included in this ITB scope of services was held on June 18, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group issued bid notices and 42 bidders accessed the advertised solicitation which resulted in the receipt of the following thirteen (13) bids: 1. Staffcaft Miami Corporation 2. DTZ -UGL Services 3. Omarcio Cleaning Services, Inc. 4. Service Keepers Maintenance, Inc. 5. Professional Building Services 6. Federal Janitorial 7. OJS Systems, Inc. 8. Stockton Maintenance Group, Inc. 9. American Multiservices & Janitorial 10. United Services, Inc. 11. ABM Services, Inc. 12. Vista Building Maintenance Services, Inc. 13. ISS C&S Building Maintenance Corporation The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award per location, group, or in its entirety, as deemed in the best interest of the City. Veterans and local preferences will be applied as applicable in the tabulation of bid prices received. Please note that neither veteran nor local preference was applied to any of the bidders. In the review of bids received and consideration of award, the City reserves the right to waive nonmaterial irregularities or technicalities in a bid received. City locations are categorized into two (2) groups. Bidders were required to submit prices for all location within one group and provide prices for additional services within each group for services that may be needed and could be added and/or deleted as needed throughout the life of the contract. Please refer to Appendix A for the locations included in each group. Below is a summary of the pricing submitted by all bidders for each group. Please note that mathematical errors were corrected by Procurement. 26 Commission Memorandum -/TB 269-2013ME -Janitorial Services, Citywide February 12, 2014 Page 3 United Services Inc. Service Keepers Maintenance American MS Janitorial ISS Facility Omarcio Cleaning Federal Janitorial OJS Systems DTZ Staffcaf Miami Vista Building Maintenance Professional Building Service ABM Janitorial Stockton Maintenance Group * Lowest responsible and responsive bidder per group. ** Second lowest responsible and responsive bidder per group. United Services Inc. ISS Facility American MS Janitorial Omarcio Cleaning Professional Building Service Federal Janitorial Service Keepers Maintenance OJS Systems DTZ Stockton Maintenance Group Vista Building Maintenance ABM Janitorial Staffcaf Miami * Lowest responsible and responsive bidder per group. ** Second lowest responsible and responsive bidder per group. *$ 840,026.64 **$ 905,526.96 $ 922,967.88 $ 931,024.20 $ 968,973.60 $ 1,093, 780.08 $ 1,231,440.00 $ 1,248,947.69 $ 1,317,100.00 $ 1,401, 110.76 $ 1,478,770.59 $ 1,559,099. 76 $ 1,807, 100.30 *$ 518,842.56 **$ 564,379.20 $ 604,086.84 $ 612,322.32 $ 617,220.00 $ 659,447.04 $ 668,289.84 $ 670,620.00 $ 714,845.03 $ 737,960.15 $ 899,978.40 $ 1,310,582.28 N/B United Services, Inc. is the lowest responsive and responsible bidder in both groups. Therefore, it is recommended that both groups be awarded to United Services, Inc. The secondary bidders are Service Keepers Maintenance and ISS Facility for Group 1 and 2, respectively. The secondary bidders will be utilized in the event that the primary bidder underpertorms or fails to provide services as required under the ITB. 27 Commission Memorandum -/TB 269-2013ME -Janitorial Services, Citywide February 12, 2014 Page 4 United Services Inc. has been in business for 26 years. The following is a brief summary of the experience of the company: • United Services Inc. services over 39 building within and for the City of Miami including administrative and ancillary services, gyms, parks, theaters, overnight facilities, and boat Marianas. • United Services Inc. provides services to all areas for Mary Brickell Village including several square city blocks of varying client types. The scheduling of services and the time of completion is critical to the ongoing success of the complex. Employees with varying skills for the cleaning of settings entirely different in scope and scale are needed to ensure the effective completion of each and every task at this location. • United Services Inc. is responsible for 49 buildings located within the City of Newark with thousands of visitors. The buildings vary in purpose, from City Hall and the Mayor's Office to educational buildings offering City sponsored classes, police stations, and courthouses. • United Services Inc. provides services to New Jersey Institute of Technology, with an average of one new building a year since 1984. United Services Inc. is responsible for all the periodical maintenance within the majority of these buildings. They have also provided pre & post construction services clean-up during these construction phases. State of the art equipment, along wlth strategic placement of chemical command dispensing systems, and the use of a computerized work order tracking software to calculate the proper amount of work per night for the employees made possible for United Services, Inc. to create consistency and in line with the customer task frequently schedule. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. As a result, the City Manager recommends to the Mayor and City Commission to award the contract to United Services, Inc. the lowest responsive and responsible bidder. Further, in the event that the primary bidder underperforms or fails to provide services as required under the ITB, recommends awarding contract to the secondary bidders, Service Keepers Maintenance and ISS Facility for Group 1 and 2, respectively. UPDATE REQUESTED BY THE CITY COMMISSION ON SEPTEMBER 11, 2013 At the September 11, 2013, this item was presented for consideration by the City Commission. After discussion, the Commission deferred the item and requested that a staffing plan by the recommended contractor be provided. On October 4, 2013, United Services Inc. provided the staffing plan, included in Appendix B. Highlights of the Staffing Plan include: • Organizational Chart: The organizational chart includes a plan for contract-specific managers and supervisors. • Start-Up and Transition Plan: This section addresses the desire to consider retaining current contractor staff. • Employee RecruitmenUDevelopment: This section addresses how employees are recruited and retained, including training to reduce turnover, improve employee morale and enhance customer service. • Staffing Plan: This section addresses how the necessary hours to service each facility 28 Commission Memorandum -/TB 269-2013ME -Janitorial SeNices, Citywide February 12, 2014 Page 5 translates into equivalent full time not part time positions. • Communication and Responsiveness: This section addresses the firm's plan to maintain responsiveness and communication, including a 24 hour hotline. The current janitorial service contracts require five (5) days of service, utilizing three contract providers with a total of full-time and part-time janitorial service employees as indicated in Table 1. Part-time employees are those employees working 35 hours or less per week. Full-time employees are those employees working 40 hours or more per week. The source of information for the staffing figures reported for the current contractors is the payrolls submitted and confirmed by each firm. The proposed new contract calls for a reduced level of service varying from two (2) to three (3) days for most facilities while maintaining the status quo for other facilities. The staffing levels proposed by the recommended contractor maintains a hybrid of part-time and full-time employees with the totals also indicated in Table 1. Table 1, Current Staffing Ratios ISS 4 FT 8 PT Professional Building Services 5 FT 0 PT Omarcio 5 FT 10 PT Totals 14 FT 18 PT United Services (Proposed) 24 55 United Services, Inc. intends, as part of their startup and transitioning process, to transfer any and all existing employees. United Services has noted that it is an advantage to an incoming firm to be able to retain employees familiar with the client and required practices. However, the employees will need to meet the hiring requirements and qualifications, including passing the necessary background checks. Background checks were not required in the current contract. Additional employees will be hired from solicitation in local papers. Notwithstanding the above, it is important to that the contract is structured as a performance- based contract which emphasizes the performance required rather than the number of employees a given contractor must deploy. Within 90 days of contract commencement, United Services will report to the City the current contractor employees that have been retained and reason(s) why any current employee may not have been retained. In addition to the results of the ITS highlighted herein, the Administration reached out to Respect of Florida (Respect), an organization that provides employment opportunities for individuals with disabilities, to inquire about the possibility of the City contracting with Respect for services on some or all sites. However, the pricing proposed by Respect is significantly higher, approximately double, than the pricing proposed through the ITS. CONCLUSION The Administration recommends the award of the contract to United Services, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 269-2013ME, for janitorial service, citywide, and further, in the event that the primary bidder underperforms or fails to provide services as required under the ITS, recommends awarding contract to the secondary bidders, Service Keepers Maintenance and ISS Facility for Group 1 and 2, respectively. JLM/MT/KGB/AD T\AGENDA\2014\February\Procurement\ITB 269-2013ME -Janitorial Services -MEMO.docx 29 Commission Memorandum -/TB 269-2013ME -Janitorial Services, Citywide February 12, 2014 Page 6 APPENDIX "A" LOCATIONS PER GROUP . GroUp 1· .. . GROUP2 ... ;· ... . . . .. LOCATION ... > ··• ; ;;' · ..... :--.--~ LOCATION, .. ... .. .•' " '· .. City Hall South Pointe Park Ocean Rescue Facilities & Activity Room City Hall Garage Offices Scott Rakow Youth Center Complex 777 Building Scott Rakow Youth Center Ice Rink 555 Building South Shore Community Center Fleet Management 21st Street Recreation Center Sanitation Building North Shore Rec & Tennis Center Police Athletic League and Rec Center Normandy Shores Park Police Station Normandy Shores Guardhouse Fire Station #2 Administration Normandy Isle Park & Pool Fire Station 2 Support Services I EOG Parks Maintenance Facility North Beach Police Substation Ocean Front Auditorium Property Mgmt Office & Maintenance Beach Patrol Office Public Works Operations Building Flamingo Park Pool Marine Patrol Office and Public Restroom Flamingo Tennis Center and Restrooms Police Internal Affairs (225 Washington) Flamingo Park Baseball, Football Stadium & Softball Field Restrooms S. Pointe Park Beach Public Restroom North Shore Open Space Offices 3rd Street Beach Front Public Restroom Muss Park Pavilion & Restroom 6th Street Beach Front Public Restroom Crespi Park Center & Restroom 10th Street Beach Front Public Restroom Tatum Park Center & Restroom 14th Street Beach Front Public Restroom Stillwater Park Center & Restroom 21st Street Beach Front Public Restroom Fairway Park Center & Restroom 35th Street Beach Front Public Restroom 12th Street Parking Garage 46th Street Beach Front Public Restroom 16th Street Parking Garage 53rd Street Beach Front Public Restroom 17th Street Parking Garage 64th Street Restrooms 42nd Street Parking Garage Unidad Senior Ctr Public Restrooms 13th Street Parking Garage 7th Street Parking Garage City Hall Parking Garage Pennsylvania Parking Garage Sunset Harbor Parking Garage Parking Department Operations Building 30 Commission Memorandum -/TB 269-2013ME --Janitorial Services, Citywide February 12, 2014 Page 7 APPENDIX "B" UNITED SERVICES STAFFING PLAN 31 October 3, 2013 Mrs. Maria Estevez, City of Miami Beach Procurement Assistant Director CPPO, CPPB, Department of Procurement Management 1700 Convention Center Drive, Miami Beach, FL 33139 Mrs. Estevez; '-...... ~ ....... UNITED SERVICES, INC. -011r Success Is C11sfullfer JJn\1in. Pursuant to the requests made of United Services during our meeting, please find enclosed ail the additional information that was requested, that we believe answers aJl of the questions as they were asked of us. Thank you for your time and in the event that you require any additional informa6on, please do not hesitate to contact me at your earliest convenience at 877-874-2447. 2?::fully; rFfhlc ! ::i::: . President United Services, Inc. Enclosure 32 w w kQJ1£QBd '{!1:_ Q!J.Q4JYl~J-lLQJX4L-C«dB~r ___ .l __ -----.. ---. NJ Operation 11, Support United Services, Inc. Coqxirate Office ..... President • FJa. Opemtions Manager Mr. Victor Milian I ., Financial l, Mr. Gaven l r----Q~-~lify A~~~~ce '--~~~~~~~__,., 1 City of Miami Beach ! L .. · · Tina Condina . . .. "2' ~tll!K! ~:wt~iMiw<il¥ _ , iii:>.. _a ff il;slM~ . & i I·. . 0 •. Mt· ,l1~13~Z ··.·•···· .. City of MlamiBeachl r---City of Miami Beach Area Manager ' I Area Manager · Mr. Carlos Otibe ·. I l Rpbert Birkheimer .. ~ (. ·+•-,.,,,;,.·-• .; ......... ) Area Managers Area Manage:rs ' ~ ' ' ) ; i, _, r ~-Da; Shift·-·1 ,~Aft~~;on Shiftl 11-I;enin~-sliifi _____ l ! t( >! , • I i •. S · · . . . j : .S . • I I< >[ . . Sµpervisor/s . 1 I '"::;:;I~;,,,,,,, ~,,, 'o~nll,S)'',~, i"; :,,.,,.,,,,.,,.,,.,' ,,_. 'J 1-ifra!:~ -~l i--,\fi~iibe~hiftHI IEv~~~~ft : L··•·· ~D .. : • I 1 -J'BP -·-J i .... ,,. tBD.... l ~~---· i . ltM ~b ~ilj,~C•J t,..,.._.,._,,;:,e -.. _~Ul~i~-6~ l H ' ", .... ..:.-~ • -• ·--~· "'---~ UNITED SERVICES, INC. -011r S11cceu I& Cflao111er DllVf:lf. ST ART-UP & TRANSITION Once United Services, Inc. has been awarded the contract; our tentative action plan will be implemented. The corporate office will initiate mobilization of our Miami office to prepare for an impending start-up, of which select individuals within the company will be responsible for initial oversight and manning. At the very onset of the City of Miami Beach contract, United Services, Inc. will have corporate management as well as the Regional Manager that will have ultimate responsibility for the account, and the site supervisor on-site. They will remain with the account for the entire phase-in and mobilization period. We expect this to last no more than 45 days. We will then respectfully request a meeting with site management. Issues that we will look for immediate resolve to, will be staffing, cleaning times and schedules, keys, access codes, badging, secured areas, uniform appearance and acceptance, storage access for pre-identified equipment and supplies, vehicles, communication devices and their respective frequency use approval, logistics and other pertinent data, to the initial start- up/transition phase. Equipment, supplies and the necessary transportation vehicles we believe we will need, will be ordered and upon delivery tagged and placed in their respective building locations. Once access to the areas is granted, the regional manager as well as the account manager and quality assurance inspector will begin the painstaking process ofloading and confirming all plant data, from square footage of areas, to wall and floodype, into our computerized database for eventual use inpxgQuality Improvement Program, and our Work Orderffime Mmmgement-TrackingSoftware Program. During these rounds, building occupants may be questioned as to preferences that are not qualified or quantified by the contract specifications. Because this is very time consuming. we look to begin this task as soon as practically possible. Simultaneous to that effort, United Services Inc. will begin to arrange for interviews of existing personnel. Current cleaning management & staffing will be interviewed for potential hire. Where the client is in acceptance, United Services Inc. prefers to hire some of the existing personnel, allowing for a somewhat smoother transition period. Familiarity with buildings, areas, keys and other logistical information can make a considerable difference during a phase-in and mobilization period. 34 Since we expect to have additional employees on-hand to ensure a smooth transition of the contract, we will also be placing adds at this time in the local papers. for recruitment of additional qualified personnel. United Services Inc. corporate office will look to begin in-servicing and training groups of the qualified employees on our policies and procedures, the products we use and their application, equipment, and what they can expect from us as well as what we expect from them. Employees will begin to be designated areas of responsibility, ensuring each individual is aware of what is expected of him/her. Cross training will ensure that when an individual is unexpectedly out, someone is capable of filling the position. The corporate office will then look towards oversight of the account rather than active participation on a <lay-to-day basis. Visits will be bi~weekly from a Regional manager and or a Quality Assurance Inspector. We will look to arrange monthly meetings with the client in order to establish a clear channel of communication between not only our account manager, but the client as well. A quarterly visit from the president or vice president of the company will ensure that the client is receiving the attention and service that it has requested. Inclusive in that transition, is the transfer of any and all existing employees that the City of Miami Beach feels may be beneficial. inclusive of supervision and management. This can only be done however, in the event that the employees not only meet the hiring requirements placed upon us by the city contract, that they be approved by the city as a candidate the city wishes to continue to benefit from as an excellent employee, and that they meet the hiring qualifications, pass the necessary background checks etc., of United Services, Inc. Certainly existing employees aide in a smooth transition, so it would certainly be our intent to look closely at each and every employees the city may recommend. United Services, Inc. will also establish a pool of cleaning personnel, available for dispatch on notice, in the event additional personnel are ever needed, an employee caJJs out sick, vacation or other emergent needs arist'! for replacement or additional coverage. United Services, Inc. will ensure that all members of this pool are pre-qualified and approved for work by the City of Miami Beach for employment on the site. 35 OBJECTIVE TIMELINE STARTUP TRANSITION: 45 davs Start Date Finish Date Remarks Letters of Introduction Establish Chain of Command Establish Local Mobilization Office Area Meet with Site Management & R~resentatives Formulation of Advisement Committee -~··-·-- Order, Eouipment, Supplies, Vehicles & Comm. Devices Uniform Aooroval --·~ Key Access Identification Compilation of Comouter Data Develop Site Specific QA Program Emolovee Hirino & Processino __ .,,,. Drug Testing Implementation Badaina. Finoerorintina & Final Processing Job Description. Job Requirements Handout Installation/Education of Command Centers Orientation & In-Services --·--- Uniforms & Lockers Office Installations Introduce PreliminarvWork Plan & Schedules Emeraencv ContacUOn-Call List Develocment Emeraencv Plan(sl Review, Develooment ~".It~ Sue:elies Product Aee:roval Lists Tag & Chart Integral Eciuioment ... Implement Color-Coded Buck.et & Rinoers Initiate Incentive Proaram Create & lmclement Snow Plan Accurate Daily Log Development & Implementation Emolovee ManualfDistribute ·-··-··-·-··-·-- Address Contingency Issues 36 / -......... ~ ...... UNITED SERVICES, INC. -011r &ua:l!SS le C118toHter Dn\1'11 Employee Recruitment & Development Employee Recruitment United Services is able to attract qualified, experienced employees who require a stable job with regularly scheduled hours. Our continued success provides many opportunities for advancement and promotion from within. In previous years United Services has grown significantly, yet we have not hired any employees who are unfamiliar with our company. Friends of current employees refer the majority of our prospects to us. Affiliations with local colJeges and vocational centers also ensure a quality applicant to choose our work force from. Our open-door policy, combined with providing well-supervised and steady work, has helped us provide exceptional staff. We have found that prospects are attracted to United Services for its reputation for providing stable, regular work hours in a healthy and safe work environment. Also, by having the proper amount of supervision and training, they receive the total support of our opportunities for advancement. In addition, because we promote from within, it helps us to attract and retain qualified personnel. Employee Development The hiring process at United Services begins with the completion of our Employment Application. Representatives from our Human Rcs<,>lJ!CeS Department are available to assist applicants if necessary. ·· Tlie·appUcantis then interviewed. The interview process focuses on the individual's work history, an analysis of previous cleaning experience and the suitability of placement at current or anticipated job openings/locations. A second interview with an Operations Department Manager is held in order to ensure that job placement and job location specifications are clearly understood by the 37 applicant. As well as serving as a second screening level, this interview acts as the initial orientation to the requirements of the job site. The orientation session consists of three phases: • Overview of United Services • Employee orientation • Customer orientation. The first phase of the orientation program provides the new employee with an overview of the company. This phase includes information on the company's origin and growth, current size and composition, position in the marketplace, commitment to customer satisfaction, and expectations for the future. This phase also includes a description of our company benefits, employee-related programs, and career opportunities within the company. We offer the following training £,TUides to our cleaners and supervisory personnel. Training and safety videos will be shown. Our training has the following objectives: • Reduce employee turnover, and Improve work quality • Improve employee morale and production • Enhance customer satisfaction These videos were prepared and researched by BSCAI. the world's largest organization devoted to promoting professionalism within the industry by furthering education to its membership. AH new employees attend the class as part of their training and Quality Improvement Program. Each employee is trained by a United Services Inc. certified training supervisor and tested upon completion. Upon passing the test, each employee receives certification for having satisfactorily completed the course. The following videos arc used: • Employee Orientation • Quality Control • Customer Relations • Safety in the Workplace • The Art of Care-Taking 38 Once employed, United Services motivates its employees by recognizing our personnel in the following ways: • Providing thorough pre-employment and on-site training a well-educated employee. • Creating a positive work environment at each location and providing outstanding supervision. • Offering opportunities for advancement. • Keeping employees informed about the company's business. • Recognizing our employees for their years of service and for outstanding performance. In many locations, United Services (with agreement from the client) has been able to implement an "employee of the month'' program, whereby we recognize outstanding perfonnance on a monthly basis. The employee receives a gift certificate or cash reward, and his or her picture is posted in recognized areas, along with our newly developed merit badge system, which enables the employee to be recognized by his peers as well as the entire public for his or her accomplishments. 39 Staffing Concerns Concerns were voiced to United Services, Inc. referencing what was describe as two varying submittals by United Services with regard to the appropriate staffing that United Services, Inc. was proposing for the City of Miami Beach. Keeping in mind the complexity of the contract, and the fact that many buildings/sites will require the utilization of a part time employee, United Services corporate personnel agreed in a meeting that we believed the utilization of part time employees would be somewhere around 20-25% of the employee base, thereby best serving the City of Miami Beach, while simultaneously allowing United Services flexibility in our staffing schedules. Our consultant chose to use 20% in his formulation for part time staff and our vice president elected to use 25%. It will be the intent of United Services, Inc., based on a further analysis, to provide the city of Miami Beach with a firm and concrete number of full time employees versus part time employees. We are certain however, in our formula for the total number of hours we will be providing the City of Miami Beach for a total, complete and comprehensive cleaning service, as requested within the contract specifications. That breakdown, to full and part time employees will be a constant changing dynamic during the initial start-up, as we search to maximize the utilization of full time employees versus part time. 40 Building City hall /Offices located at the city hall Parking 77 Building 55 Building !Scott Rakwo youth center & Ice Rink cott Rakwo youth center & Ice Rink 11 olice Sation & Parking Garage I Fire Sation two adm. Building outh Shore Community Center I North Beach Police Sub-Station .h I st Street Recreation Center >cean Front Auditorium jNorth Shore Bandshell '· forth Shore Recreation Center forth Shore Open Space Trailer Offices IMuss Park :respi Park 1 • 'arum Park !Stillwater Park airway Park 11~ormandy Shores Park I Normandy Shores Guardhouse lonnandy Isle Park & pool !Parks Maintenance Facility lnropertyManagement Office & Maint :each Patrol Office !Police Athletic League Building ' 'lamingo Park Pool lamingo Park in-out Tennis courts !Flamingo-Baseball & Football Stadium ublic Works Operation Buildings 1• arking Department Operations I Marine Patrol Office & Restrooms outh Pointe Park Ocean Rescue t drc Station Two-Suport-EOC I Pol ice Internal affairs lcet Management I Sanitation Preliminary Staffing Plan City of Miami Beach Staffing hours Tuesdav & Fridav Mon-Wed-Thurs Sat & Sun 24 24 16 16 7 2 4 1.5 12 12 1317.5 Included above 32 12 1.5 I 5 2 I 0.75 4.5 I 2 0.5 as Requested Facility 15 15 15.5 l 0.5 0.75 0.75 0.75 0.75 0.75 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 4 l I 0.50 2.5 0.50 0.75 0.50 4 4 2 2 I 2 0.5 2 2 2 3 I I 0.5 I 0.5 I 0.5 1.5 0.5 I 0.5 3 0.5 4 0.5 41 Approx. #ofFTE-PT 1 FTE-4 PT 1FTE-2 PT 1 PT 1 PT 2 FTE-l PT 2 FTE-4 PT 1 PT 1 PT I PT I PT l PT 2 FTE 1-2 PT l PT l PT l PT l PT l PT l PT I PT I PT I PT l PT 1 PT l PT I PT I PT I PT I PT I PT 1 PT I PT I PT I PT l PT I PT I PT Building !South Pointe Park Rest room 'hird St. Restroom 1uth. St Restroom 11 0th. St. Restroom 4th. St. Restroom I '21st St. Restroom 11 sth. St. Restroom 6th. St. Restroom I 53rd. St. Restroom ' -4th. St. Restroom fnidad Senior Citizen Public Restrooms I 1 • th Street Garage I I 2th Street Garage 3th Street Garage 11 6th Street Garage I I 11 7th Street Garage r- ' 2nd Street Garage I '<,_' "'•''Pe'-"\:P~JoUU'~'-' ' I I ity Hall Garage I J I Pennsylvania Garage '"unset Harbor Garage Preliminary Staffing Plan City of Miami Beach Staffing hours Tuesdav & Fridav Mon-Wed-Thurs Sat & Sun (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) (6FTE' will be assigned to all Restrooms.) Tuesday &Thursda)'. Fri-Mon 11 16 4 4 4 4 11 16 Mon-Sun 16 Mon-Fri Sat & Sun 6 2 Tues-Thurs Fri-Mon l I 16 Mon-Sun 18 4 42 Approx. # ofFTE-PT 6FTE ~ II ti ti ti 11 11 " II II I FTE -2 PT I PT I PT I FTE-2 PT 2 FTE -2 PT ''.:;: 2 PT 2 FTE-2 PT 3 FTE - l PT 2-PT Citv of Miami Beach & City of Miami / .......... ----UNITED SERVICES, INC. -Ottr $uccess la C11Bto111t:r D1i'.v1. United Services, Inc. has been providing janitorial services to the City of Miami for the past four years and we believe, while we have others as well, this account bears many similarities as the City of Miami Beach contract does. Each of the accounts is similar in the number of buildings, both having in excess of 50. The range of buildings and the utilization within, share similarities as well, with both constituting a make-up of city provided, service buildings. The cleaning employee count for each of the cities is very similar, as well as the make-up of those employees, that being the need for day porter services, night cleaning services, part time work at numerous buildings, and the need for vehicular cleaning routes. That also translates into similar supervision requirements, equipment, and in many cases supplies required by the contract. And while the contract value looks different, it is in fact very similar when you take into account that one utilizes a living wage, and one does not. When you remove the difference that the hourly rate creates in the contract value, one can see that they are very similar indeed. With the City of Miami Beach contract so close in size, complexiW,~lld demographics, and the contract being right in our "wheel-house," we .believe ~hl~wiU.afde'nOtonlYthe City of Miami Beach in a smooth transition, but alsgjn the ~Qnstant pmVfsiori of cleaning services . • _-• • •• c ~ ' , • • --' 43 UNITED SERVICES, INC. -011r &ua:css Is C118f(Jmer Df"Mn. Summary of Continued Quality Improvement Program Our CQI Program is comprised of Two (2) major components; l. Standard Quality Improvement Program (Inspection/Follow up) 2. Formal Quality Circle Meetings The Standard Quality Improvement portion of the program implements the process of inspection, folJow up, and documentation. A computer QI software program, which performs the tasks of randomly selecting inspection areas, supports the Standard Quality Improvement Program. Each day a representative amount of areas/rooms are selected by the computer (at random) for inspection. The quantity of inspections for the day are based upon population fields to create a representative sample. The software system is also used for creating an electronic file of inspections and results. In addition to this, the Housekeeping Manager and Supervisors conduct daily or weekly Formal Rounds of the accounts. During the rounds all aspects of quality are reviewed, including satisfaction level of the staff and visitors in the areas. The Fomml Quality Circle portion of the program implements the more contemporary concepts of Total Quality Management by creating Quality Circle teams made up of participants in the provision of the services, as well as participants of the recipients of the service. Monthly meetings are conducted in a structured format to review results of the standard QI program and to provide a format in which new ideas and recommendations can be presented for group review. The Follow Up on the results of both components is utilized in different ways to enhance and improve quality. In both cases the ri~sults are made public to all housekeeping employees by posting on a D~partmental Quality Board displayed in the Housekeeping Office. The Standard Quality bn,n;i:9vement results are used as guides for; Re-performance, Retraining, Dis~iplfoary Action & Quality Circle Meetings. The Quality Circle results are used as guides for Redefinition of Methods, Retraining, in new Methods & Progress Reviews. Safety & Accident Prevention United Services Inc. Safety Manual has policies and procedures in place to help protect our workers and those within the facilities. Our policies looks to; aside from designating a safety manager; 44 • Minimize health and safety tisks by providing sate and healthy work environments, preventing unsafe acts, conditions and controlling exposures to health and safoty hazards in the workplace. • Provide and assure that appropriate health and safety programs exist, are current and are in the place. • Control heal.th hazards in the workplace and assure that employees are informed of hazards and how lo protect themselves from overexposure. • Communicate to employees all mandated medical findings and advise of appropriate actions to be taken. • Assure all managers and employees have received orientation. instruction and training in health, on-going safety, policy and procedure and environmental protection matters. • Require that all health, safety. environmental protection and loss-control practices, standards, laws and regulations are being observed relating to people. facilities, materials, processes, wastes and the environment. Staffin2 Contingency Plan United Services Inc. looks to bargain in good faith with the collective bargaining unit in an effort to maintain harmony at all costs. We wilI also look for the insertion of a no strike-no lockout clause that would prohibit strikes, sympathy strikes, slowdowns, sick-outs or any other forms of work stoppage, allowing for resolve of disputes jurisdictionally. W c will also forge relationships with local colleges, technical and vocational centers as well as contact local social services and unemployment onices to establish a "pool" of workers from which to draw from in the event of the unforeseen. Out of state pools of workers would be scheduled to spend specific periods of time at the account aiding in the daily work performance. Overtime would be used on an open basis, as would the use of management in ensuring that tasks were performed as scheduled. Security and Transportation in and out of the facility can be provided for the protection of the employees during strikes and/or picketing. Employees compensation can be modified for the undo hardship placed upon them. OSHA Incident Rate United Services Inc. is proud of our record within the Occupational and Safety Health Act in that we have Q incidents on record over the course of the last 5 year period. Consequently our severity rate is excelJent. 45 Communication & Responsiveness '-........~ ...... UNITED SERVICES, INC. -Ovr 811ccl!.B& /g C/.1lft?J11rt:r Drll1:!f We believe ourselves to be on the cutting edge in the use of technology to serve our customers. As a company, we are continually searching for ways to improve our service. As an example, our Quality Improvement Manager utilizes a Dell lnspiron Notebook to reduce the time it takes to conduct and process an inspection. Our corporate office, as well as each corporate account, have computers that are connected to a corporate wide network, facilitating the ease of communication. Each manager is well trained in computers, the use of various programs such as Microsoft word, excel, powerpoint and outlook, and our various preventative maintenance and work order time management tracking systems. We make the effort so that we can communicate via e~mail over the Internet, our network, beepers, portable radios and our 24-hour toll free line. We encourage two-way communication and we have the personnel and systems in place to facilitate this. We furnish regional managers, managers, lead men and workers that are in a facility by themselves twoMway communication devices, enabling not only United Services Inc., but the customer the option of contacting them immediately. We believe a successful company is one that responds promptly and efficiently. United Services Inc maintains a toll free, 24-hour line. which puts you in touch with someone who has answersimrnediately. Our toll free line, 1-877-USl-24HR is designed to guarantee you an immediate response, when you need one most. 46 THIS PAGE INTENTIONALLY LEFT BLANK 47 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) 2014-128-MF FOR GOVERNMENTAL CONSULTING SERVICES Ke Intended Outcome Su orted: Item Summary/Recommendation: Legislative services are essential in order for the City to advance its agenda with the State Legislature. Accordingly, on October 1, 2008, the City entered into an Agreement (the "Agreement") with Rutledge Ecenia & Purnell, P.A., Gomez Barker Associates, Inc., and Robert M. Levy & Associates, lnc.(the "Lobbyists") pursuant to Resolution No. 2008-26875 through September 30. 2013. On December 11, 2013, the City Commission authorized the extension of the Agreement through September 30, 2014, to allow time for the City to competitively solicit proposals, through an RFQ, from qualified firms interested in providing the required legislative services to the City. The proposed RFQ is attached for the City Commission's consideration. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: N/A ~ Total ~ Financial Impact Summary: N I A Ci Clerk's Office Le islative Trackin Alex Denis, Ext. 7490 MIAMI BEACH 48 Account NIA JLM Maintenance- AGENDA ITEM c J. B DATE rJ-/J-/lj {9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City pommission I ~ - FROM: Jimmy L. Morales, City Manager ~~ - DATE: February 12, 2014 ·~ SUBJECT: REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) 2014-128-MF FOR GOVERNMENTAL CONSULTING SERVICES BACKGROUND/ANALYSIS Legislative services are essential in order for the City to advance its agenda with the State Legislature. Accordingly, on October 1, 2008, the City entered into an Agreement (the "Agreement") with Rutledge Ecenia & Purnell, P.A., Gomez Barker Associates, Inc., and Robert M. Levy & Associates, lnc.(the "Lobbyists") pursuant to Resolution No. 2008-26875 through September 30. 2013. On December 11, 2013, the City Commission authorized the extension of the Agreement through September 30, 2014, to allow time for the City to competitively solicit proposals, through an RFQ, from qualified firms interested in providing the required legislative services to the City. The proposed RFQ is attached for the City Commission's consideration. MAJOR RFP REQUIREMENTS 1. MINIMUM QUALIFICATIONS Please Reference Section 0500, Technical Requirements and Specifications, RFQ 2014-128-MF, for Governmental Consulting Services 2. SUBMITTAL REQUIREMENTS Please Reference Section 0300, Proposal Submittal Instructions and Format, RFQ 2014-128-MF, for Governmental Consulting Services 3. CRITERIA FOR EVALUATION Please Reference Section 0400, Evaluation I Selection Process, RFQ 2014-128-MF, for Governmental Consulting Services CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFP 2014-015-LR for Psychological Services for Sworn and Civilian Employees. ATTACHMENTS RFQ 2014-015-LR for Psychological Services for Sworn and Civilian Employees. JLM/JMJ/KGB/AD T:\AGENDA\2014\February\Procurement\Request to Issue RFP for Governmental and Legislative Consulting MEMO.docx 49 REQUEST FOR QUALIFICATIONS (RFQ) FOR SERVICES TITLE: LEGISLATIVE CONSULTING SERVICES SOLICITATION No. 2014-128-MF PROPOSAL ISSUANCE DATE: FEBRUARY 14, 2014 PRE-PROPOSAL MEETING DATE: FEBRUARY 25, 2014 PROPOSAL OPENING: MARCH 11, 2014 @ 3:00 PM ISSUED BY: <9 MIAMI BEACH Marta Fernandez-Rubio, Procurement Coordinator DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.000 x6263 I Fax: 786.373.7851 I www.miamibeachfl.gov ~ /\fi,l.AMIBEACH 50 ~ 2-I RFQ 2014-128-MF TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ........................................................................................................ N/A 0200 INSTRUCTIONS TO PROPOSERS ............................................................................ X 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ............................................. X 0400 PROPOSAL EVALUATION ........................................................................................ X 0500 TECHNICAL REQUIREMENTS AND SPECIFICATIONS ............................................ X 0600 GENERAL TERMS AND CONDITIONS ...................................................................... X APPENDICES: PAGE APPENDIX A APPENDIX B PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ......... X "NO PROPOSAL" FORM ............................................................................. X 51 - 3 -I RFQ 2014-128-MF SECTION 0200 INSTRUCTIONS TO PROPOSERS 1. GENERAL. The following instructions are given for the purpose of guiding PROPOSERS in properly preparing their PROPOSALS. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. PROPOSERs shall note that various paragraphs within these bid documents have a box { D ) which may be checked ( IZl ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the PROPOSER; if the box is not checked, the language is not made a part of the bid documents. 2. SCOPE OF WORK. Through this Request for Qualifications, the City of Miami Beach, Florida (the "City") seeks proposals and statements of qualifications from parties interested in providing the City with legislative and governmental affairs consulting services as further detailed herein. The City anticipates selecting on service provider to perform the requested services. However, the City reserves the right to select additional providers if it is deemed to be in the best interest of the City. 3. SOLICITATION TIMETABLE. The tentative schedule for this Solicitation is as follows: Solicitation Issued February 14, 2014 Pre-Proposal Meeting February 25, 2014 Deadline for Receipt of Questions February 28, 2014 Proposals Due March 11, 2014 Evaluation Committee Review TBD Tentative Commission Approval Authorizing TBD Negotiations 4. QUESTIONS. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado@miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective PROPOSERs in the form of an addendum. Procurement Contact: Telephone: Email: MARTA FERNANDEZ-RUBIO 305-673-7000, Extension MartaFernandezRubio@miamibeachfl.gov 6263 5. PRE-PROPOSAL MEETING. A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall · 41h Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 (9 /v\i,A.JV\I BEACH 52 -4-I RFQ2014-128-MF PROPOSERs interested in participating in the meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# (note that number is followed by the pound key) PROPOSERs who are interested in participating via telephone, should send an e-mail to the Procurement contact named herein, expressing your intent to participate via telephone at least one business day in advance of the meeting. e /\/'dA.1\/11 BEACH 53 • 5-I RFQ 2014-128-MF 6. PRE-PROPOSAL INTERPRETATIONS. Only questions answered by written Addenda will be binding and may supersede terms noted in this Solicitation. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date established for receipt of PROPOSALs. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientl D= 13097 &state I D=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the procurement director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procu remenUscroll. aspx?id=23510 • CONE OF SILENCE -CITY CODE SECTION 2-486 • CAMPAIGN CONTRIBUTIONS BY CONTRACTORS -CITY CODE SECTION • DEBARMENT PROCEEDINGS -CITY CODE SECTION 2-397 THROUGH 2-485 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -CITY CODE SECTION 2-481 THROUGH 2-486 • LIVING WAGE REQUIREMENT -CITY CODE SECTION 407 THROUGH 410 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED CONTRACTORS -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 • PROTEST PROCEDURES-CITY CODE SECTION 2-371 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to all prospective PROPOSERS. 10. PROTESTS. Protests concerning the bid specifications, requirements, and/or terms; or protests after the PROPOSAL due date in accordance with City Code Section 2-371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. G ;V1IJ-\fv\IBEACH 54 - 6 -I R FQ 20 l 4-1 28-M F 11. MIAMI BEACH·BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-37 47, a five (5) point preference will be given to a responsive and responsible Miami Beach-based vendor. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be made to the Miami Beach-based vendor who is certified by Miami-Dade County as a Minority or Women Business Enterprise. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3748, the City shall give a five (5) point preference to a responsive and responsible PROPOSER which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more PROPOSERs which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an Solicitation or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. 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 to negotiate a an agreement for services, including compensation, with one or more PROPOSER{s) that the City Manager 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. 14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all PROPOSALs prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after PROPOSALs opening date. A PROPOSER may not withdraw its PRO POSA Ls unilaterally before the expiration of one hundred and twenty ( 120) calendar days from the date of PROPOSALS opening. ~ 1V1.IAiV\I BEACH 55 - 7 -I RFQ 2014-128-MF 15. 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. 16. 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. 17. 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. 18. 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. Balance of Page Intentionally Left Blank ~ 1\/\i /l-,1\\I BEACH 56 • 8-I RFQ 2014-128-MF .... ...... . .. SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED PROPOSALS. One original PROPOSAL (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Solicitation Number, Solicitation Title, PROPOSER Name, PROPOSER Return Address. PROPOSALs received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE PROPOSALS. PROPOSALs are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the date and time established for receipt of proposals will be considered late and not be accepted or will be returned to the PROPOSER unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL SUBMITTAL 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 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 do not include the required information will be deemed non-responsive and will not be considered. TAB 1 The Minimum Eligibility Requirements for this solicitation are noted in Section 0500 (Specifications and Technical Requirements). PROPOSER shall submit detailed verifiable information affirmatively documenting compliance with each minimum eligibility requirement. PROPOSERs that fail to comply with minimum eligibility requirements will be deemed non-responsive and will not be considered. TAB2 Experience & Qualifications. Qualifications of Proposing Firm. Describe experience and qualifications of the PROPOSER in performing the services sought in this Solicitation, including: 2.1 Firm History & Prior Experience. Submit detailed information regarding the firm's history and relevant experience, including but not limited to: 2.1.1 Oocumentable, proven track record of providing the scope of services similar as identified in this solicitation. 2.1.2 Experience in providing similar scope of services to public sector agencies. 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 educatlon, experience, and any other pertinent information, shall be included for each PROPOSAL team member to be assigned to this contract 2.3 Financial Capacity. Each PROPOSER shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. The cost of the preparation of the D&B report shall be the responsibility of the PROPOSER. The PROPOSER shall re uest the SQR re art from D&B at (9 fv\IA.\/d BEACH 57 -9-1 RFQ2014-128-MF https:l/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 auditors 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. 2.4 PROPOSAL Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. TAB 3 Scope of Services Proposed In detail, provide a response to each of the scope of services requirements outlined in Section 0500. Where applicable, PROPOSER should provide verifiable documentation of prior experience with a specific proposed deliverable. 58 - l 0 -I RFQ 2014-128-MF SECTION 0400 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 the Solicitation. If further information is desired, PROPOSERs may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of PROPOSALs will proceed in a two-step process. 2. Step 1 Evaluation. 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. 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: • Review and score all PROPOSALs received, with or without conducting interview sessions; or • Review all PROPOSALs received and short-list one or more PROPOSERs to be further considered during subsequent interview session(s) (using the same Step 1 criteria). Step 1 . Qualitative Criteria Maximum Points Proposer Experience and Qualifications, including Financial Capability Scope of Services Proposed 50 50 TOTAL AVAILABLE STEP 1 POINTS 100 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the PROPOSERs may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2 -Quantitative Criteria Miami Beach-Based Vendor Preference Veterans Preference 5 5 TOT AL AVAILABLE STEP 2 POINTS 30 5. Determination of Final Ranking. 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: PROPOSER PROPOSER PROPOSER A B c Step 1 Points 82 76 80 Step 2 Points* 22 15 12 Committee Total 104 91 92 ·:·: . MernberJ ... RanK :1"· ... 1 1·, 3. "' ..... 2 ... Step 1 Points 79 85 72 Step 2 · Committee Points* 22 15 12 .Member2 Total 101 100 84 ~ /v\IA!V"i BEACH 59 w 11 -I RFQ 2014-128-MF * 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, which may be different than final ranking results. (9 tv\LL1.1\/\I BEACH 60 -12 -I RFQ 2014-128-MF SECTION 0500 TECHNICAL REQUIREMENTS AND SPECIFICATIONS 1. MINIMUM QUALIFICATIONS REQUIREMENTS. In order to be considered, PROPOSERS shall meet or exceed the following minimum qualification requirements. PROPOSERS who fail to meet the minimum qualification requirements will be deemed non-responsive. A. PROPOSER shall document at least five (5) years providing services similar to those noted herein to at least one ( 1) public sector agency. 2. SCOPE OF SERVICES REQUIREMENTS. In order to be considered, PROPOSERs shall provide Confer with the City on all organizational planning and program activity which has a bearing on the ability of the City to make the best use of State programs. A. Maintain liaison with the City's legislative delegation and assist in any matter which the City determines to be in its best interest. B. Counsel the City regarding appearances by City personnel before State of Florida and State administrative agencies and will assist the City and its personnel in negotiations with administrative agencies concerning City projects requiring State assistance and cooperation. C. Assist the City in review of executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other developments for the purpose of advising the City of those items mutually agreed upon that may have a significant bearing on the City's policies or programs. D. Communicate and coordinate with other lobbyists representing interests which are consistent with those of the City in obtaining the goals and objectives of the City. E. Assist in contacting State agencies on the City's behalf when City funding applications are under consideration by such agencies. F. Provide monthly reports on the first day of each month detailing activities and legislative services provided on behalf of and for the benefit of ti1e City in the previous month. G. Provide interim reports on an as needed basis addressing matters of City involvement, concerns, interest and particular projects identified for pursuance on behalf of the City. 2. TERM OF CONTRACT. The term of the contract shall be for five (5) years with an option to renew for an additional five (5), one (1) year periods based on mutual agreement. 4. PRICES. All prices shall be negotiated with the selected PROPOSER(s). 5. EXAMINATION OF CITY FACILITY AND INSPECTION OF CITY EQUIPMENT. Intentionally omitted. 6. EQUAL PRODUCT. Intentionally omitted. 7. LIQUIDATED DAMAGES. Intentionally omitted. 8. INDEMNIFICATION AND INSURANCE. The Provider shall furnish to the Department of Procurement Management, 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 Uability 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 e t/il.Afv\i BEACH 61 -13-1 RFQ2014-128-MF 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: or 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. The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 9. BID GUARANTY. Intentionally omitted. 10. PERFORMANCE BOND. Intentionally omitted. 11. CERTIFICATIONS. Intentionally omitted. 12. SHIPPING TERMS. Intentionally omitted. 13. DELIVERY REQUIREMENTS. Intentionally omitted. 14. BACK ORDER ALLOWANCES. Intentionally omitted. 15. WARRANTY/GUARANTEE REQUIREMENTS. Intentionally omitted. 16. BALANCE OF LINE OPTIONS. Intentionally omitted. 17. OTHER CONDITIONS. Intentionally omitted. 18. PRODUCT SPECIFICATIONS. Intentionally omitted. 19. PERFORMANCE SPECIFICATIONS. All performance requirements shall be negotiated with the selected PROPOSER(s) (;9 !/ol/\1\1\I BEACH 62 2 3 4 5 6 7 B 9 - l 4 -I R FQ 201 4-1 28-M F SECTION 0600 GENERAL TERMS AND CONDITION GENERAL TERMS AND CONDITIONS. It is the responsibility of the PROPOSER to become thoroughly familiar with the Bid 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. MODIFICATION/WITHDRAWALS OF PROPOSALS. A PROPOSER may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 10 PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The PROPOSER may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. PROPOSERs are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made 11 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 bid(s). TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. MISTAKES. PROPOSERs are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies 12 and services. Failure to do so will be at the PROPOSER's risk and may result in the bid being non-responsive. CONDITION AND PACKAGING. PROPOSER guarantees items offered and delivered to be the current standard production model at lime of bid and shall offer expiralion dating of at least one year or later. PROPOSER also 13 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 Bid, all manufactured items and fabricated assemblies shall be U.L listed or re- examination listing where such has been established by UL for the item(s) offered and furnished. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. EQUIVALENTS. If a PROPOSER offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate 14 in his bid. Specific article(s) of equipment/supplies shall conform in quality, 15 design and construction with all published claims of the manufacturer. The PROPOSER shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. 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. 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. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation 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 determined by the City. By virtue of submitting a response lo 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. 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 bid 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. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "PROPOSAL FORM'. However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. SAMPLES. Bids 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 bid 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 bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 AM. to 4:00 P.M. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be BEACH 63 -15 -I RFQ 2014-128-MF 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 26 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. 16 PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced 17 DISPUTES. In case of any doubt or difference of opinion as to the items and/or 27 services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 18 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 28 ignorance by the PROPOSER with/of Applicable Laws will in no way be a cause for relief from responsibility. 19 PATENTS & ROYALTIES. The PROPOSER shall indemnify and save harmless 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, 29 process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the PROPOSER uses any design, device or materials covered by letters, patent. or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 20 OSHA. The PROPOSER warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid 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 30 breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the PROPOSER. 21 MANNER OF PERFORMANCE. PROPOSER agrees to perform its duties and 31 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 32 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 33 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. 22 SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 23 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. 25 AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305- 673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 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 Bid, 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. PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful PROPOSER to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. DEFAULT. Failure or refusal of a PROPOSER to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid 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. CANCELLATION. In the event any of the provisions of this Bid 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 lime and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the PROPOSER. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The PROPOSER is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the PROPOSER's expense. 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. CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS: If a PROPOSER is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the PROPOSER must submit to the City, at least ten (10) calendar days prior to the scheduled Bid opening date, a request for clarification. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Any interpretation of the Bid, including. without limitation, responses to questions and request for clarification(s) from PROPOSERS, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The PROPOSER shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. ~ ;\;\ll\:\·\I BEACH 64 -16 -I RFQ 2014-128-MF The City will not be responsible for explanations, interpretations, or answers to 40 questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid 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 34 DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the PROPOSER's facility may be made prior to the 41 award of contract B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. 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 Bid. D. The terms "equipment and organization', as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. 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 42 City. F. The City may require PROPOSERs 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 bid may render the bid non-43 responsive. G. 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 44 bid. 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 !he successful PROPOSER no longer possesses the financial support, equipment, and 45 organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35 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 lo execute such contract, to any person, company or corporation, without the prior written consent of the City. 36 37 38 39 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. 46 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 a! the option of the unit of 47 government or non-profit agency. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid 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. ELIMINATION FROM CONSIDERATION. This bid 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. 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 lo place any order for a given amount subsequent to the award of this Bid. 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. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract. such bids or bids 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 bid or bids. "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. Bid or bids found to be collusive shall be rejected. PROPOSERS who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The PROPOSER's bid in response to the Bid. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. GRATUITIES. PROPOSERs shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor. or agent of the City, for the purpose of influencing consideration of this Bid. TIE PROPOSALS. In accordance with Florida Statues Section 287 087, regarding identical tie bids, preference will be given lo PROPOSERs 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 PROPOSERs 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 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. DELIVERY TIME. PROPOSERs shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery lime; no ranges (For example, 12-14 days) will be accepted. 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 Bid 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 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. Notwithstanding the above, the successful PROPOSER shall not be 1\1\l/\i\'\I BEACH 65 -17-I RFQ 2014-128-MF 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. 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 48 TERMINATION FOR CONVENIENCE OF CITY. The City may, for ils convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful PROPOSER of such termination, which shall become effective thirty (30) days following receipt by PROPOSER of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful PROPOSER in 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 the successful PROPOSER expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful PROPOSER upon a termination as provided for in this subsection. 49 INDEMNIFICATION. The successful PROPOSER shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful PROPOSER or its employees, agents, servants, partners, principals or subcontractors. The successful PROPOSER shall pay all claims and losses in connection therewith, and shall investigate and defend all claims. suits or actions of any kind or nature m 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 termination of this Agreement. 50 EXCEPTIONS TO PROPOSAL. PROPOSERs are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid PROPOSERs who fail to satisfy the requirements in this Bid, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid 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 bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 51 FLORIDA PUBLIC RECORDS LAW. PROPOSERS are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, ands. 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 bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided 52 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 technology systems of the public agency. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days 1n the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. ~ 1\\ ~ AtV\I BEACH 66 18 I RFQ2014-128-MF APPENDIX A ~ MIAMIBEAC PROPOSAL Certification, Questionnaire & Requirements Affidavit RFQ 2014-128-MF Governmental Consulting Services -.. '''A·' "'BEACH ~ r\:':i'j\:\I ..._.,. I'·' '•' 67 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 331 39 19 I RFQ 2014-128-MF Solicitat1on No: Solicitation Tltle: RFQ 2014-128-MF Governmental Consulting Services Procurement Contact: Tel: I Email: Marta Fernandez-Rubio 305-673-7 490, x6263 MartaFernandezRubio@MiamiBeachFL.qov 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: OTHER NAME(S) PROPOSER 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 add1t1onal information from PROPOSER or other source(s), mcludmg 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. ~ fc/d/\1\~I BEACH 68 20 I RFQ 2014-128-MF 1. 2. Miami Beach Based (Loctl) Veldor. Is PROPOSER claiming Miami Beach based firm status? 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 and the proof of residency requirement, as required pursuant to ordinance 2011-3747, to demonstrate that the PROPOSER is a Miami Beach Based Vendor. Veteran Owned Business. Is PROPOSER claiTng a teran owned business status? CJ YES 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 ta ordinance 2011-3748. 3. Financial Capacity. A Dun & Bradstreet Supplier Qualifier Report {SOR) is required for each PROPOSER. PROPOSER shall request Dun & Bradstreet to send the Supplier Qualifier Report (SQR) directly to the City through electronic means. The cost of the preparation of the Dun & Bradstreet report shall be the responsibility of the prospective Provider. In addition to the D&B information, the City may require PROPOSERs shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each PROPOSERs involved in the ca-venture must submit the required financial capacity documents. SUBMITTAL REQUIREMENT: A Dun & Bradstreet Supplier Qualifier Report (SOR) is required lo be received by the City directly from Dun & Bradstreet through electronic means. The prospective Provider shall request the report from D&B at https:/lsuppl ierporta l.d n b. co m/webapp/wcs/stores/servlet/Su pp lierPortal ?sto reld=11696 . 4. Litigation History. PROPOSER shall report any litigation or regulatory action that has been filed against 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 may result in the disqualification of the firm for this project. SU BM ITT AL 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. 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: For each reference submitted, the following information is required: 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-performance~ public sector agency? ~YES L_J NO SUBMJTT AL 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 solicitation. For each individual or entity with a controlling financial interest indicate whether or not ~ NJA//\I BEACH 69 21 I RFQ 2014-128-MF 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 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.miamibeachH.gov/procurement/. 9. 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 (CPl-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. 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 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 c:=J NO B Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners• or to domestic partners of employees? c:=J YES c:=J NO c. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. ~ MdiV/\I BEACH 70 22 I RFQ 2014-128-MF 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.miamibeachfi.gov/procurement/. 11. Public Entity Crimes. Section 287. 133(2)(a), Florida Statutes, as currently enacted or as amended from time to lime, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, PROPOSAL, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, PROPOSAL, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, PROPOSALs, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, PROPOSER agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to PROPOSERs or alter solicitation requirements. The City will strive to reach every PROPOSER having received solicitation through the City's e-procurement system, PublicPurchase.com. However, PROPOSERs are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the PROPOSER has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in PROPOSAL disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 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, submit under separate cover. ~ ;\/lfaJv'\I BEACH 71 23 I RFQ 2014-128-MF 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 solicitation, 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 solicitation, 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 solicitation are submitted at the sole risk and responsibility of the party submitting such PROPOSAL. This solicitation 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 solicitation, 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 solicitation, 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 solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ~ tv\l/\N1I BEACH 72 24 I RFQ 2014-128-MF . . .. 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 solicitation, 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 solicitation, 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 Autholized 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 Florida My Commission Expires: -----~~- 73 25 I RFQ 2014-128-MF NO PROPOSAL SUBMITTAL WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to bid _Insufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do _do not_ want to be retained on your mailing list for future bids of this type product and/or service. Signature: Title: Legal Company Name:---------------------~ Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT PROPOSAL #2014-128-MF 1700 Convention Center Drive MIAMI BEACH, FL 33139 BEACH 74 THIS PAGE INTENTIONALLY LEFT BLANK 75 COMMISSION ITEM SUMMARY Condensed Title: I Request For Approval To Issue Invitation To Negotiate (ITN) For Online City Merchandise Store Ke Intended Outcome Su orted: N/A With an unrivaled reputation for beautiful beaches, nightlife, renowned cultural arts, luxurious hotels, historic architecture and culinary offerings, Miami Beach is one of the most visited vacation destinations in the world. The city is frequently ranked on many lists as a top travel destination in the US and internationally, positioning Miami Beach as globally recognized brand. This type of exposure is unique in the municipal marketing industry and the City of Miami Beach has the opportunity to take full advantage of this value while continuing to serve the underling goals and mission of the city. The Administration has identified the creation of an official City of Miami Beach store as an avenue to generate additional revenue, while also supporting ongoing efforts to build and maintain the city's brand. It's worthy to note that most major cities, such as New York City, have official stores that sell city merchandise. In addition, similar to a process that is used by New York City, the administration plans to seek additional service marks or trademarks for future licensing opportunities. Doing this ensures that unique merchandise is sold in the city store, as well as maintains the integrity of the city brand. To that end, the city is seeking a promotional items distribution company to manufacture (or have manufactured through a third-party), market, promote, sell and distribute city promotional items and souvenirs through an online store to be branded exclusively for city purposes. Some of the items to be available in the city store may include: • Apparel, sunglasses, headwear • Beach towels, bags, and other beach items • Luggage and travel bags • Variety of souvenirs • Replicas of public art pieces and Miami Beach architecture • Other items as mutually agreed upon To seek proposals from qualified firms, the City would issue the attached ITN. Following evaluation of proposals received based on qualifications and proposed scope, the City would simultaneously negotiate with one or more firms, for deliverables and cost, to secure the most beneficial contract for the City. In general, the scope of services of the ITN includes the ability to create a turnkey on line store to offer City branded merchandise for sale. The firm should be able to implement a website utilizing software that meets our minimum requirement, offer desired products of approved quality, include the ability to sell 3rd party products as requested by City staff, as well as manage fulfillment of orders domestically and internationally. Further details are included in the attached memo and ITN. CONCLUSION The Administration recommends that the Mayor and City Commission authorize the issuance of the ITN 2014-130-MF for Online Ci Merchandise Store. Advisory Board Recommendation: IN I A Financial Information: Source of Amount Account Funds: - Total Financial Impact Summary: N I A islative Trackin t City Manager City Manager vator Maintenance-SUMMARY.doc MIAMI BEACH CCJc AGENDA tTEM ----- DATE &J-Jc:J-/<( 76 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miomibeachll.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City ommission FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: REQUEST FOR APPROVAL TO I SUE AN INVITATION TO NEGOTIATE (ITN) FOR AN ONLINE CITY MERCHANDISE STORE. ADMINISTRATION RECOMMENDATION Authorize the issuance of the ITN. BACKGROUND With an unrivaled reputation for beautiful beaches, nightlife, renowned cultural arts, luxurious hotels, historic architecture and culinary offerings, Miami Beach is one of the most visited vacation destinations in the world. The city is frequently ranked on many lists as a top travel destination in the US and internationally, positioning Miami Beach as globally recognized brand. This type of exposure is unique in the municipal marketing industry and the City of Miami Beach has the opportunity to take full advantage of this value while continuing to serve the underling goals and mission of the city. The Administration has identified the creation of an official City of Miami Beach store as an avenue to generate additional revenue, while also supporting ongoing efforts to build and maintain the city's brand. It's worthy to note that most major cities, such as New York City, have official stores that sell city merchandise. In addition, similar to a process that is used by New York City, the administration plans to seek additional service marks or trademarks for future licensing opportunities. Doing this ensures that unique merchandise is sold in the city store, as well as maintains the integrity of the city brand. To that end, the city is seeking a promotional items distribution company to manufacture (or have manufactured through a third-party), market, promote, sell and distribute city promotional items and souvenirs through an online store to be branded exclusively for city purposes. The firm should have the ability to handle small or large orders with short lead times. Proposals must meet the Minimum Requirements and should address most, if not all, of the stated needs. The proposals that do not meet the Minimum Requirements shall be deemed non-responsive and will not be further evaluated. Some of the items to be available in the city store may include: 77 City Merchand;se Store ITN February 12, 2014 Page2 of3 Some of the items to be available in the city store may include: • Apparel, sunglasses, headwear • Beach towels, bags, and other beach items • Luggage and travel bags • Variety of souvenirs • Replicas of public art pieces and Miami Beach architecture • Other items as mutually agreed upon To seek proposals from qualified firms, the City would issue the attached ITN. Following evaluation of proposals received based on qualifications and proposed scope, the City would negotiate with one or more firms, for deliverables and cost, to secure the most beneficial contract for the City. Details of the ITN are below and attached. SCOPE OF SERVICES In general, the scope of services includes the ability to create a turnkey online store to offer City branded merchandise for sale. The firm should be able to implement a website utilizing software that meets our minimum requirement, offer desired products of approved quality, include the ability to sell 3rd party products as requested by City staff, as well as manage fulfillment of orders domestically and internationally. For further details on the scope of services required, refer to Section 0500, ITN 2014-130- MF OTHER RFP REQUIREMENTS • MINIMUM QUALIFICATIONS Please Reference Section 0500, ITN 2014-130-MF. • SUBMITTAL REQUIREMENTS Please Reference Section 0300, ITN 2014-130-MF. • CRITERIA FOR EVALUATION Please Reference Section 0400, ITN 2014-130-MF. The evaluation criteria are stated as follows: Step 1 • Qualitative Criteria Maximum Points Proposer Experience and Qualifications Scope of Services Proposed 50 50 TOT AL AVAILABLE STEP 1 POINTS 100 Step 2 • Quantitative Criteria Miami Beach-Based Vendor Preference Veterans Preference 5 5 TOTAL AVAILABLE STEP 2 POINTS 10 78 City Merchandise Store ITN February 12, 2014 Page3 of3 CONCLUSION The Administration recommends that the Mayor and City Commission authorize the issuanif the ITN 2014-130-MF for Online City Merchandise Store. JLM I I MS I AD T:\AGEND 014\February\Procurement\Request to Issue ITN Online City Merchandise Store MEMO.doc ATTACHMENTS: Attachment A: ITN 2014-130-MF for Online City Merchandise Store. 79 INVITATION TO NEGOTIATE (ITN) TITLE: ONLINE CITY MERCHANDISE STORE SOLICITATION No. 2014-130-MF PROPOSAL ISSUANCE DATE: FEBRUARY 14, 2014 PRE-PROPOSAL MEETING DATE: FEBRUARY 27, 2014 PROPOSAL OPENING: MARCH 13, 2014 @ 3:00 PM ISSUED BY: (9 MIAMIBEACH Marta Fernandez-Rubio, Procurement Coordinator DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.000 x6263 I Fax: 786.394.4003 I www.miamibeachfl.gov 80 TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ........................................................................................................ N/A 0200 INSTRUCTIONS TO PROPOSERS ............................................................................. 1 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT .............................................. 5 0400 PROPOSAL EVALUATION ......................................................................................... 7 0500 TECHNICAL REQUIREMENTS AND SPECIFICATIONS ............................................. 9 0600 GENERAL TERMS AND CONDITIONS ..................................................................... 13 APPENDICES: APPENDIX A APPENDIX B APPENDIX C COST PROPOSAL FORM (not applicable) PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS "NO PROPOSAL" 81 SECTION 0200 INSTRUCTIONS TO PROPOSERS: 1. GENERAL. The following instructions are given for the purpose of guiding PROPOSERS in properly preparing their PROPOSALS. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. PROPOSERs shall note that various paragraphs within these bid documents have a box ( D ) which may be checked ( ~ ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the PROPOSER; if the box is not checked, the language is not made a part of the bid documents. 2. SCOPE OF WORK. Through this ITN, the City of Miami Beach, Florida (the "City") is seeking proposals from firms qualified to provide the required scope of services detailed herein. The intent of the ITN is to identify one or more firm{s) with whom the City may conduct competitive negotiations for the required services. The selection of firm(s) with whom the City may enter into negotiations shall be based on qualifications, in accordance with the criteria established herein. Cost of services will be considered only during the negotiation phase. The City of Miami Beach is seeking a promotional items distribution company to manufacture (or have manufactured through a third-party), market, promote, sell and distribute City promotional items and souvenirs through an online store to be branded exclusively for City purposes. The City may require the following items in an online store offering: • Apparel, sunglasses, headwear • Beach towels, bags, and other beach items • Luggage and travel bags • Variety of souvenirs • Replicas of public art pieces and Miami Beach architecture • Other items as mutually agreed upon. The firm should have the ability to handle small or large orders with short lead times. Proposals must meet the Minimum Requirements and should address most, if not all, of the following needs, as set forth below. The proposals that do not meet the Minimum Requirements shall be deemed non-responsive and will not be further evaluated. 3. SOLICITATION TIMETABLE. The tentative schedule for this Solicitation is as follows: Solicitation Issued February 14, 2014 Pre-PROPOSAL Meeting February 27, 2014 Deadline for Receipt of Questions March 3, 2014 PROPOSALS Due March 13, 2014 Evaluation Committee Review April 2014 Tentative Commission Approval Authorizing April -May 2014 Negotiations Contract Negotiations Following Commission Approval of Short-List 4. QUESTIONS. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado@miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective PROPOSERs in the form of an addendum. 1 I 1TN 2014-l 30MF, Online City Store 82 Procurement Contact: Telephone: Email: MARTA FERNANDEZ-RUBIO 305-673-7000, Extension 6263 MartaFernandezRubia miamibeachfi. ov 5. PRE-PROPOSAL MEETING. A Pre-PROPOSAL conference is scheduled far February 27, 2014, at 11:00 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 PROPOSERS interested in participating in the 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# (note that number is followed by the pound key) PROPOSERs who are interested in participating via telephone, should send an e-mail ta the Procurement contact named herein, expressing your intent to participate via telephone at least one business day in advance of the meeting. 6. PRE-PROPOSAL INTERPRETATIONS. Only questions answered by written Addenda will be binding and may supersede terms noted in this Solicitation. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed ta the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered ta all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date established for receipt of PROPOSALS. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forvvarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http:/ mbrary. mu nicade. camflndex.aspx?clientl D= 13097 &state I D=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the procurement director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll .aspx?id=2351 0 • CONE OF SILENCE -CITY CODE SECTION 2-486 • CAMPAIGN CONTRIBUTIONS BY CONTRACTORS -CITY CODE SECTION • DEBARMENT PROCEEDINGS -CITY CODE SECTION 2-397 THROUGH 2-485 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -CITY CODE SECTION 2-481 THROUGH 2- 486 • LIVING WAGE REQUIREMENT -CITY CODE SECTION 407 THROUGH 410 2 l ITN 20 l 4-l 30MF, Online City Store 83 G . , ,,,_ .. ~.' • LOCAL PREFERENCE FOR MIAMI BEACH-BASED CONTRACTORS -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 • PROTEST PROCEDURES -CITY CODE SECTION 2-371 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to all prospective PROPOSERs. 10. PROTESTS. Protests concerning the bid specifications, requirements, and/or terms; or protests after the PROPOSAL due date in accordance with City Code Section 2-371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3747, a five (5) point preference will be given to a responsive and responsible Miami Beach-based vendor. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be made to the Miami Beach-based vendor who is certified by Miami-Dade County as a Minority or Women Business Enterprise. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a five (5) point preference to a responsive and responsible PROPOSER which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more PROPOSERs which are a small business concern owned and controlled by a veteran{s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an Solicitation or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. 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 to commence negotiations with one or more PROPOSER(s) that the City Manager 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. 3 I 1TN 2014-l 30MF. Online City Store 84 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 PROPOSER(S) which it deems to be in the best interest of the City, or it may also reject all PROPOSALs. Following City Commission action on the City Manager's recommendation, the Negotiation Team will begin negotiations with one or more top-ranked proposer(s) as approved by the City Commission. The city reserves the right during the negotiation process to: schedule one or more negotiation sessions with any or all proposers approved for negotiations; require any or all proposers approved for negotiations to provide additional or revised detailed written proposals addressing specific topics; require any or all proposers approved for negotiations to provide a best and final offer; require any or all proposers approved for negotiations to address services, prices, or conditions offered by any other proposer; pursue a contract with one or more proposers approved for negotiations for the services encompassed by this solicitation, any addenda thereto and any request for additional or revised detailed written proposals or request for best and final offers; pursue the division of contracts between proposers approved for negotiations; arrive at any agreement with a proposers approved for negotiations, including finalizing contract terms with such proposer and terminating negotiations with any or all other proposers, regardless of the status of or scheduled negotiations with such other proposers; decline to conduct further negotiations with any proposer approved for negotiations; reopen negotiations with any proposer approved for negotiations; take any additional administrative steps deemed necessary in determining the final award recommendation, including additional fact- finding, evaluation, or negotiation, where necessary and consistent with the terms of this solicitation. The Negotiations Team will forward the results of the negotiation process to the City Manager. Following receipt of the said negotiation results, the City Manager may conduct further due diligence, including reopening negotiations with any proposers approved for negotiations at any time prior to execution of a contract or may reject one or more proposals from further consideration. The City Manager will present final contract award recommendation to the City Commission for final award. 14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all PROPOSALs prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after PROPOSALs opening date. A PROPOSER may not withdraw its PROPOSALs unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of PROPOSALs opening. 15. 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. 16. 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. 17. 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. 4 I ITN 2014-l 30MF, Online City Store 85 ~ ,' i· 18. 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, ands. 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. Balance of Page Intentionally Left Blank 5 I 1TN 2014-l 30MF, Online City Store 86 SECTION 0300 PROPOSAL SUB MITT AL INSTRUCTIONS AND FORMAT 1. SEALED PROPOSALS. One original Bid PROPOSAL (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Solicitation Number, Solicitation Title, PROPOSER Name, PROPOSER Return Address. PROPOSALS received electronically, either through email or facsimile, are not acceptable and will be rejected. 3. LATE PROPOSALS. Bid PROPOSALS are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the first Bid has been opened will be considered late and not be accepted or will be returned to the PROPOSER unopened. The City does not accept responsibility for any delays, natural or otherwise. 2. PROPOSAL SUBMITTAL 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 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 do not include the required information will be deemed non-responsive and will not be considered. TAB 1 The Minimum Eligibility Requirements for this solicitation are noted in Section 0500 (Specifications and Technical Requirements). PROPOSER shall submit detailed verifiable information affirmatively documenting compliance with each minimum eligibility requirement. PROPOSERs that fail to comply with minimum eligibility requirements will be deemed non-res onsive and will not be considered. TAB 2 • erience & Qualifications. Qualifications of Proposing Firm. Describe experience and qualifications of the PROPOSER in performing the services sought in this Solicitation, including: 2.1 Firm History & Prior Experience. Submit detailed information regarding the firm's history and relevant experience, including but not limited to: 2.1.1 Documentable, proven track record of providing the scope of services similar as identified in this solicitation. 2.1.2 Experience in providing similar scope of services to public sector agencies. 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. 2.3 Financial Capacity. Each PROPOSER shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. The cost of the preparation of the D&B report shall be the responsibility of the PROPOSER. The PROPOSER shall request the SQR report from D&B at https ://su pplierportal.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 ca abilit includin latest annual reviewed/audited financial statements with the auditors notes for each of their b I ITN 2014-130MF. Online City Store 87 trl -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. 2.4 PROPOSAL Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. TAB3 Scope of Services Proposed The required scope of services for this solicitation is noted in Section 0500 (Specifications and Technical Requirements). PROPOSER shall submit detailed information on how PROPOSER will achieve or exceed each item noted as a component of the re uired scope of services. 7 I 1rN 2014-130MF, Online City Store 88 SECTION 0400 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 the Solicitation. If further information is desired, PROPOSERs may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of PROPOSALs will proceed in a two-step process. 2. Step 1 Evaluation. 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. 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: • Review and score all PROPOSALs received, with or without conducting interview sessions; or • Review all PROPOSALS received and short-list one or more PROPOSERs to be further considered during subsequent interview session(s) (using the same Step 1 criteria). Step 1 . Qualitative Criteria Maximum Points Proposer Experience and Qualifications, including Financial Capability Scope of Services Proposed 50 50 TOTAL AVAILABLE STEP 1 POINTS 100 3. Step 2 Evaluation. Fallowing the results of Step 1 Evaluation of qualitative criteria, the PROPOSERs may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2 . Quantitative Criteria Miami Beach-Based Vendor Preference Veterans Preference 5 5 TOTAL AVAILABLE STEP 2 POINTS 10 5. Determination of Final Ranking. 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: PROPOSER PROPOSER PROPOSER A B c Step 1 Points 82 76 80 Step 2 Points• 22 15 12 Committee Total 104 91 92 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points• 22 15 12 Committee Total 101 100 84 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points* 22 15 12 Committee Total 102 89 78 Member2 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking•• 1 2 3 s I 1rN 2014-130MF, Online City Store 89 * 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, which may be different than final ranking results. 9 I 1TN 2014, 130MF, Online City Store 90 SECTION 0500 TECHNICAL REQUIREMENTS AND SPECIFICATIONS 1. MINIMUM ELIGIBILITY REQUIREMENTS. A. PROPOSER must document at least three clients for which it has created, managed and maintained (including product management and order fulfillment) an online merchandise store. 2. SCOPE OF SERVICES. A. DATABASE AND SOFTWARE 1. The software must be Web based. 2, Provide experience with maintaining an on-line store. Including: a) Website address -www. b) Provide a description of how a site is set up 3. Description of your company's database management system 4. The software must interact and interface with City's EDEN Financial System to process Revenue and miscellaneous other Reports. 5. The software must have the ability to create internal and external reports. Provide a description of account management processes 6. Provide policies on collecting personal information for the purpose of solicitations or sale of information to third parties. 7. The software must meet the following IT and Finance Requirements: a) Must be PCI Compliant (quarterly reports must be submitted) b) Vendor Supported and Hosted Solution shall have Mobile Capability c) The Application Administration Functions must be a log on to browser base, NOT a direct log-on to the Production Server (merchant account) d) All revenue collected from customers must be deposited into the City's Bank account within no more than three (3) days of collection, including internet based payments such as PayPal. e) Database must be Microsoft SQL compatible D City of Miami Beach's data must be in a separate database 8. Bidder shall support Internet ordering from a website for both the online store and the service award program. This site must include pictures, pricing, specials and delivery information. B. PRODUCT VARIETY 9. Submit detailed information and samples on the products described herein, including but not limited to: a) T-Shirts b) Sweat Shirts c) Beach towels d) Beach bags e) Travel bags D Luggage tags g) Snow globes h) Replicas of public art pieces 1 0 ( ITN 2014-l 30MF, Online City Store 91 i) Replicas of Miami Beach Art Deco hotels j) Sunglasses k} Hats lD - 10. Detailed product list and specifications including all products which may not be listed above 11. Product cost details and proposed revenue splits 12. Available discounts through publically solicited contracts {e.g., state or municipal contracts) or cooperative agreements (e.g., U.S. Communities, GSA) 13. Provide a description of the PROPOSER"s available services -categories of promotional items including abilities to print I screen items and color processes 14. Inventory status to be provided at the time the order is processed. 15. The City does not guarantee a minimum order nor is the City financially liable for products ordered from the website. C. ORDERING AND FULFILLMENT PROCESSES 16. Website shall include an area for customized orders, which will require special approval by the City before any orders are completed. 17. Specific ordering requirements must be included in all bids. 18. Bidder shall offer an approved plan to substitute standard items if manufacturers change products during the contract term and explain how substitutions will be made. 19. Product warranties and returns 20. International ordering and shipping capabilities 21. Describe the process for the purchase of logo items 22. Provide a description of warehouse space including: a) Location(s) b) Square Footage c) Inventory I Storage Process d) Mailing I Shipping Capabilities/Process. 23. Bidder shall provide at the time of ordering a lead time variation based upon quantities ordered for standard items as well as custom items. D. SALE OF NON-STANDARD ITEMS 24. Bidder shall provide options for City to include items for sale which are not manufactured by the Bidder. Items may include but are not limited to: a) Books b) Artwork c) Photography d) Coca-Cola co-branded products E. QUALITY 25. All items delivered in conjunction with this Bid shall be first line quality. Each Bidder, in submitting their Bid, confirms that items provided will consistently be of the highest quality and workmanship commensurate to the industry, or as will be required to meet the City's standards. The Contractor shall promptly remove any items of inferior quality and provide proper replacements in a prompt manner. 11 I 1TN 2014-130MF, Online City Store 92 ltl ' . ._ . 26. Bidder will be responsible for issuing credits for merchandise that is defective either during production or shipping. 27. As the items furnished in conjunction with this Contract are a representative of the City of Miami Beach, it is critical that Bidders have one or more quality assurance plans in operation, to ensure substituted items and items of inferior quality will not be provided. Bidders shall submit, on an attachment and in conjunction with the Bid, a narrative description of their quality assurance plan(s), with emphasis on the manners that will insure what is City-Approved and what is provided the City in subsequent shipments are consistently identical. F. TOURISM CULTURAL AND ECONOMIC DEVELOPMENT DEPARTMENT NEEDS 1. Capabilities for Online ordering with payment and shipping options for the customers. 2. Ability to create internal/external reports such as, but not limited to-Customer History, Customer Profile, Marketing, Financial, ProfiULoss, Rosters, Sign-Outs, Daily Close-Out, etc. 3. All data must be owned by the City. 4. Bidder must provide On-site Training for implementation. 3. TERM OF CONTRACT. The City is proposing a term of contract for three (3) years with the option to renew for two (2) additional one (1) year periods. 4. PRICES. All costs shall be negotiated. 5. EXAMINATION OF CITY FACILITY AND INSPECTION OF CITY EQUIPMENT. Intentionally omitted. 6. EQUAL PRODUCT. Intentionally omitted. 7. LIQUIDATED DAMAGES. Intentionally omitted. 8. INDEMNIFICATION AND INSURANCE. The Provider shall furnish to the Department of Procurement Management, City of Miami Beach, 1700 Convention Center Drive, 3rn 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 Uability 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. 12 I ITN 2014-130MF, Online City Store 93 "' ,c-,; 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. 9. BID GUARANTY. Intentionally omitted. 10. PERFORMANCE BOND. To be negotiated. 11. CERTIFICATIONS. Intentionally omitted. 12. SHIPPING TERMS. Intentionally omitted. 13. DELIVERY REQUIREMENTS. Intentionally omitted. 14. BACK ORDER ALLOWANCES. Intentionally omitted. 15. WARRANTY/GUARANTEE REQUIREMENTS. Intentionally omitted. 16. BALANCE OF LINE OPTIONS. Intentionally omitted. 17. OTHER CONDITIONS. Intentionally omitted. 18. PRODUCT SPECIFICATIONS. To be negotiated. 19. PERFORMANCE SPECIFICATIONS. To be negotiated. 13 I ITN2014-130MF.OnlineCityStore 94 1 2 3 4 5 6 7 8 9 SECTION 0600 GENERAL TERMS AND CONDITION GENERAL TERMS AND CONDITIONS. It is the responsibility of the PROPOSER to become thoroughly familiar with the Bid 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 MODIFICATION/WITHDRAWALS OF PROPOSALS. A PROPOSER may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of 10 bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.0.8. destination, freight prepaid (unless otherwise stated in Special Conditions). The PROPOSER may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price 11 during bid evaluation. PROPOSERS are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid 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 bid(s). TAXES. The City of Miami Beach is exempt from all Federal Excise and State 12 taxes. MISTAKES. PROPOSERs are expected to examine the specifications, delivery schedules, bid prices, and extensions, and alt instructions pertaining to supplies and services. Failure to do so will be at the PROPOSER's risk and may result in the bid being non·responsive. 13 CONDITION AND PACKAGING. PROPOSER guarantees items offered and delivered to be the current standard production model at time of bid 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 Bid, all 14 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 Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 15 EQUIVALENTS. If a PROPOSER offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The PROPOSER shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items 14 I ITN 20 l 4-l 30MF. Onllne City Store 95 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. 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. 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. 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 bid 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 PROPOSE R's name being removed from the City's vendor list. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "PROPOSAL FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. SAMPLES. Bids 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 bid 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 bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 AM. to 4:00 P.M. 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. 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 16 17 18 19 20 21 22 PROPOSER'S expense. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and proper1y invoiced. DISPUTES. In case of any doubt or difference of opinion as to the items and/or 27 services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 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 28 ignorance by the PROPOSER with/of Applicable Laws will in no way be a cause for relief from responsibility. PATENTS & ROYALTIES. The PROPOSER shall indemnify and save harmless 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, 29 process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the PROPOSER uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. OSHA. The PROPOSER warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid 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 30 breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the PROPOSER. MANNER OF PERFORMANCE. PROPOSER agrees to perform its duties and 31 obligations in a professional manner and in accordance with all applicable Local, Stale, 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 32 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 33 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. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 23 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. 25 AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673- 7524 {fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 26 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 Bid, the PROPOSER will assume the full duty, obligation and expense of obtaining all necessary 1s I 1TN2014-130MF,OnlineCityStore 96 lD - 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. PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful PROPOSER to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. DEFAULT. Failure or refusal of a PROPOSER to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid 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. CANCELLATION. In the event any of the provisions of this Bid 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 BILLING INSTRUCTIONS. Invoices, unless otherwise indicated. must show purchase order numbers and shall be submitted to the ordering City department. SUBSTITUTIONS. After award of contract. the City WILL NOT accept substitute shipments of any kind, without previous written approval. The PROPOSER is expected to furnish the brand quoted in its bid. Any subslilute shipments will be returned at the PROPOSER'S expense. 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. CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS: If a PROPOSER is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the PROPOSER must submit to the City, at least ten (10) calendar days prior to the scheduled Bid opening date, a request for clarification. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from PROPOSERs, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The PROPOSER shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. 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 Bid. Any questions or clarifications concerning the Bid 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 34 35 36 37 38 39 40 DEMONSTRATION OF COMPETENCY. 41 A. Pre-award inspection of the PROPOSER's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. PROPOSERs must be able to demonstrate a good record of performance for a reasonable period of lime, 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 Bid. D. The terms 'equipment and organization', as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a PROPOSER, including past 42 performance (experience), in making an award that is in the best interest of the City. F. The City may require PROPOSERS 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 43 information contained in the PROPOSER's bid may render the bid non- responsive. G. 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 44 sufficient financial support, equipment, and organization as prescribed in this bid. 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 45 PROPOSER no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 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 prior written consent of the City. LAWS, PERMITS AND REGULATIONS. The PROPOSER shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and 46 shall comply with all Applicable Laws. OPTIONAL CONTRACT USAGE. When the successful PROPOSER(s) is in agreement, other units of government or non-profit agencies may participate in 47 purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid 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. ELIMINATION FROM CONSIDERATION. This bid 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. 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 Bid. 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 ITN 2014-l 30MF, Online City Store 97 COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids 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 bid or bids. "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. Bid or bids found to be collusive shall be rejected. PROPOSERs who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The PROPOSER's bid in response to the Bid. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabiltties Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. GRATUITIES. PROPOSERS shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. TIE PROPOSALS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to PROPOSERS 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 PROPOSERS 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 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. DELIVERY TIME. PROPOSERs shall specify in the attached Bid 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. 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 Bid andlor 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. 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. 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. 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 lo terminate the contract for cause in accordance with this subsection 1.57. 48 TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate !he work and/or services then remaining to be performed, al 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 lhat event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful PROPOSER in 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 perforrAed 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 expey,ted to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful PROPOSER upon a termination as provided for in this subsection. •' 49 INDEMNIFICATION. The successful PROPOSER shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and alt liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful PROPOSER or its employees, agents, servants, partners, principals or subcontractors. The successful PROPOSER shall pay alt claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be Incurred thereon. The successful PROPOSER expressly understands and agrees that any insurance protection required by this Agreement or othe!Wise 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 indemnmcation provisions shall survive the expiration or termination of this Agreement. 50 EXCEPTIONS TO PROPOSAL. PROPOSERs are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. PROPOSERs who fail to satisfy the requirements in this Bid, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid 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 bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 51. FLORIDA PUBLIC RECORDS LAW. PROPOSERs are hereby notified that all Bid including, without limitation, any and all Information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, ands. 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 bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as 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 Jaw; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology 17~1 iTN 2014-130MF, .. Online City store 98 52 : . .t, I .. ·'' systems of the public agency. CONTRACT EXTENSION, The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. APPENDIX B -- PROPOSAL Certification, Questionnaire & Requirements Affidavit ITN No. 2014-130MF ONLINE CITY MERCHANDISE STORE to ' '/. --•--·--·--•~•~•-• --•w• m-•w-•--m-, __ m-~-•w-------'-• •-• --•-• ·-·--·-··~ ~···-· -•• -• ••••••••••••~••• 'lllJ9" \ ·,, "" Pagel 99 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 ITN 2014-l 30MF, Online City Store Appendix 8 Solicitation Na: Solicitation Title ITN 2014-130-MF ONLINE CITY MERCHANDISE STORE Procurement Contact: Tel: I Email: MARTA FERNANDEZ-RUBIO 305-673-7000 Ext. 6263 mfemandezrubio@miamibeachft.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: OTHER NAME(S) PROPOSER 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. Page 2 100 1. 2. ITN 20 l 4-130MF, Online City Store Appendix B Miami Beach Based (Lo,al) Ve,dor. Is PROPOSER claiming Miami Beach based firm status? YES ~NO SUBMITTAL REQUIREMENT: PROPOSERS claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, to demonstrate that the PROPOSER is a Miami Beach Based Vendor. Veteran Owned Business. Is PROPOSER clai7ing a teran owned business status? ~YES 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. 3. Financial Capacity. A Dun & Bradstreet Supplier Qualifier Report (SQR) is required for each PROPOSER. PROPOSER shall request Dun & Bradstreet to send the Supplier Qualifier Report {SQR) directly to the City through electronic means. The cost of the preparation of the Dun & Bradstreet report shall be the responsibility of the prospective Provider. In addition to the D&B information, the City may require PROPOSERs shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each PROPOSERS involved in the co-venture must submit the required financial capacity documents. SUBMITTAL REQUIREMENT: A Dun & Bradstreet Supplier Qualifier Report (SQR) is required to be received by the City directly from Dun & Bradstreet through electronic means. The prospective Provider shall request the report from D&B at https:/fsupplierportal.dnb.comfwebapp/wcs/stores/servlet/SupplierPortal?storeld=11696 _ 4. Litigation History. PROPOSER shall report any litigation or regulatory action that has been filed against 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 may result in the disqualification of the firm for this project. SU BM ITT AL 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. 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: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & TiUe, 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-performance~ 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 solicitation. For each individual or entity with a controlling financial interest indicate whether or not ................ -···-··--·-··-· -· -··-· -· -· -···-····· -· ........... ··-··· .. -·-···---··--···-·-·-···-···· .. ·-·-··-·· G .·_ .. :···-·.,. :-1 ·--·---·-··-·--·-·---·------·-·-·-··--···-·---·--····-·--·-··-···---·-·-··-----···-···-··- Page 3 101 ITN 2014-l 30MF, Online City Store Appendix B 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 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/. 9. 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 $12.9211lr 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 (CPl-U) Miami/Fl. 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. 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 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 localed in the United States, but outside of the City of Miami Beach limits, who are direcUy 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]YES ~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? ~YES ~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. G .,. Page 4 102 ITN 2014-130MF. Online City Store Appendix B 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/procurement/. 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 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 e-procuremenl 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 lo this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in PROPOSAL disqualification. Initial to Confimi Initial to Confinn Initial to Confinn 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, submit under separate cover. lD -Page 5 103 ITN 2014-l 30MF, Online City Store Appendix B 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 solicitation, 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 solicitation, 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 detenmine 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 solicitation are submitted at the sole risk and responsibility of the party submitting such PROPOSAL. This solicitation 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 infonmation 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 solicitation, 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 solicitation, 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 solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. '9 · .. •, Page 6 104 ITN 2014-130MF, Online City Store Appendix 8 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 solicitation, 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 solicitation, 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 Re uirements 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 Florida My Commission Expires: ______ _ ···-------G Page 7 105 ITN 2014-l 30MF, Online City Store 'No Bid" Form NO PROPOSAL SUBMITTAL WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to bid _Insufficient time to respond _Specifications unclear or too restrictive _Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_ do not_ want to be retained on your mailing list for future bids of this type product and/or service. Signature: Title: Legal Company Name:---------------------- Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: Marta Fernandez Rubio PROPOSAL #2014-130-MF 1700 Convention Center Drive MIAMI BEACH, FL 33139 106 THIS PAGE INTENTIONALLY LEFT BLANK 107 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS {RFQ) No. 2014-116-SR FOR TRAFFIC ENGINEERING CONSULTING SERVICES Ke Intended Outcome Supported: Maximize efficient delive of services Supportin Data {Surve s, Environmental Scan, etc. : N/A Item Summa /Recommendation: As a service to the residents of the City, the Planning Department provides peer review services for traffic engineering consulting services. Through this Request for Qualifications, the City is seeking proposals and statements of qualifications from parties interested in providing the City with Traffic Engineering consulting services as further detailed in Attachment "A" - Solicitation for RFQ 2014-116-SR-Traffic Engineering Consulting Services. It is the intent of the City to select primary and secondary consultants to perform the requested services at fixed rates to be negotiated after award recommendation has been approved by the Commission. However, the City reserves the right to select additional providers if it is deemed to be in the best interest of the City. In no way do the contracts resulting from this Solicitation serve as a guarantee of future work. Contracts shall be executed with a Primary Contractor and a Secondary Contractor. The User Department shall issue a work order request to the Primary Contractor. The Primary Contractor shall respond within twenty-four (24) hours or one (1) business day to requests issued by the City as part of this contract to indicate availability to proceed with the assignment, including providing a scope of work. If the Primary Contractor declines to perform the work for any reason, the Secondary Contractor shall have the option to perform the work. Neither Contractor may decline services more than three (3) times. Repercussions for denial of work may include up to contract termination at the City's sole discretion. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFQ for Traffic Engineering Consulting Services for the Planning Department. RECOMMENDATION APPROVE THE ISSUANCE OF THE RFQ Advisory Board Recommendation: 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. Cit Clerk's Office Le islative Tracking: Carmen Sanchez, Ext. 6167 Sign-Offs: Dep AD C9 /\/\IA/\AIBEACH 108 Agenda Item ~ D Date ~-J~-l'f MIAMI BEACH City of Mie1mi 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: February 12, 2014 I I SUBJECT: REQUEST FOR APPROVAL TO'i AUTHORIZE THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) No. 2014-116-SR FOR TRAFFIC ENGINEERING CONSUL TING SERVICES ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFQ. BACKGROUND As a service to the residents of the City, the Planning Department provides peer review services for traffic engineering consulting services. Through this Request for Qualifications, the City is seeking proposals and statements of qualifications from parties interested in providing the City with Traffic Engineering consulting services as further detailed in Attachment "A" -Solicitation for RFQ 2014-116-SR -Traffic Engineering Consulting Services. It is the intent of the City to select primary and secondary consultants to perform the requested services at fixed rates to be negotiated after award recommendation has been approved by the Commission. However, the City reserves the right to select additional providers if it is deemed to be in the best interest of the City. In no way do the contracts resulting from this Solicitation serve as a guarantee of future work. Upon contract award recommendation by the City Commission, Successful Proposers shall provide a firm and fixed rate for two (2) project types, Project Type A and Project Type B detailed in Attachment "A" -Solicitation for RFQ 2014-116-SR -Traffic Engineering Consulting Services. Prior to completion of each year of the contract term or the execution of any options to renew, the City may consider an adjustment to the contract price based on changes in the Consumer Price Index (CPI) or 2%, whichever is lower. Additionally, Successful Proposers may be required to submit pricing for any Additional Services that may be required that are not listed in the Scope of Work. Contracts shall be executed with a Primary Contractor and a Secondary Contractor. The User Department shall issue a work order request to the Primary Contractor. The Primary Contractor shall respond within twenty-four (24) hours or one (1) business day to requests issued by the City as part of this contract to indicate availability to proceed with the assignment, including providing a scope of work. If the Primary Contractor declines to perform the work for any reason, the Secondary Contractor shall have the option to perform the work. Neither Contractor may decline services more than three (3) times. Repercussions for denial of work may include 109 City Commission Memorandum -RFQ Demolition Services February 12, 2014 Page 2 of2 up to contract termination at the City's sole discretion. The term of this contract shall be for three (3) years with two one (1} year options to renew upon the written mutual agreement of both parties. SCOPE OF SERVICES Please Reference Section 0500, RFQ 2014-116-SR for Traffic Engineering Consulting Services, included in Attachment A. MINIMUM QUALIFICATIONS Please Reference Section 0500, RFQ 2014-116-SR for Traffic Engineering Consulting Services, included in Attachment A. MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS Please Reference Section 0300, RFQ 2014-087SR for Citywide Demolition Services, included in Attachment A. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION Please Reference Section V, RFQ 2014-116-SR for Traffic Engineering Consulting 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 • ~hment A: RFQ 2014-116-SR for Traffic Engineering Consulting Services. TM/ADtlf)k!tJJ/JLM T:\AGENDA\2014\February\Procurement\RFQ 2014-116 SR-Traffic Engineering Svcs -ISSUANCE MEMO.Docx 110 REQUEST FOR QUALIFICATIONS (RFQ) FOR SERVICES TITLE: TRAFFIC ENGINEERING CONSULTING SERVICES SOLICITATION No. 2014-116-SR PROPOSAL ISSUANCE DATE: FEBRUARY 14, 2014 PROPOSAL OPENING: MARCH 18, 2014 @ 3:00 PM ISSUED BY: <9 MIAMIBEACH Sandra M. Rico, Senior Procurement Specialist DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, fl 33139 305.673.000 x 6230 I fax: 786.394.4404 I www.miamibeachfl.gov G tv\l/>Jv\I BEACH 111 - 2 -I RFQ 2014-116-SR -Traffic Engineering Consulting Services TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ........................................................................................................ N/A 0200 INSTRUCTIONS TO PROPOSERS ............................................................................. 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT .............................................. 8 0400 PROPOSAL EVALUATION ....................................................................................... 10 0500 TECHNICAL REQUIREMENTS AND SPECIFICATIONS ........................................... 12 0600 GENERAL TERMS AND CONDITIONS ..................................................................... 15 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........ 18 APPENDIX B "NO PROPOSAL H FORM ............................................................................ 25 (9. N'dAt\!il BEACH 112 - 3 -I RFQ 2014-116-SR -Traffic Engineering Consulting Services SECTION 0200 INSTRUCTIONS TO PROPOSERS 1. GENERAL: The following instructions are given for the purpose of guiding PROPOSERS in properly preparing their PROPOSALS. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. PROPOSERs shall note that various paragraphs within these bid documents have a box ( D ) which may be checked ( IZI ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the PROPOSER; if the box is not checked, the language is not made a part of the bid documents. 2. BACKGROUND: Through this Request for Qualifications, the City of Miami Beach (the City) seeks proposals and statements of qualifications from parties interested in providing the City with Traffic Engineering consulting services as further detailed in Section 0500. It is the intent of the City to select primary and secondary consultants to perform the requested services at fixed rates to be negotiated after award recommendation has been approved by the Commission. However, the City reserves the right to select additional providers if it is deemed to be in the best interest of the City. In no way do the contracts resulting from this Solicitation serve as a guarantee of future work. Upon contract award recommendation by the City Commission, Successful Proposers shall provide a firm and fixed rate for two (2} project types, Project Type A and Project Type B detailed in Attachment "A" - Solicitation for RFQ 2014-116-SR -Traffic Engineering Consulting Services. Prior to completion of each year of the contract term or the execution of any options to renew, the City may consider an adjustment to the contract price based on changes in the Consumer Price Index (CPI) or 2%, whichever is lower. Additionally, Successful Proposers may be required to submit pricing for any Additional Services that may be required that are not listed in the Scope of Work. Do not submit pricing with your Proposal Submittal. A contract shall be executed with a Primary Contractor and a Secondary Contractor. The User Department shall issue a work order request to the Primary Contractor. The Primary Contractor shall respond within twenty-four (24) hours or one (1) business day to requests issued by the City as part of this contract to indicate availability to proceed with the assignment, including providing a scope of work. If the Primary Contractor declines to perform the work for any reason, the Secondary Contractor shall have the option to perform the work. Neither Contractor may decline services more than three (3) times. Repercussions for denial of work may include up to contract termination at the City's sole discretion. The term of this contract shall be for three (3) years with two one (1) year options ta renew upon the written mutual agreement of both parties. 3. SOLICITATION TIMETABLE. The tentative schedule for this Solicitation is as follows: Solicitation Issued February 14, 2014 Pre-Proposal Meeting February 28, 2014, 10:30 AM Deadline for Receipt of Questions March 7, 2014 Proposals Due March 18, 2014 Evaluation Committee Review TBD Tentative Commission Approval Authorizing Negotiations TBD (9 /v\IA/Vd BEACH 113 -4-I RFQ 2014-116-SR -Traffic Enginc;ering Consulting Services 4. QUESTIONS: Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy ta the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado@miamibeachfl.gov ; or facsimile: 786-394-4404. The Bid title/number shall be referenced an all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses ta questions/clarifications will be sent to all prospective PROPOSERs in the farm of an addendum. Procurement Contact: Sandra M. Rico Telephone: 305-673-7000, x 6230 Email: srico miamibeachfl. av 5. PRE-PROPOSAL MEETING. A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the fallowing address: City of Miami Beach City Hall · 4th Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 PROPOSERs interested in participating in the meeting via teleconference shall dial in using the following instructions: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 1142644# (note that number is followed by the pound key) Proposers who are interested in participating via telephone shall send an e-mail to the Procurement Contact named herein expressing your intent to participate via telephone at least twenty-four (24) hours in advance of the meeting. Balance of Page Intentionally Left Blank (9 !v\IA1\~I BEACH 114 - 5 -I RFQ 2014-116-SR -Traffic. Engineering Consulting Services 6. PRE-PROPOSAL INTERPRETATIONS. Only questions answered by written Addenda will be binding and may supersede terms noted in this Solicitation. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date established for receipt of PROPOSALs. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence.,, The Cone of Silence ordinance is available at http://library,munlcode.comflndex.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the procurement director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfi ,gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE -CITY CODE SECTION 2-486 • CAMPAIGN CONTRIBUTIONS BY CONTRACTORS-CITY CODE SECTION • DEBARMENT PROCEEDINGS -CITY CODE SECTION 2-397 THROUGH 2-485 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -CITY CODE SECTION 2-481 THROUGH 2-486 • LIVING WAGE REQUIREMENT -CITY CODE SECTION 407 THROUGH 410 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED CONTRACTORS -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 2-37 4 • PROTEST PROCEDURES -CITY CODE SECTION 2-371 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to all prospective PROPOSERs. 10. PROTESTS. Protests concerning the bid specifications, requirements, and/or terms; or protests after the PROPOSAL due date in accordance with City Code Section 2-371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. G rAIAMI BEACH 115 .~. C, ~ J RFQ 2014-116-SR -Traffic En9ineering <:onsulting Services 11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3747, a five (5) point preference will be given to a responsive and responsible Miami Beach-based vendor. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be made to the Miami Beach-based vendor who is certified by Miami-Dade County as a Minority or Women Business Enterprise. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3748, the City shall give a five (5) point preference to a responsive and responsible PROPOSER which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more PROPOSERs which are a small business concern owned and controlled by a veteran{s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an Solicitation or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. 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 to negotiate a an agreement for services, including compensation, with one or more PROPOSER(s) that the City Manager 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 perfonnance 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. 14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all PROPOSALs prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty {120) calendar days after PROPOSALS opening date. A PROPOSER may not withdraw its PROPOSALs unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of PROPOSALs opening. (9 /Vd,i\1\~I BEACH 116 • 7 -I RF()2014-l l 6-SR -Traffic ~ngineerin9 ConsultingSeNices 15. 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. 16. 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. 17. 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. 18. 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. Balance of Page Intentionally Left Blank (9 /VdAlv\I BEACH 117 -8 -j RFQ 2014-116-SR -Traffic Engineering Consulting Services SECTION 0300 PROPOSAL SUB MITT AL INSTRUCTIONS AND FORMAT 1. SEALED PROPOSALS. One original PROPOSAL (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Solicitation Number, Solicitation Title, PROPOSER Name, PROPOSER Return Address. PROPOSALs received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE PROPOSALS. PROPOSALs are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the date and time established for receipt of proposals will be considered late and not be accepted or will be returned to the PROPOSER unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL SUBMITTAL 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 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 do not include the required information will be deemed non-responsive and will not be considered. TAB 1 The Minimum Eligibility Requirements for this solicitation are noted in Section 0500 (Specifications and Technical Requirements). PROPOSER shall submit detailed verifiable information affirmatively documenting compliance with each minimum eligibility requirement. PROPOSERs that fail to comply with minimum eligibility requirements will be deemed non-responsive and will not be considered. TAB 2 • erience & Qualifications. Qualifications of Proposing Firm. Describe experience and qualifications of the PROPOSER in performing the services sought in this Solicitation, including: 2.1 Firm History & Prior Experience. Submit detailed Information regarding the firm's history and relevant experience, including but not limited to: 2.1.1 Documentable, proven track record of providing the scope of services similar as identified in this solicitation. Indicate the firm's number of years of experience in providing transportation planning and traffic engineering professional services. 2.1.2 List all projects undertaken in the past five (5) years, describe the scope of each project in physical terms and by cost, describe the respondent's responsibilities, and provide the name and contact telephone number of an individual in a position of responsibility who can attest to respondent's activities in relation to the project. 2.1.3 Provide the name(s) of the person (s), within your organization, who would be the designated project manager for each project. Provide a comprehensive summary of the experience and qualifications of these Project Managers. 118 - 9 -I RFQ 2014-l l 6~SR-Traffic Engineerin9C:onsulting Services 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 far each PROPOSAL team member to be assigned to this contract. 2.3 Financial Capacity. Each PROPOSER shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein via e-mail. The cost of the preparation of the D&B report shall be the responsibility of the PROPOSER. The PROPOSER shall request the SQR 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 capab11ity including latest annual reviewed/audited financial statements with the auditors' 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. 2.4 PROPOSAL Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. TAB3 Approach and Methodolog In detail, provide a response to each of the scope of services requirements outlined in Section 0500. Where applicable, PROPOSER should provide verifiable documentation of prior experience with a specific proposed deliverable. Balance of Page Intentionally Left Blank (9 /v~l/\MI BEACH 119 -10 -I RFQ 2014-116-SR -Traffic Engineering Consulting Services . SECTION 0400 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 the Solicitation. If further information is desired, PROPOSERs may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of PROPOSALs will proceed in a two-step process. 2. Step 1 Evaluation. 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 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: • Review and score all PROPOSALs received, with or without conducting interview sessions; or • Review all PROPOSALS received and short-list one or more PROPOSERs to be further considered during subsequent interview session(s) (using the same Step 1 criteria). Step 1 -Qualitative Criteria Maximum Points Proposer Experience and Qualifications, including Financial Capability Approach and Methodology 50 50 TOTAL AVAILABLE STEP 1 POINTS 100 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the PROPOSERs may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2 -Quantitative Criteria Miami Beach-Based Vendor Preference Veterans Preference 5 5 TOTAL AVAILABLE STEP 2 POINTS 10 Balance of Page Intentionally Left Blank (9 MIAN1I BEACH 120 -11 -I RFQ 2014-116-SR -Traffic Engineering Consulting Services 5. Determination of Final Ranking. 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: 82 76 80 12 92 2 79 85 72 12 84 3 66 *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, which may be different than final ranking results. Balance of Page Intentionally Left Blank e MIA/v~I BEACH 121 ' • 12 -I RFQ2014-l 16-SR -Traffic Engineering Consulting Services SECTION 0500 TECHNICAL REQUIREMENTS AND SPECIFICATIONS 1. MINIMUM QUALIFICATIONS REQUIREMENTS. In order to be considered, PROPOSERS shall meet or exceed the following minimum qualification requirements. PROPOSERS who fail to meet the minimum qualification requirements will be deemed non-responsive. 1. Successful Proposer Firms must be located within Miami Dade, Broward, or Monroe Counties. Proposers shall submit verifiable evidence of compliance with their Bid Submittal. 2. Project Team Qualifications: Proposers shall submit verifiable evidence of at least ten (10) projects completed within the past five (5) years providing services similar to those noted for Project Type "B" below. Proposers shall submit at a minimum the following information for each reference: a. Client Name, Address, Phone Number & Email address b. Brief narrative of the project c. Approximate month and year that the project was completed d. Role of the proposer and assigned responsibilities 3. Project Manager Experience: Proposers shall submit verifiable evidence that intended Project Managers have completed at a minimum five (5) projects in the past fifteen (15) years in Traffic Engineering Services. Proposer must also list the percentage of time each listed intended Project Manager shall be available to provide the services described herein. Project managers must be a licensed Professional Engineer in the State of Florida. 2. SCOPE OF SERVICES REQUIREMENTS. In order to be considered, PROPOSERs shall provide the following services: PROJECT TYPE "A": • Review traffic impact studies submitted by land developers for proposed projects in Miami Beach. • Provide prompt input to Planning Department staff on the accuracy of the information provided in the studies as they relate to the impact to the existing City transportation system. Expected response time would be within five working days after receiving the traffic study. The peer reviewer will be required to visit the project site prior to submitting the review of the study. The site visit date shall be documented as part of the review memo to be submitted to the City. • Determine the impact based on trip generation using the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual for the proposed modifications/developments. • Validate/Assess travel demand growth based on the forecasted historical and long range transportation plans. • Validate the traffic data collection. • Validate micro-simulation runs to assess existing and future level of service conditions. • Validate the queue analysis for all intersections and driveways. • Validate propose roadway improvements to mitigate possible traffic impacts. • Conduct a field site visit and document as part of the review of the traffic study the date/time of visit. • Review study findings and recommendations. t;e MIAiV\I BEACH 122 -~ 3 - [ RFQ 2014-116-SR -Tr(lffiC Engineering Consulting Services • Prepare a memorandum containing comments of the traffic study considering all pertinent information. • Participate and attend meetings including attending a Planning Board hearing to respond to questions on the review of the traffic study. The consultant(s) shall also be available to discuss issues related to the study via conference calls, as needed. • Review of on-site and off-site vehicular circulation, including appropriate signage and striping at a minimum. PROJECT TYPE "B": • Project Type "B" shall include all of the items included in Project Type "A" listed above and shall also include the following services: o Review of geometric and operational analysis of all options/alternatives proposed or considered. o Assessment of valet parking operation based on mechanical parking or automated parking systems. Familiarity with the operation of these parking systems is highly desirable. o Consider additional potentially feasible alternatives not included in the study. o Review self-parking and/or valet parking assumptions. o Run Auto Turn templates to check on adequacy of turning radii as part of the proposed site circulation. o Review Transportation Demand Management Plan. 3. TERM OF CONTRACT. The term of the contract shall be for THREE (3) years with tw (2) one (1) year options to renew upon written mutual agreement. 4. PRICES. All prices shall be negotiated with the selected PROPOSER(s). 5. EXAMINATION OF CITY FACILITY AND INSPECTION OF CITY EQUIPMENT. Intentionally omitted. 6. EQUAL PRODUCT. Intentionally omitted. 7. LIQUIDATED DAMAGES. Intentionally omitted. 8. INDEMNIFICATION AND INSURANCE. The Provider shall furnish to the Department of Procurement Management, City of Miami Beach, 1700 Convention Center Drive, Jrd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used 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 (g 1\:\lf\1\'\I BEACH 123 -14 -I RFQ 2014-116-SR -Traffic Engineering Consulting Services 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 AM. 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 3Ro 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. 9. BID GUARANTY. Intentionally omitted. 10. PERFORMANCE BOND. Intentionally omitted. 11. CERTIFICATIONS. Intentionally omitted. 12. SHIPPING TERMS. Intentionally omitted. 13. DELIVERY REQUIREMENTS. Intentionally omitted. 14. BACK ORDER ALLOWANCES. Intentionally omitted. 15. WARRANTY/GUARANTEE REQUIREMENTS. Intentionally omitted. 16. BALANCE OF LINE OPTIONS. Intentionally omitted. 17. OTHER CONDITIONS. Intentionally omitted. 18. PRODUCT SPECIFICATIONS. Intentionally omitted. 19. PERFORMANCE SPECIFICATIONS. All performance requirements shall be negotiated with the selected PROPOSER(s) e MIAMIBEACH 124 2 3 4 5 6 7 8 9 SECTION 0600 GENERAL TERMS AND CONDITION GENERAL TERMS AND CONDITIONS. It is the responsibility of the PROPOSER to become thoroughly familiar with the Bid 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. MODIFICATION/WITHDRAWALS OF PROPOSALS. A PROPOSER may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and lime. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due 10 dale and before said expiration date and letters of withdrawal received after contract award will NOT be considered. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The PROPOSER may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. PROPOSERs are requested to provide prompt payment 11 terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with tenms and conditions stated herein. Each item must be bid 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 bid(s). TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 12 MISTAKES. PROPOSERs are expected to examine the specifications, delivery schedules, bid 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 bid being non-responsive. 13 CONDITION AND PACKAGING. PROPOSER guarantees items offered and delivered to be the current standard production model at time of bid 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 Bid, all manufactured items and fabricated assemblies shall be UL listed or re-14 examination listing where such has been established by UL for the item(s) offered and furnished. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 15 EQUIVALENTS. If a PROPOSER offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipmentJsupplies shall conform in quality, design and construction with all published claims of the manufacturer. The PROPOSER shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY 125 deviation from the specifications as listed in the Bid. 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. 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. 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 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. 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 bid 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 PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "PROPOSAL FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. SAMPLES. Bids 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 bid 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 bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 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 lime 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 30 A.M. to 4:00 P.M. 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. If any equipment or supplies supplied to the City are found to be defective, -15 -1 RFQ 2014-116-SR -Traffic Engineering Consulting Services 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. 16 PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect. and properly invoiced. 17 DISPUTES. In case of any doubt or difference of opinion as to the items and/or 27 services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 18 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 !hat in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or 28 ignorance by the PROPOSER with/of Applicable Laws will in no way be a cause for relief from responsibili!J'. 19 PATENTS & ROYALTIES. The PROPOSER shall indemnify and save harmless 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, 29 process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the PROPOSER uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 20 OSHA. The PROPOSER warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safe!J' and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed 30 breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the PROPOSER. 21 MANNER OF PERFORMANCE. PROPOSER agrees to perform its duties and 31 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 32 the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. PROPOSER further certifies that ii and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable 33 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 22 SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 23 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. 25 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.$73- 7524 (fax} or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). materials or perfonrn work or services as a result of the Bid, 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. PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful PROPOSER to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. DEFAULT. Failure or refusal of a PROPOSER to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid 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 CANCELLATION. In the event any of the provisions of this Bid 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 tenrninate 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 BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering Ci!J' department. SUBSTITUTIONS. After award of contract, the Ci!J' WILL NOT accept substitute shipments of any kind, without previous written approval. The PROPOSER is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the PROPOSER's expense. FACILITIES. The City, through its Ci!J' 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. CLARIFICATION ANO ADDENDA TO PROPOSAL SPECIFICATIONS: If a PROPOSER is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the PROPOSER must submit to the City, at least ten (10) calendar days prior to the scheduled Bid opening date, a request for clarification. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from PROPOSERS, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The PROPOSER shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. 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 Ci!J' via formal written Addendum to this Bid. 26 LIABILITY, INSURANCE, LICENSES AND PERMITS. Where PROPOSERs Any questions or clarifications concerning the Bid shall be submitted in are required to enter or go on to City of Miami Beach property to deliver writing to the Department of Procurement Management (DPM) 1700 (9 MIAMI BEACH 126 -16 -I RFQ 2014-116-SR -Traffic Engineering Consulting Services The City will not be responsible for explanations. interpretations, or answers to 40 questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid 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 34 DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the PROPOSER's facility may be made prior to the 41 award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. PROPOSERs must be able to demonstrate a good record of performance for a reasonable period of time, and have suffcient 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 Bid. D. The terms 'equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. 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 42 City. F. The City may require PROPOSERs 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 bid may render the bid non-43 responsive. G. 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 suffcient financial support, equipment, and organization as prescribed in this 44 bid. 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 45 organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35 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, lo any person, company or corporation, without the prior written consent of the City. 36 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. 46 37 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 47 government or non-profit agency. 38 SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid 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. 39 ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears ta the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 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 Bid. 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. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids 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 bid or bids. "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. Bid or bids found to be collusive shall be rejected. PROPOSERs who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The PROPOSER's bid in response to the Bid. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation a1 the Bid opening because of a disability must contact the Procurement Division. 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 Bid TIE PROPOSALS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to PROPOSERS 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 PROPOSERs 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. DELIVERY TIME. PROPOSERS shall specify in the attached Bid 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 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 Bid 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. 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. Notwithstanding the above, the successful PROPOSER shall not be ~ /vilA1\~I BEACH 127 relieved of liabillty to the City for damages sustained by the City by virtur;i 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 detennlned. The City may, at Its dlscrel\on, provide reasonable "cure period' for any contractual violation prior to termination of the contract; should the success1ul PROPOSER fail to take Iha corrective acllon specified in the City's notice of default within the allotted cure per\od, then the City may proceed to terminate the contract for cause In accordance with lhis subsection 1.57. 43 TERMINATION FOR CONVENIENCE OF CITY, The City may, for its convenience, terminate lhe work and/or selVices 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 rlleelpt by PROPOSER of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered lo the pity. If the contract Is terminated by the City~ provided In lhls subseotlon, the City shall compensate Iha successful 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 services ;;ictually 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 10 the successful PROPOSER for any profits thal the successful PROPOSER expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful PROPOSER upon a termination as provided for In this subsection. 49 INDEMNIFICATION. The successful PROPOSER shall indemnify and hold harmless the City and its officers, employees, agents and Instrumentalities from 11ny and 1111 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, agenls, servants, partners, principals or subcontractors. The successful PROPOSER shall pay all claims and losses In .connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of lhe City, where applicable, including appellate proceedings, and shall pay all costa, judgments, and attorney's fees which may be incurred thereon. The successful PROPOSER expressly understands and agrees thal any Insurance protection required by this Agreement or olheiwise provided by the successful PROPOSER shall In no way limit the responsibility to Indemnify, keep and save harmless and defend the City or its officers, employees, agents and Instrumentalities as herein provided. The above Indemnification provisions shall survive the expiration or termination of this Agreement. 50 EXCEPTIONS TO PROPOSAL. PROPOSERs are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. PROPOSERs who fall to satisfy the requirements in this Bid, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able lo meet one (1) or more of the requirements set forth in this Bid 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 bids. The City resetves the right lo revise the scope of services via Addendum prior to the deadline for receipt of bids. 51 FLORIDA PUBLIC RECORDS LAW. PROPOSERs are hereby notified thal all Bid Including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, ands. 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 bids, whichever Is earlier. Addillonally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not llmfted to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency In order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would .provide the records and at a cost that does not exceed lhe cost provided in this chapter or as olheiwise provided 52 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 tran~fer, at no cost. to the public agency all public records in possession of the conlraclor upon termination of the contract and destroy any duplicate public records lhal are exempt or confidential and exempt from public reoords disclosure requirements. Ail records stored electronically must be provided to the public agency in a format that is compatible with lhe information technology systems of tne public agency. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract pasl the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. G M.iAMI BEACH 128 18 l R FQ 2014-11 6-SR -Traffic Er1Qi11eering Consulting Ser:vices APPENDIX A MIAMI BEACH PROPOSAL Certification, Questionnaire & Requirements Affidavit RFQ 2014-116-SR Traffic Engineering Consulting Services DEPARTMENT OF PROCUREMENT MANAGEMENT 1 700 Convention Center Drive Miami Beach, Florida 33139 (9 /\1\IA/v\I BEACH 129 19 I . RFQ 2014-116-SR -Tr<:Jffic; ~~~ineering Consulting S~rvices Solicitation No: Solicitation Tille: RFQ 2014-116-SR Traffic Engineering Consulting Services Procurement Contact: Tel: I Email: Sandra M. Rico 305.673.7000 x 6230 srico@miam l beach fl. 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: OTHER NAME(S) PROPOSER 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. (9 MIAMlBEACH 130 20 I RFQ 2014-116-SR -Traffic Engineering Consulting Services 1. 2. Miami Beach Based (Loc 1 al) Veldor. Is PROPOSER claiming Miami Beach based firm status? YES CJ NO SUBMITTAL REQUIREMENT: PROPOSERs claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, to demonstrate that the PROPOSER is a Miami Beach Based Vendor. Veteran Owned Business. Is PROPOSER claiTing a leteran owned business status? CJ YES NO SU BM ITT AL 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. 3. Financial Capacity. A Dun & Bradstreet Supplier Qualifier Report (SQR) is required for each PROPOSER. PROPOSER shall request Dun & Bradstreet to send the Supplier Qualifier Report (SQR) directly to the City through electronic means. The cost of the preparation of the Dun & Bradstreet report shall be the responsibility of the prospective Provider. In addition to the D&B information, the City may require PROPOSERs shall submit financial statements for each of their last two complete fiscal years within ten (10} calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each PROPOSERs involved in the co-venture must submit the required financial capacity documents. SUBMITTAL REQUIREMENT: A Dun & Bradstreet Supplier Qualifier Report (SQR} is required to be received by the City directly from Dun & Bradstreet through electronic means. The prospective Provider shall request the report from D&B at https :/Is upplierportal .d nb.com/webappfwcs/stores/serv let/SupplierPo rtal?sto reld=11696 . 4. Litigation History. PROPOSER shall report any litigation or regulatory action that has been filed against 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 aetion 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 may 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. 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: For each reference submitted, the following information is required: 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-performanc~ public sector agency? c::::::::J YES L__J 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 solicitation. For each individual or entity with a controlling financial interest indicate whether or not e 1\/,IAMIBEACH 131 ~1 I RFQ 2014-116-SR -Traffic Engineering Consulting ~ervices 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.2{)00-23879, 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.miamibeachfi.gov/procuremenU. 9. 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 infiation using the Consumer Price Index for all Urban Consumers (CPl-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/procuremenU. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, PROPOSER agrees to the living wage requirement. 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 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 C=:J NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? C=:J YES c::::::::J NO c. Please check all benefits that apply to your answers above and list in the "other'' section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. e MIAMIBEACH 132 22 I RFQ 2014-116-SR -Traffic Engineering Consulting Services 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/procurement/. 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 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 suomit bids, PROPOSALs, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, PROPOSER agrees with the requirements of Section 287 .133, Florida Statutes, and certifies it has not oeen 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 Addendum4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, suomit under separate cover. G /Vdfa.MI BEACH 133 23 I RFQ 2014-l 16-SR -T.raffic Engineering Consulting Services .. 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 solicitation, 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 solicitation, 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. AJly 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 awarcl process, or whether any award will be made. AJJy 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 solicitation are submitted at the sole risk and responsibility of the party submitting such PROPOSAL. This solicitation 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 moclified, 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 clocuments 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 lts knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all PROPOSERs agree that in the event of a final unappealable juclgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, 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 ancl Disclaimer which imposes no Hability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. (9 MIAMI BEACH 134 24 I RFQ 2014~116~SR -Traffic Engineering <::onsulting Servic:es .. 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 solicitation, 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 solicitation, 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 Re uirements Affidavit are true and accurate. Name of PROPOSER's Authorized Representative: Title of PROPOSER'S Authorized Representative: Signature of PROPOSE R'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 Florida My Commission Expires: ______ _ (9 1'v\IAMI BEACH 135 :25 I RFC;} 2014-116-SR -Traffic Engineering Consulting Services NO PROPOSAL SUBMITTAL WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to bid _Insufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_ do not_ want to be retained on your mailing list for future bids of this type product and/or service. Signature: Title: Legal Company Name:---------------------~ Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT PROPOSAL #2014-128-MF 1700 Convention Center Drive MIAMI BEACH, FL 33139 (9 .l'v\IA/v\IBEACH 136 THIS PAGE INTENTIONALLY LEFT BLANK 137 COMMISSION ITEM SUMMARY Condensed Title: REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTINE OPERATIONAL REQUIREMENTS Key Intended Outcome Suooorted: 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 CPl-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, as stipulated in each contract's solicitation. 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 aoreement with RBC Capital Markets, LLC. 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 continqent upon approved budgeted funds being available. City Clerk's Office Legislative Tracking: City Manager City Manager JLM T:'AGENDA\2014\February\Procurement\February Contract Renewal Summary.doc C;;lc AGENDA ITEM ___ r-... __ DATE .;J.-/). -/l( MIAMI BEACH 138 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales City Manager DATE: February 12, 2014 SUBJECT: REQUEST APPROVAL T CONTRACTS FOR ROUTIN ADMINISTRATION RECOMMENDATION Approve the recommendation. BACKGROUND ION MEMORANDUM EXERCISE TERM RENEWAL OPTIONS ON OPERATIONAL REQUIREMENTS 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 CPl-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 appllcable 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 as stipulated in each contract's solicitation. The justification for renewing each is included with the contract information. r·· canfracfNumber: ' Renewal Period: ! RFP-20-06/07 ·-................... -............. 3 .... 1 .... 1 ...... 4 ..... t?Q 1 ~. ~.~EQ.':1.9.b. ~!J_.?!?.91 ? ................. _ . ! Title: ' ! [F.i!:l_C1f1(;iC11A9yi~9ry§~_ryi~~.fC?~~ ... fiy13~Ye_C1! .. F:>~~_i9.~LY.Yit_hfiy~9.~.~:.Y~~!B~r113vv§11Qp~iQ~~- , Contractor: 1 .... B.l?Q .. g.C1.P.i!C1.1 ... M.C1!k.~!~ ........ ~.~g.: ....................................................................... . - ! ; ; ' ! Brief Scope: I Financial advisory services which includes financial planning, project financial analysis, ••• .... , ... ,,. .. ,,. .. ,,. .. ,,. .. ,,. .. ,,. .. ,,. .. ,,. .. ,, ••• ,,._, __ ,_~, ... ,._, _____ ,m,,., ... , ... , .... , .... ,,. .. , .......................... ,_, ... , ... ,,, .. ,, ... ,, ....... , ......... ,, ... , •• , .. ,_ ... ROOOHO"HI I investment management, debt issuance, reporting, evaluation of proposals, development of : I financial strategy for capital projects taking into consideration the City's short and long term i ; financial needs, available financing options and alternative debt structures, and computer ! : support and modeling for complex financial analysis. The firm will also assist in the selection of : l il1."-~~!~13!1tb§l!1_~i~_9.!~9'!1~ forth139!Y: ............. . .. ___________ ..................... ···---·-··························-·--_ -·· _ .......... _ ! Best Interest Justification: I RBC Capital Markets acts as Financial Advisors for the City's ongoing capital program, including I Water & Sewer Bonds, Stormwater Bonds, Parking Bonds, and with the Line of Credit financing ! program. They are currently assisting the City with the financing plan for the undergrounding of · the utilities for Sunset Islands 3 & 4, and the Miami Beach Convention Center Expansion · Project. RBC Capital Markets also provides the City with various other financial advisory services such as: 139 City of Miami Beach -Commission Memorandum 12 Contract Renewals for Routine Operational Requirements • Review existing debt structure and financial resources to determine available borrowing capacity. • Advise as to market conditions and recommend the timing of the sale of bonds. • Provide information concerning the structure of proposed financing programs as well as those used by other issuers. • Advise on the most efficient structure for each issue. • Advise as to the advantages and disadvantages of municipal bond issuance or other credit enhancements. • Assist in negotiating the interest rates proposed by the underwriters. • Participate in annual rating agency reviews and updates. • Schedule and participate in rating agency presentations for financing. • Review the bond purchase agreement and advise as to its acceptance or rejection in light of market conditions. • Assist legal counsel in the preparation and distribution of the Official Statement. • Arrange for distribution of the Official Statement to bond underwriters and investors in accordance with the objectives communicated by the City. Although the City uses RBC Capital Markets on a continuous basis, they are not compensated , until the City issues bonds. Their fees are part of the cost of issuance that are paid from the '., ... l?.9.ri.9 ... P.~_q_9-.~~-q~ : ....... ·-· -. --._ .. __ .. _ .. _ .......... ·-----.. -·-·-·-·-······ ,_, -----·-·-·-.. -- ---.. -------.-,-................. -..... -. .. .. .. . ------------· '"' ......... ,. ............. .. CONCLUSION The Administration recommends that the Mayor and City Commission approve the extension of agreelmwith RBC Capital Markets, LLC. JLM I K I AD T:IAGEN l'l.\2014\February\Procurement\February 12 Contract Renewal Memo.docx 140 THIS PAGE INTENTIONALLY LEFT BLANK 141 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval to Award Contracts Pursuant to Invitation to Bid (ITB) No. 069-2013 For The Cit ide Maintenance Of Elevators Key Intended Outcome Supported: Ensure well maintained facilities Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The purpose of this item is to request approval of a contract for the maintenance of elevators pursuant to ITB 069-2013. Elevator maintenance is required on all City-wide locations as noted in the ITB. The Contractor shall provide all supervision, administrative and technical support, labor, subcontractors, materials, tools, supplies and equipment, and shall plan, schedule, coordinate and assure effective completion of all elevator maintenance services. 18 vendors were notified of the solicitation. Seven (7) responses were received in response to the solicitation. After review of responses received, it is recommended that the contract for these services be awarded to Eastern Elevator Service, Inc. as primary vendor, Xpert Elevator Services as the secondary vendor to be utilized should Eastern fail to comply with the terms and conditions of the contract, and further select Oracle as tertiary vendor should Xpert Elevator fail to comply with the terms and conditions of the contract. RECOMMENDATION Award contracts to: Eastern Elevator Service, Inc., as primary vendor; Xpert Elevator Services, Inc. as secondary vendor; and, Oracle Elevator Company as tertiary vendor. Initial term shall be three years, with three one-year optional renewals, as stipulated in the ITB. Advisory Board Recommendation: c Financial Information: Source of . Amount Account Funds: I~ 1 $ 43, 163 520-1720-000325 Contract Maintenance 02 $ 56,000 480-0463-000325 Contract Maintenance ))3 $ 30,000 480-0463-000342 Repairs Y4 $ 10,500 467-1996-000325 Contract Maintenance ~J i 5 $ 3,000 467-1996-000342 Repairs lY6 $ 19,480 463-1990-000325 Contract Maintenance 11 7 $ 5,000 463-1990-000342 Repairs OBPI 8 Total $167,143 Financial Impact Summary: The annual cost associated with City-wide maintenance of elevators services is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted above are the FY 2014 budget amounts approved by Commission. Ci Clerk's Office Le islative Trackin Alex Denis, Ext. 7 490 Si n-Offs: ETC MIAMI BEACH 142 City Manager AGENDA ITEM __ C,_~_F_ DATE t?-/.,1-If/ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWA D CONTRACTS PURSUANT TO INVITATION TO BID (ITB) NO. 2013-069 FOR THE ITYWIDE MAINTENANCE OF ELEVATORS ADMINISTRATION RECOMMENDATION Approve the award of contracts. KEY INTENDED OUTCOME Ensure well maintained facilities. FUNDING The annual cost associated with Elevator Maintenance 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. $ 43, 163 $ 56,000 $ 35,000 $ 10,500 $ 3,000 $ 19,480 $ 5,000 $167,463 520-1720-000325 Property Management Contract Maintenance 480-0463-000325 Parking Contract Maintenance 480-0463-000342 Parking Repairs/Maintenance Supply 467-1996-000325 Parking Contract Maintenance 467-1996-000342 Parking Repairs/Maintenance Supply 463-1990-000325 Parking Contract Maintenance 463-1990-000342 Parking Repairs/ Maintenance Supply Total 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). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2013-069 is to establish a contract, by means of sealed bids, with a qualified firm( s ), to provide elevator maintenance services for the City of Miami Beach (the "City"), in accordance with the prescribed specifications and requirements. The contract(s) entered into with the successful bidder(s) will have an initiated term of three (3) years. 143 Commission Memorandum !TB 2013-069 Citywide Maintenance of Elevators February 12, 2014 Page 12 This contract may be extended, upon the same terms and conditions, at the sole discretion of the City, through its City Manager, for two (2} additional one (1) year terms. During the renewal term, the City may consider price increases not to exceed the applicable Bureau of Labor Statistics (www.bls.gov) CPl-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. The Contractor shall provide all supervision, administrative and technical support, labor, subcontractors, materials, tools, supplies and equipment, and shall plan, schedule, coordinate and assure effective completion of all elevator maintenance services. ITB PROCESS ITB No. 2013-069, was issued on August 27, 2013, with a bid opening date of September 24, 2013. A total of four (4) addendums were issued, to answer to questions by prospective bidders, and to conduct a site visit, thus postponing the bid opening date to October 15, 2013. The Public Group issued bid notices and 18 bidders accessed the advertised solicitation which resulted in the receipt of the following seven {7} bids: • Eastern Elevator Service, Inc. • Mowrey Elevator Company of Florida • Oracle Elevator Company • Schindler Elevator Corporation • Suncoast Elevator Solutions, Inc. • ThyssenKrupp Elevator • Xpert Elevator Services, Inc. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award per group, or in its entirety, as well as award to primary and secondary vendors, as deemed in the best interest of the City. 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 bids were tabulated and the following table shows a summary of the results. A detailed tabulation is included in Appendix A. Estimated Annual Company Name Maintenance & Reoairs • Mowerv Elevator Comoanv $ 175,647.00 Eastern Elevator Service, Inc. $ 199,080.00 Xoert Elevator Services, Inc. $ 213,045.80 Oracle Elevator $ 268,988.50 Suncoast Elevator Solutions $ 295,415.00 Schindler Elevator Corporation $ 349,145.00 Thyssenkruoo Elevator Coro $ 362,331.05 * During the evaluation of bids, Mowrey Elevator notified the Department of Procurement Management (DPM) that they would not agree to compliance with the requirements of the City's Equal Benefits Ordinance. Mowery was advised by DPM of the options available in order to meet the requirements of the ordinance, including compliance on the basis of Reasonable Measures application, which requires the vendor to pay a cash equivalent to employees for whom benefits are not available. Mowery has refused to comply; and, therefore, is deemed non-responsive to the requirements of the ITB. 144 Commission Memorandum fTB 2013-069 Citywide Maintenance of Elevators February 12, 2014 Page 13 In determining responsiveness and responsibility of the firms, the Department of Procurement Management verified the following compliance with the minimum requirements established in the ITB, financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report, and past performance through client references submitted by each bidder. Accordingly, Eastern Elevator Service, Inc. has been deemed the lowest responsive and responsible bidder followed by Xpert Elevator Service as the second, and Oracle Elevator Company as the third, lowest responsive, responsible bidders. Therefore, it is recommended the contract for these services be awarded to Eastern Elevator Service, Inc. as primary vendor, Xpert Elevator Services as the secondary vendor to be utilized should Eastern fail to comply with the terms and conditions of the contract, and further select Oracle as tertiary vendor should Xpert Elevator fail to comply with the terms and conditions of the contract. COMPANY PROFILE Eastern Elevator Service. Inc. Eastern Elevator has been in business for 16 years. Eastern specializes in all types of elevator projects, from maintenance to modernization projects, for both commercial and residential elevators, including passenger, freight, hydraulic, traction. Eastern has been servicing City of Fort Lauderdale satisfactorily for the past five year. Eastern is exempt from Equal Benefits requirements since their company has less than 51 employees. Xpert Elevator Services, Inc. Xpert Elevator was established in 2007. Xpert is an elevator installation, modernization, maintenance and repair company servicing major name brand elevators, as well as all non- proprietary equipment. Xpert is exempt from Equal Benefits requirements since their company has less than 51 employees. Oracle Elevator Company Oracle Elevator Company has been in business since 2004. Oracle is an independent elevator service company that maintains all types of elevator equipment from major brand elevators. Oracle Elevator currently has elevator service contracts with the City of Miami, Tri- Rail of South Florida, and City of Hialeah among others. Oracle has been the service provider for the City of Miami Beach during the past five years. 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 contracts to Eastern Elevator Service, Inc. as primary vendor, Xpert Elevator Services, Inc. as secondary vendor, and Oracle Elevator Company as tertiary vendor. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award contracts pursuant to Invitation to Bid (ITB) No. 069-2013 for Citywide Maintenance of Elevators to Eastern Elevator Service Inc. as primary vendor, Xpert Elevator Services, Inc., as secondary vendor, and Oracle Elevator Company as tertiary vendor. T:\AGENDA\2014\February\Procurement\ITB 069-2013 Elevator Maintenance Cityvvide -MEMO.doc 145 ~ ~ 0) APPENDIX A -TABULATED RESULTS Eastern Xpert Suncoast Schindler Mowery Elevator Elevator Oracle Elevator Elevator Thyssenkrupp Elevator* Service Inc. Services Elevator Co. Solutions Corporation Elevator Corp. Estimated Estimated Estimated Estimated Estimated Estimated Estimated Annual Annual Annual Annual Annual Annual Annual LOCATIONS Maint&Repairs Maint&Repairs Maint&Repairs Maint&Repairs Maint&Reoairs Maint&Reoairs Maint&Reoairs 1. City Hall $ ~2,897.QQ $ 15,720.00 $ 15,725.00 $19,831.50 $ 21,825.00 $ 24,495.00 $ 30,130.95 2. 777 Bui1dinq $ rn,aaG.GG $ 11,680.00 $ 12,883.60 $ 16,005.00 $ 17,070.00 $ 20,770.00 $19,931.30 3. MPMPF Building $ 2§,8~§.QQ $ 32,200.00 $ 32,209.00 $ 40,312.50 $ 43,995.00 $ 51,925.00 $ 54,289.25 4.Police Station $ t2,94a.GG $ 13,920.00 $ 15,725.00 $ 19,759.50 $ 21,825.00 $ 24,495.00 $ 23,794.95 5. Historic City Hall $ rn,9aG.GG $ 11,680.00 $ 12,883.60 $ 15,525.00 $ 17,790.00 $ 20,770.00 $ 19,931.30 6. 42nd Street oarkinq Garaqe $ rn,9a9.QG $ 11,680.00 $ 12,883.60 $ 15,525.00 $ 17,070.00 $ 20,770.00 $ 24,119.30 7. 13th Street parklnq Garaqe $ 7,2QQ.QQ $ 8,280.00 $ 9,233.60 $ 13,025.00 $ 13,300.00 $15,130.00 $ 18,781.30 8. South Shore Community Ctr $ 4.~aa.GG $ 4,640.00 $ 5,241.80 $ 6,562.50 $ 7,095.00 $ 8, 165.00 $ 7,931.65 9. Scott Rakow Youth Center $ 4,~aa.GG $ 4,640.00 $ 5,241.80 $ 6,802.50 $ 7,275.00 $ 7,625.00 $ 9, 179.65 10. Bass Museum $ Hl,29Q.QQ $ 9,280.00 $ 10,483.60 $ 14,325.00 $ 15,570.00 $16,750.00 $15,863.30 11.Fire Station# 2 $ 8,97Q.QQ $ 9,280.00 $ 11,683.60 $ 14,385.00 $ 16,410.00 $ 20,470.00 $ 17,897.30 12. North Shore park & youth Ctr $ 4,Hia.QQ $ 4,640.00 $ 5,241.80 $ 6,622.50 $ 7,095.00 $ 8, 165.00 $ 8,459.65 13. Police Athletic Leaque $ 4.~aa.GQ $ 4,640.00 $ ,241.80 $ 6,562.50 $ 7,095.00 $ 8, 165.00 $ 8,171.65 14. 12th Street Parkinq Garaqe $ 4,4aa.GQ $ 4,640.00 $ 5,241.80 $ 7,042.50 $ 7,275.00 $ 8, 165.00 $ 8,387.65 15.16th Street Parking Garage $ ~a.79a.GG $ 17,520.00 $ 18,125.40 $ 22,627.50 $ 24,765.00 $ 28,935.00 $ 32,512.95 16. Sunset Harbour Garaqe $ 9,a9G.QQ $ 9,880.00 $ 10,483.60 $ 13,365.00 $ 14,670.00 $ 16,330.00 $ 15,860.30 17.Pennsylvania Parking Garage $ 19.~ rn.GQ $ 24,760.00 $ 24,517.20 $ 30,710.00 $ 35,290.00 $ 48,020.00 $ 47,088.60 Annual Cost $ ~ 7fi,64+.00 $ 199,080.00 $ 213,045.80 $ 268,988.50 $ 295,415.00 $ 349, 145.00 $ 362,331.05 Hourly Labor Rate Reqular $aa.GG $78.00 $90.00 $125.00 $130.00 $150.00 $153.16 Hourly Labor Rate Overtime $7Q.QQ $98.00 $135.00 $187.50 $195.00 $175.00 $252.13 % Mark-up over cost of materials ~ 0% 25% 30% 25% 20% 15% * During the evaluation of bids, Mowrey Elevator notified the Department of Procurement Management (DPM) that they would not agree to compliance with the requirements of the City's Equal Benefits Ordinance. Mowery was advised by DPM of the options available in order to meet the requirements of the ordinance, including compliance on the basis of Reasonable Measures application, which requires the vendor to pay a cash equivalent to employees for whom benefits are not available. Mowery has refused to comply; and, therefore, is deemed non-responsive to the requirements of the ITB. THIS PAGE INTENTIONALLY LEFT BLANK 147 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Pipeline Plumbing of Broward And Right Way Plumbing Pursuant To Invitation To Bid ITB No. 2014-079 For Plumbin Services. Key Intended Outcome Supported: Ensure Well-Maintained Facilities. Supporting Data (Surveys, Environmental Scan, etc.): NIA Issue: I Shall the City Commission approve the award of Contract? Item Summa /Recommendation: The purpose of this item is to approve contracts for the purchase of Plumbing Services pursuant to ITB. 2014-079. This item is necessary in order to reduce the cost and time of advertising, shorten the response time and improve the efficiency and clarity in the production of the contracts for plumbing services Citywide. The City has the need from time to time for various types of plumbing service work on a scheduled basis and in emergency situations as well. Twelve (12) vendors were notified of the solicitation, with four (4) vendors downloading the solicitation. Three (3) responses were received in response to the solicitation. After review of responses received, it is recommended that the two (2) lowest responsive, responsible bidders be awarded the contract. • Pipeline Plumbing Services of Broward • Right Way Plumbing Company RECOMMENDATION Award contract to Pipeline Plumbing Service of Broward as primary and Right Way Plumbing as secondary vendor for Group I. In addition, it is recommended that Pipeline Plumbing be awarded as sole vendor for Group II. The contract(s) entered into with the successful bidder(s) will have an initial term of two (2) years, and may be renewed at the sole discretion of the Ci , throu h its Cit Mana er, for three 3 additional one 1 ear terms. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 * ~ Total Financial Impact Summary: * The annual cost associated with electrical services is subject to funds availability approved through the City's budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Budget Office. Ci Clerk's Office Le islative Trackin Alex Denis, Director Ext# 6641 MIAMI BEACH er W Plumbing Services ITEM SUMMARY.doc 148 AGENDA t TEM __ L-'-~--=-G- DATE .:2-/d--/'f MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamfbeochfl.gov ION MEMORANDUM TO: Mayor Philip Levine and Member 1 FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: REQUEST FOR APPROVAL TO A ARD A CONTRACT PURSUANT TO INVITATION TO BID {ITB) NO. 2014-079 FOR PLUMBING SERVICES ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure Well-Maintained Facilities. FUNDING The annual cost associated with electrical services is subject to funds availability approved through the City's budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Budget Office. BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-079 is to establish a contract, by means of sealed bids, with a qualified firm(s} to provide plumbing services Citywide. Services include parts, labor, materials, equipment and supervision as specified herein and, at a minimum, in accordance with generally accepted industry principles, standards and practices. The City has the need from time to time for various types of plumbing service work on a scheduled basis and in emergency situations as well. The ITB also requested bidders to provide pricing for plumbing parts and supplies for those cases in which City staff completes necessary repairs. The ITB states that the City may award up to three vendors (primary, secondary, tertiary}. Secondary and tertiary vendors would only be used in the event that the primary vendor is unable to perform the work or the City has determined, due to prior performance, it would not be in the City's best interest to award additional work. The contract(s) entered into with the successful bidder(s) shall remain in effect for two (2) years. The price offered by the Bidder in its Bid Proposal shall remain firm and fixed during the initial two (2) 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. During the renewal term, the City may consider an adjustment to price based on changes in the applicable CPl-U index. 149 Commission Memorandum /TB 2014-079 Plumbing Services February 12, 2014 Page 12 ITB PROCESS ITB No. 2014-079, was issued on December 20, 2013, with a bid opening date of January 16, 2014. One (1) addendum was issued, to answer to questions submitted by prospective bidders. The Department of Procurement Management issued bid notices utilizing the Public Group and four (4) prospective bidders accessed the advertised solicitation. Additionally, four (4) firms were notified of the ITS through the Florida Purchasing Group website. Finally, the Department of Procurement Management sent the ITB document to four (4) firms not registered with the Public Group. The notices resulted in the receipt of three (3) responsive and responsible bids from: • Ameridrain Plumbing Corp. • Pipeline Plumbing Services of Broward • Right Way Plumbing Company The ITB stated that the lowest responsive, responsible bidder(s) 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. No bidder was eligible for local preference. Pipeline Plumbing Services is a Veteran awned business; since they are the low bidder, there is no need to apply the Veteran's preference. In evaluating Group I (Equipment, Service and Parts); it has been determined that the bid received from Pipeline is the lowest responsive and responsible to the bid requirements. The second lowest responsive and responsible bid for Group I is Right Way. In evaluating Group II (Equipment and Parts), the sole responsive and responsible bidder is Pipeline. In determining responsiveness and responsibility of the bidders, in addition to verifying compliance with the scope of the ITB, the Department of Procurement Management also verified the following: • Minimum Requirements 1. Licensure I Certification. State Plumbing Contractor of Miami-Dade Master Plumbing. Current licenses must be provided with bid, and no personnel shall service City facilities without said licenses. Pipeline and Right Way both submitted copies of the State of Florida Certified Plumbing Contractors License. 2. Similar Experience. Bidder shall demonstrate previous experience in regards to the requirements of this solicitation for a period of no less than three (3) years in providing these services to at least one government agency in the Tri-County area (Miami-Dade, Broward, Palm Beach). Pipeline and Right Way both provided a minimum of three (3) government agencies for references that resulted in very positive feedback. The references provided by Ameridrain Plumbing could not be verified. 150 Commission Memorandum /TB 2014-079 Plumbing Services February 12, 2014 Page 13 • Past Performance Pipeline Plumbing Services of Broward, located in Pompano Beach, Florida, has provided plumbing services for thirty-eight (38) years. Specifically, they have provided plumbing services for the City of North Miami Beach, City of Coral Springs, City of Sunrise, and the City of Green Acres. All references contacted by Department of Procurement Management have responded with positive feedback. Right Way Plumbing, located in Sunrise, Florida; has provided plumbing services for 83 years. Specifically, they have provided plumbing services for University of Miami, Florida Department of Transportation, AT&T and BJ's Wholesale Club and the City of Miami Beach. Pricing received from Pipeline Plumbing Services of Broward and Right Way Plumbing are included in Appendix A. CITY MANAGER~s REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending ta the Mayor and the City Commission that Pipeline Plumbing Service of Broward be awarded as primary and Right Way Plumbing as secondary for Group I; and, that Pipeline Plumbing Services of Broward be awarded as the sole vendor for Group II. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract pursuant to Invitation to Bid (ITB) No. 2014-079 for Plumbing Services far Group I (Equipment, Parts and Service) to Pipeline Plumbing of Broward, the lowest responsive, responsible bidder, as the primary vendor; and that Right Way Plumbing, the second lowest responsive, responsible bidder, as the secondary vendor for Group I. Finally, it is recommended that PipeHne Plumbing of Broward be awarded as the sale vendor for Group 11, (Equipment and Parts only). 151 ~ CJ'I f\) Group Item 1A lB Group Item lC Group Item 2 I I I ·. 1Ts i'lo:: '2'o14-o79~sw' PlurillJih& s~rv1ces • Ai>i>E'NolxA;;; • · SECTION S.1-EQUIPMENT, PARTS AND SERVICE GROUP 1 PIPELINE I RIGHTWAY Ameridrain Description Hourly Rate -Regular Hourly Rate -Non Regular Description Mark-up for Parts and Supplies I Estimated Annual Service hours I I 1600 400 Estimated Annual Gross Costs (Dealer Invoice Cost) $50,000 U/M Unit Cost Hourly Rate $63.00 Hourly Rate $63.00 % of Mark-up (See Special Condition 3.23) 9% Total (Quantity x Unit Cost) $100,800 $25,200 $126,000 Net Cost (Delaer Invoice Cost x % Mark-up) $54,500 $54,500 $180,500 CORRECTION: VENDOR TOTAL $180,000; CITY TOTAL $180,500 U/M Unit Cost Hourly Rate $80 Hourly Rate $120 % of Mark-up (See Special Condition 3.23) 30% SECTION 5.2 -EQUIPMENT OR PARTS ONLY (NO SERVICE) GROUP 2 I PIPELINE Estimated Annual Gross Costs (Dealer Invoice Description I Cost) Mark-up for Parts and Supplies .. $50,000 ...... l[i % of Mark-up (See Special Condition 3.23) 15% I Net Cost (Delaer Invoice Cost x% Mark-up) $57,500 $57,500 higher% if parts only Total (Quantity x Unit Cost) U/M Unit Cost $128,000 Hourly Rate $95 $48,000 Hourly Rate $142 $176,000 Net Cost % of Mark-up (Dela er Invoice Cost I (See Special Condition x % Mark-up) 3.23) $65,000 I 15% $65,000 $241,000 I I Total (Quantity x Unit Cost) $152,000 $56,800 $208,800 Net Cost (Delaer Invoice Cost K % Mark-up) $57,500 $57,500 $266,300 THIS PAGE INTENTIONALLY LEFT BLANK 153 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To R & D Electric, AGC Electric, and Enterprise Electrical Pursuant To Invitation To Bid ITB No. 2014-080 For Electrical Services. Key Intended Outcome Supported: Ensure Well-Maintained Facilities. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the City Commission approve the award of Contract? Item Summary/Recommendation: The purpose of this item is to approve contracts for the purchase of Electrical Services pursuant to ITB. 2014-080. This item is necessary in order to meet the demands at various City facilities, shorten the response time and improve the efficiency of the quality of work for electrical services Citywide. The City requires qualified electrical contractors for the provision of various routine electrical services on an "as needed" basis, including emergency repairs and planned repairs or small projects. Thirty (30) vendors were notified of the solicitation, with seven (7) vendors downloading the solicitation. Six (6) responses were received in response to the solicitation. After review of responses received, it is recommended that the following responsive, responsible bidders be awarded the contract for Group I: R & D Electric, Inc., lowest responsive, responsive and responsible bidder, as primary vendor; AGC Electric, Inc., second lowest responsive, responsive and responsible bidder, as secondary vendor; and, Enterprise Electrical Contracting, third lowest responsive, responsive and responsible bidder, as tertiary vendor. For Group II (Equipment and Parts), it has been determined that both bids received are non-responsive. RECOMMENDATION It is recommended that, for Group I: R & D Electric, Inc., be awarded as primary vendor; AGC Electric, Inc., be awarded as secondary vendor; and, Enterprise Electrical Contracting, be awarded as tertiary vendor. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds@... 1 * Total Financial Impact Summary:* The annual cost associated with electrical services is subject to funds availability approved through the City's budgeting process. Account information and availability offunds shall be verified and approved for each request prior to procuring the services. Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Budget Office. Ci Clerk's Office Le islative Trackin Alex Denis, Director Ext # 6641 MIAMI BEACH 154 AGENDA ITEM C~ J/ DATE ,;J-/;-/'f MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: REQUEST FOR APPROVAL TO AW RD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2014-080 FOR ELECTRICAL SERVICES ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure Well-Maintained Facilities. FUNDING The annual cost associated with electrical services is subject to funds availability approved through the City's budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Budget Office. BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-080 is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide various routine electrical services on an "as needed" basis, including emergency repairs and planned repairs or small projects Citywide. The ITB also requested bidders to provide pricing for parts and supplies for those cases in which City staff completes necessary repairs. The ITB states that the City may award up to three vendors (primary, secondary, tertiary). Secondary and tertiary vendors would only be used in the event that the primary vendor is unable to perform the work or the City has determined, due to prior performance, it would not be in the City's best interest to award additional work. The contract(s) entered into with the successful bidder(s) shall remain in effect for two (2) years. The price offered by the Bidder in its Bid Proposal shall remain firm and fixed during the initial two (2) 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. During the renewal term, the City may consider an adjustment to price based on changes in the applicable CPl-U index. ITB PROCESS ITB No. 2014-080, was issued on December 20, 2013, with a bid opening date of January 16, 2014. A total of two (2) addenda were issued, to answer to questions submitted by prospective bidders. The Public Group issued bid notices and ten (10) prospective bidders accessed the advertised solicitation. Additionally, fifteen (15) firms were notified of the ITB 155 Commission Memorandum /TB 2014-080 Electrical Services February 12, 2014 Page 12 through the Florida Purchasing Group website. Finally, the Department of Procurement Management sent the ITB document to five (5) firms not registered with the Public Group. The notices resulted in the receipt of six (6) bids from: • AGC Electric Inc. • Edd Helms Electric • Enterprise Electrical Contracting, Inc. • Horsepower Electric • R & D Electric, Inc. • Thevenin Enterprises, Inc. 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. No bidders were eligible to receive veterans or local preference. In evaluating Group I (Equipment, Parts and Service) it has been determined that the bid received from R & D Electric, Inc. is the lowest responsive and responsible according to the bid requirements. The second lowest responsive and responsible bid for Group I is AGC Electrical Contracting, Inc., and the third lowest responsive and responsible bid for Group I is Enterprise Electrical. In evaluating Group II (Equipment and Parts only) it has been determined that both bids received from Edd Helms Electric and Horsepower Electric are non-responsive. The non- responsive determination is made based upon the fact that each vendor stated they are not willing to only sell equipment and parts if they are not also awarded Group I (Equipment, Parts and Service). In determining responsiveness and responsibility of the bidders, in addition to verifying compliance with the scope of the ITB, the Department of Procurement Management verified the following: • Minimum Requirements 1. Licensure I Certification: State Electrical Contractor or Miami-Dade Master Electrician. Current licenses must be provided with bid, and no personnel shall service City facilities without said licenses. R & D Electric, AGC Electric, and Enterprise Electrical each submitted copies of the State of Florida Electric Contractors License. 2. Similar Experience: Bidder shall demonstrate previous experience in regards to the requirements of this solicitation for a period of no less than three (3) years in providing these services to at least one government agency in the Tri-County area (Miami-Dade, Broward, Palm Beach). R & D Electric, AGC Electric, and Enterprise Electrical each provided a minimum of three (3) verifiable references inclusive of government agencies in which all provided very positive feedback. 156 Commission Memorandum /TB 2014-080 Electrical Services February 12, 2014 Page 13 • Past Performance R & D, located in Miami, Florida; has provided electrical services for twelve (12) years to various companies in the private and public sector. Specifically, they have provided electrical service work for the Miami Dade Police Department, City of Coral Gables, and the City of Tamarac. AGC Electric, located in Hialeah, Florida; has provided electrical services for sixteen (16) years to various companies in the private and public sector such as Miami-Dade County, City of Miami Beach, Miami Dade County Public Schools and the Florida Department of Transportation. Enterprise Electrical located in Miami, Florida, has provided electrical services for eight (8) years to various companies in the private and public sector inclusive of City of Opa-locka, FPL, Central Florida Equipment, Inc., and the City of Miami Beach. Pricing received from R & D, Inc., AGC Electric and Enterprise Electrical is included in Appendix A. 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 that: R & D Electric be awarded as primary; and AGC Electric as secondary; and Enterprise Electrical as tertiary for Group I. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract pursuant to Invitation to Bid (ITB) No. 2014-080 for Electrical Services for Group I (Equipment, Parts and Service) to: R & D Electric, the lowest responsive, responsible bidder as the primary vendor; and AGC Electric, the second lowest responsive, responsible bidder as secondary vendor; and, Enterprise Electrical, the third lowest responsive, responsible bidder, as tertiary vendor. For Group II (Equipment and Parts) it has been determined that both bids received from Edd Helms Electric and Horsepower Electric are non-responsive as noted above. F:\PURC\$ALL\Solicitations\2014\2014-080-SW Electrical Services\ITB 2014-080-SW Electrical Services -MEMO.doc 157 ~ CJ'I 00 Group Item lA lB Group Group Item 2 ITB 2014-080 SW ELECTRICAL SERVICES COMMISSION MEMO -APPENDIX A SECTION 5.1-EQUIPMENT, PARTS AHO SERVICE GROUP 1 Estimated An11ual Ser\llC:e Oesaiction hours U/M Hourly Rate -Re ular 1600 Hourly A ate Hourly Rate -Non Re ular 400 Hourly Rate .. Estimated Annuat Gross Co•ls I % of Mark-up {Deal-et Invoice {See Special SECTION 5.2 -EQUIPMENT OR PARTS ONl Y GROUP2 Estimated Anni.Jal Gross Costs [De-aler Descrilltion lnvoic::e CosO Mark-up for Parts .anC Supplies $135,000 . . . AGC ELECTRIC EDD HElMS £LEC Total (Quantity x UnJt Total Unit Cost CosOl Un1tCOst (Ou•ntity> Unit Cost}l $45.00 $ 72,000 $75.00 $ 120,000 $67.50 $ 27,000 $120.00 $ 48,000 $ 99,000 $ 168 000 Net Cost {Delaer Net ~st {Oelaer % of lhwo1ce Cost)(% Millrl::: % of Mark-Invoice Cost x % Mark-Mark-LIS' up, up upl lo% I $13,500 10% $13 soo $148,500 $148,500 $247,500 -$316,500 AGC ELECTRIC EDD HELMS EL.EC Net Cost (Delaer Net Cost (Dela.er % of lrwo1ce Cost)(% Marie % ofMa.rk-Invoice Co!it x % Mark-Mark-uo Lip) up up) N/A 10% $13 500 $148.SOO ENTERPRISE HEC. HORSEPOWER ELEC. R & D ELECTRIC, INC THEVEIN ENTERPRISES Total Total Total Tot•I (Qu;a ntity x Unit (Quantity K Unit (Quantity K Uri it (Quantttv JC Unit Unit Cost Cost)l U111tC05t Cost}l Unit Cost Cost}l Unit Cost Cost)l $55.00 $ 88,000 $200.00 $ 320,000 $45.00 $ 72000 $90.00 $ 144,000 $82.50 $ 33,000 $200.00 $ 80 ODO $65.00 $ 26 000 $135.00 $ 54 000 $ 121,000 $ 400,000 $ 98,000 $ 198,000 Nl!!tCost ~Delaer Net Cost (D.elaer Net Cast (Dola~r Net Cost {Dalaer % of Invoice Cost x % Mark % of ln\loice Cost x % Mark % of Mark· lnvoi-ce Cost x % Mark· % of Mark Invoice Cost )i % Mark Mark-up upl Mark-up up) up up] up up) 15% $20,250 24% $32,400 10% $13,500 17% $22 950 $155,250 $167 400 $143,500 S157,950 _$276,250 --$567,400 $246,500 $355,950 ENTERPRISE ELEC. HORSEPOWER ELEC. R & D ELECTRIC, INC THEVEIN ENTERPRISES, Net Cost ~0.1 .. , Net Cost (Delaer Net Cost (Dela€r Net Cost (Delaer % of Invoice Cast x % Mark % of ln1Joice Cost K % Milrk % of Mork-ln!o'oke Cost x % Mark-% of Mark Invoice Coo;t i.: % Milrk M11rk-uo Up) Mark-uo up] UD up) up uo) NfA 17.5% $23,625 NfA 17% $158,625 THIS PAGE INTENTIONALLY LEFT BLANK 159 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITS) No. 2014-057 For The Purchase Of Bulk Concrete Mix. Key Intended Outcome Supported: Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): n/a 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 bulk concrete mix product for the Public Works Department of the City of Miami Beach (the "City) pursuant to ITB 2014-057-MF. The concrete mix products are needed for the repair and maintenance of the sidewalks in and within the City. The City owns and operates its own five (5) yard transit mixer and will pick-up the materials as needed. There may also be need for occasional batches of concrete to be delivered by the successful bidder. 13 vendors were notified of the Invitation to Bid, with 4 vendors downloading the solicitation. Two (2) responses were received in response to the solicitation. After review of responses received, it is recommended that Concrete Ready Mix and Pumping Service, Inc., the lowest responsive, responsible bidder be awarded the contract as the primary vendor and Central Concrete Supermix, the second lowest responsive, responsible bidder be awarded the contract as the secondary vendor. RECOMMENDATION Award contracts to Concrete Ready Mix and Pumping Service, Inc. as primary vendor, and Central Concrete Supermix as secondary vendor, for an initial term of two (2) years, with three (3) one-year optional renewals, as stioulated in the ITB. Advisory Board Recommendation: I NIA Financial Information: Source of Amount Account Funds: 1 $36,000 Public Works Repairs/Maint. Account No. 425-0410-000342 (Water) rel 2 $32,500 Public Works Repairs/Maint. Account No. 425-0420-000342 (Sewer) 3 OBPI Total $68,500 Financial Impact Summary: The annual cost associated with the purchase of bulk concrete mix is subject to funds availability approved through the annual budgeting process. Account information and availabilityoffunds 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. Cit Clerk's Office Le islative Trackin Alex Denis, Director Ext # 6641 MIAMI BEACH 160 er AGENDA ITEM _C_~_I __ DATE ;J.-/,;J-/(/ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Membe of the Ci FROM: Jimmy L. Morales, City Manage DATE: February 12, 2014 SUBJECT: REQUEST FOR APPROVAL TO A ARD CONTRACTS PURSUANT TO INVITATION TO BID (ITB) NO. 2014-057 FOR THE PURCHASE OF BULK CONCRETE MIX ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Maintain City's Infrastructure. FUNDING The annual cost associated with the purchase of concrete mix products 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. $36,000.00 $32,500.00 $68,500.00 Public Works Repairs/Maint. Account No. 425-0410-000342 (Water) Public Works Repairs/Maint. Account No. 425-0420-000342 (Sewer) 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 this ITB is to establish a contract, by means of sealed bids, with a qualified firm( s) for the purchase of bu I k concrete mix for the repair and maintenance of the sidewalks in and within the City of Miami Beach on as needed basis in accordance with the prescribed specifications and requirements. The contract(s) entered into with the successful bidder(s) shall remain in effect for two (2) years; provided that the services rendered by the Bidder during the contract period are satisfactory and that City funding is available as appropriated on an annual basis. The price offered by the Bidder in its Bid Proposal shall be fixed for the original two (2) 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 CPl-U index. 161 Commission Memorandum /TB 2014-057 Bulk Concrete Mix February 12, 2014 Page 12 ITS PROCESS ITB No. 2014-057, was issued on December 16, 2014, with a bid opening date of January 16, 2014. The Public Group issued bid notices and four(4) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of the following two (2) bids: • Central Concrete Supermix • Concrete Ready Mix & Pumping Service, Inc. Detafled tabulated results are included in Appendix A. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITS will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City. The City reserved the right to consider award to secondary and tertiary vendors. 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. Award is being recommended to Concrete Ready Mix & Pumping Service, Inc., the lowest responsive bidder, as primary vendor, and Central Concrete Supermix, the second lowest responsive bidder, as secondary vendor should primary vendor fail to comply with the terms and conditions of the contract. Concrete Ready Mix & Pumping Service, Inc. Concrete Ready Mix has been in business for 15 years. They are a full service concrete mix company serving South Florida in both the preparation and application aspects of the floor surfacing business. Their plant is located at 7301 NW 47 Street. Central Concrete Supermix Supermix has been Serving Florida since 1989. Supermix currently operates 18 different locations throughout South Florida serving Miami-Dade, Broward, South Palm Beach, North Collier and Lee counties. Their Miami plant is located at 4300 S.W. 74 Avenue. 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 contracts to Concrete Ready Mix & Pumplng Service, Inc. as primary vendor, and Central Concrete Supermix as secondary vendor. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award contracts to Concrete Ready Mix & Pumping Service, Inc. as primary vendor, and Central Concrete Supermix as secondary vendor, pursuant to Invitation to bid (ITS) No. 2014-057-MF for the purchase of bulk concrete mix. T:\AGENDA\2014\February\Procurement\ITB 2014-057-MF Purchase of Bulk Concrete Mix -Memo.doc 162 APPENDIX A-TABULATED RESULTS ITB 2014-057 -Purchase of Bulk Concrete Mix CONCRET READ MIX AND CENTRAL CONCRETE Item Description PUMPING SU PERM IX OPTION I -FOB PLANT: QTY U/M Unit Cost Total Unit Cost Total 1 3000 PSI Regular 2 Cu.Yd $60.00 $120.00 $79.00 $158.00 2 3500 PSI regular 70 Cu.Yd $63.00 $4,410.00 $81.00 $5,670.00 3 4000 PSI regular 1 Cu.Yd $66.00 $66.00 $83.00 $83.00 4 3000 PSI with Red Oxide 1 Cu.Yd $140.00 $140.00 $157.00 $157.00 5 3500 PSI with Red Oxide 150 Cu.Yd $143.00 $21,450.00 $166.00 $24,900.00 6 4000 PSI with Red Oxide 1 Cu.Yd $146.00 $146.00 $185.00 $185.00 OPTION II -DELIVERED: QTY U/M Unit Cost Total Unit Cost Total 7 3000 PSI Regular 1 Cu.Yd $80.00 $80.00 $85.00 $85.00 8 3500 PSI regular 2 Cu.Yd $83.00 $166.00 $87.00 $174.00 9 4000 PSI regular 1 Cu.Yd $86.00 $86.00 $89.00 $89.00 10 3000 PSI with Red Oxide 4 Cu.Yd $180.00 $720.00 $163.00 $652.00 11 3500 PSI with Red Oxide 1 Cu.Yd $183.00 $183.00 $174.00 $174.00 12 4000 PSI with Red Oxide 1 Cu.Yd $186.00 $186.00 $191.00 $191.00 GRAND TOTAL $27,753.00 $32,518.00 *Quantities shown are estimated. Estimates are based upon the City's actual needs and/or usage during a previous contract. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. 163 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) 2014-142-ME FOR A DESIGN CRITERIA PROFESSIONAL (DCP) TO PREPARE THE DESIGN CRITERIA PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION PROJECT, WHICH IS INTENDED TO BE A DESIGN-BUILD CONTRACT. Ke Intended Outcome Su orted: Item Summary/Recommendation: On January 15, 2014, the City Commission adopted Resolution No. 2014-28478 which cancelled the previous RFQ {RFQ No. 22-11/12); terminated negotiations with the Master Developer, South Beach ACE (SBACE); and directed the City administration to prepare a new RFP or RFQ for design-build or design services for the renovation of the Convention Center and further directed the City administration to identify potential sites for a Convention Center hotel under a separate but concurrent process. The reason for the cancellation was to give the City the ability to decouple the program so that the Convention Center renovation can be expedited without the need for a lease and, subsequent, referendum since the project would remain a stand-alone building wholly controlled by the City. The purpose of the Design Build (DB) approach is to expedite the process and mitigate issues between the architecture/engineering and construction teams. However, the DB approach requires the contracting of a Design Criteria Professional (DCP). The DCP (generally a firm who holds a license to practice architecture, landscape architecture, or engineering) and its consulting engineers, working with the owner, will prepare preliminary design documents along with bid documents for a DB form of agreement (i.e., a Design Criteria Package). The Design Criteria Package, which can develop the design to at least 30%, communicates the owner's intent and becomes the basis for the DB's future design. The DB approach provides a good alternative to owners who like the benefits that this approach can bring to the project, including: more control over the design, design details, quality of engineering and quality of construction; obtaining a firm price in less time; and, reducing owner's risk. Under Florida law, Chapter 287.055, the Consultants Competitive Negotiation Act (CCNA), the DB process requires selection of a DCP through the process delineated in the statute. The DCP firm who is selected to prepare the design criteria package is not eligible to render services under a DB contract executed pursuant to the design criteria package. However, the firm can serve as the owner's representative for the City during the selection of the DB firm for the project, evaluate the responses submitted by the DB firms, review and approve for compliance the detailed working drawings for the project and evaluate compliance of the project construction with the Design Criteria Package. The Citv recommends that the issuance of the attached RFQ for the selection of the DCP be aooroved. Advisory Board Recommendation: IN I A Financial Information: Source of Amount Funds: NIA - Total Financial Impact Summary: N I A Cit Clerk's Office Le islative Trackin Alex Denis, Ext. 7490 Si n-Offs: MH MIAMI BEACH Account N/A an ager CityM Elevator Maintenance-SUMMAtjdoc 164 AGENDA ITEM DATE lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member FROM: Jimmy L. Morales, City ManagerJ.--- DATE: February 12, 2014 SUBJECT: REQUEST FOR APPROVAL TO SUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR A DESIGN CRITERIA PROFESSIONAL (DCP) TO PREPARE THE DESIGN CRITERIA PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION PROJECT, WHICH IS INTENDED TO BE A DESIGN-BUILD CONTRACT. ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFQ. BACKGROUND On January 15, 2014, the City Commission adopted Resolution No. 2014-28478 which cancelled the previous RFQ (RFQ No. 22-11/12); terminated negotiations with the Master Developer, South Beach ACE (SBACE); and directed the City administration to prepare a new RFP or RFQ for design-build or design services for the renovation of the Convention Center and further directed the City administration to identify potential sites for a Convention Center hotel under a separate but concurrent process. The reason for the cancellation was to give the City the ability to decouple the program. This would result in expediting the renovation of the Convention Center 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. APPROACH In order to significantly expedite the process for the renovation of the Convention Center, City staff recommends a design-build (DB) contract approach. The benefits to this method are as follows: • A DB can produce a project more quickly than a conventional Design-Bid-Build (DBB) since construction can often start before design completion, particularly with the phased permitting procedures of the City's Building Department. • There is a single point of accountability for design and construction once the DB team is selected. • Cost efficiencies can be achieved since the contractor and designer are working together throughout the entire process. • Construction costs are known and fixed during the final design and there is emphasis placed on cost control. • Change orders typically would arise primarily only from owner requested changes. • The process requires less owner involvement and resources once the DB firm is selected. 165 City Commission Memorandum -Request for Approval to Issue a Request for Qualifications (RFQ) for a Design Criteria Professional to Prepare the Design Criteria Package for the Miami Beach Convention Center Renovation Project. February 12, 2014 Page 2of3 The disadvantages and considerations of a DB approach are as follows: • There is generally less design and construction quality control and involvement by the owner and stakeholders. • The owner does not receive the benefit of the checks and balances that exist when it contracts separately with a designer and a general contractor. • Design changes after construction begins can be costly which requires significant planning during the early design stage. • Higher bid costs usually result in fewer bidders. DESIGN CRITERIA PROFESSIONAL The main challenges of the DB approach highlighted above can be mitigated through the contracting of a Design Criteria Professional (DCP). The DCP (generally a firm who holds a license to practice architecture, landscape architecture, or engineering) and its consulting engineers, working with the owner, will prepare preliminary design documents along with bid documents for a DB form of agreement, i.e., a Design Criteria Package. The Design Criteria Package, which can develop the design to at least 30%, will become the basis for the DB's future design. This approach provides a good alternative to owners who like the benefits that the DB approach can bring to the project, but who would like more control over the ultimate design of the project. The owner's intentions for the project will be substantially communicated, the owner will obtain a firm price in less time, and the owner's risk is reduced. In addition, the owner has an opportunity to retain the desired level of control of the design, design details, quality of engineering and quality of construction. Under Florida law, Chapter 287.055, the Consultants Competitive Negotiation Act (CCNA), the DB process requires selection of a DCP through the process delineated in the statute. The DCP firm who is selected to prepare the design criteria package is not eligible to render services under a DB contract executed pursuant to the design criteria package. However the firm can serve as the owner's representative for the City during the selection of the DB firm for the project, evaluate the responses submitted by the DB firms, review and approve for compliance the detailed working drawings for the project and evaluate compliance of the project construction with the Design Criteria Package. In accordance with Florida Statute, the City recommends release of the attached RFQ for the selection of the DCP. SCOPE OF SERVICES Please Reference Section Ill in Attachment A: RFQ 2014-142ME for Design Criteria Professional Services for the Miami Beach Convention Center Renovation. MINIMUM QUALIFICATIONS Please Reference Section II in Attachment A: RFQ 2014-142ME for Design Criteria Professional Services for the Miami Beach Convention Center Renovation. MINIMUM REQUIREMENTS Please Reference Section IV in Attachment A: RFQ 2014-142ME for Design Criteria Professional Services for the Miami Beach Convention Center Renovation. 166 City Commission Memorandum -Request for Approval to Issue a Request for Qualifications (RFQ) for a Design Criteria Professional to Prepare the Design Criteria Package for the Miami Beach Convention Center Renovation Project. February 12, 2014 Page 3of3 EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION Please Reference Section V in Attachment A: RFQ 2014-142ME for Design Criteria Professional Services for the Miami Beach Convention Center. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of RFQ 2014-142ME for Design Criteria Professional Services for the Miami Beach Convention Center Renovation. )t4Jt JLM/MH/AD Attachment A: RFQ 2014-142ME for Design Criteria Professional Services for the Miami Beach Convention Center Renovation. T:IAGENDA\2014\February\MBCC\ISSUANCE MEMO· RFQ 2014·142ME -MBCC RENOVATION.docx 167 Attachment A: RFQ 2014-142ME for Design Criteria Professional Services for the Miami Beach Convention Center Renovation to be submitted in Supplemental. 168 THIS PAGE INTENTIONALLY LEFT BLANK 169 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy l. Morales, City Manager Joy Malakoff, Commissioner January 16, 2014 Accessory Structures in Single Family Districts MEMORANDUM Please refer an Ordinance Amendment to the Planning Board, amending Section 142- 1132 of the City Code1 pertaining to Accessory Buildings in Single Family Districts. Specifically, the proposed ordinance should modify the minimum side and rear setback requirements for l and 2 story Accessory Buildings in single family districts, in order to reduce the impact of these structures on the development site and neighboring properties. If you have any questions, please contact me at extension 6622. JVWM 171 Agenda Item CV A Date :l-1)-/l{ THIS PAGE INTENTIONALLY LEFT BLANK 172 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy L. Morales, City Manager Joy V. W. Malakoff, Commissioner January 27, 2014 Referral to Land Use Committee MEMORANDUM Please place on the February 12, 2014 City Commission agenda a request for referral to the Land Use and Development Committee for discussion of the following matters: 1. Amendment to City Code section 2-459, to provide for limited exception permitting "associates" of City agency members to lobby as architects/design professionals before a City land use board; and related process for amending Code section 2-459. 2. Streamlining City's design application process by amendment of City's laws to permit variance requests arising out of projects before Design Review Board and/or Historic Preservation Board be heard by those boards, rather than necessitating applicant to file a separate variance application to Board of Adjustment; and related process for laws' amendments. Inasmuch as the above matters may require the City's placement of ballot measures on the upcoming 2014 County-wide ballot(s), I request that referral of these items be placed on the February 19, 2014 Land Use Committee agenda. Please contact my office at ext. 7106 if you have any questions. JVWM \!Ve ore comml.'led f<; providing excellent pubirc $ervic-a c1nJ :;.;);·:-r· .. to of! 1.'.-h. .. J five, vvork~ ond pby in our vJbront, t'()picol, hi~toric (:nmm1H1,'t>1 Agenda Item C lf 8 Date ;J.-/2.-/V 173 THIS PAGE INTENTIONALLY LEFT BLANK 174 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Jimmy L. Morales, City Manager Joy V. W. Malakoff, Commissioner January 27, 2014 Referral to Neighborhood/Community Affairs Committee Please place on the February 12, 2014 City Commission agenda a request for referral to the Neighborhood/Community Affairs Committee for discussion of placing a plaque at Flamingo Park Tennis Center in memory of Jerry Moss, The first National Tennis Champion from Miami Beach. Jerry Moss won the Orange Bowl 12 and under, and 15 and under championship. He was captain of the Miami Beach Senior High School Tennis Team. In 1951, he won the 15 and under National Championship of the United States and the Junior National Championships of the United States and Australia in 1954. He was a member of the United States Junior Davis Cup Team in 1954. In that year, he was the top 18 and under tennis player in the world. He was also captain of the University of Miami Tennis Team and an All American in 1958 and 1959. He came from a very poor family and did this with virtually no support system. No family member ever attended his championship matches. My request is that the plaque read "In Memory of Jerry Moss, the First National Tennis Champion from Miami Beach." Please contact my office at ext. 7106 if you have any questions. JVWM \/Ve o'e corr1m1ned lo provi'ding oxcetlenl pt,l!lic servic~' cmd so:,,,,, ,\,off who livic;, wo1k, and ploy in Oul' vfb,onF, rr,yiicol, hi,;· Agenda Item CV C. 175 Date r;)-/.J-/C( THIS PAGE INTENTIONALLY LEFT BLANK 176 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 ofi he City C FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: REFERRAL TO THE PLANNIN BOARD - A DISCUSSION REGARDING INCORPORATING THE STORMWATER MANAGEMENT MASTER PLAN INTO THE LAND DEVELOPMENT REGULATIONS At its January 22, 2014 meeting, The Land Use and Development Committee referred this item to the Planning Board for discussion and further direction BACKGROUND Staff believes that it is important to include the stormwater management criteria in the land development regulations in order to require private developers to comply with their requisites. Prior to moving this item to the full Commission, staff seeks to present the proposed regulations to the Land Use and Development Committee, and allow its members an opportunity to ask questions and make comments on the proposed changes. CONCLUSION The following item is presented to the members of the Planning Board for direction and further discussion. ~/JJF/BAM F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\FIORELLA SARMIENTO\LAND USE COMMIITEE-ALL ITEMS\LUDC SWMMP referral.doc 177 Agenda Item C L/ D Date .J.-/:J.-IV THIS PAGE INTENTIONALLY LEFT BLANK 178 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy L Morales, City Manager Joy V. W. Malakoff, Commissioner February 4, 2014 Referral to Planning Board MEMORANDUM At the next commission meeting we will be considering changing the level in which a home is built from grade to base flood elevation. However, the same change should apply to commercial buildings as well. I imagine we would not want commercial buildings to be flooded any more than we would want residential buildings to be flooded. Therefore, please place this on the next Commission agenda to be referred to the Planning Board with a hearing at the land Use Committee as needed. JVWM \.tVe ore commftfe-d to prov1d1rg excellerif pvcJfc. s~rv1ce ond s:TLrrc' 10 oir • ..-n(~ live, ""'01k, arid ploy ir. our vibion.", rrop.ical. hi:sfonc ccmrn\,)nir/. Agenda Item Ct/ E 179 Date :;.../,;-/<f THIS PAGE INTENTIONALLY LEFT BLANK 180 /\!\I A/v'\ I BEACH JOSE SMITH, CITY ATTORNEY OFFICE OF THE CITY ATIORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: Mayor Philip Levine Members of the City Commission Jimmy Morales, City Manager Ralph Granado, City Clerk , . / Jose Smith, City Attorney .·· 1 ).vl..... ~ ./' (j~ February 12, 2014 SUBJECT: AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY CODE, ENTITLED "BUSINESSES," TO PROVIDE REGULATIONS AND STANDARDS FOR NUDE DANCE ESTABLISHMENTS Pursuant to direction at the January 15, 2014 City Commission meeting, and pursuant to the request of Commissioner Ed Tobin, an Ordinance proposing regulations and standards for best practices at nude dance establishments is submitted for referral by the Mayor and City Commission to the Neighborhoods/Community Affairs Committee. F:\A TTO\ TURN\MEMOS\Nude Establishments.docx 181 Agenda Item C'f F Date 2---12-llf THIS PAGE INTENTIONALLY LEFT BLANK 182 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Membe,,/ of the ~~y C~mmission Jimmy L. Morales, City Manager~ · 1-/ - February 12, 2014 I , REFERRAL TO THE LAND use AND DEVELOPMENT COMMITTEE - DISCUSSION ON THE PROPOSED TERMINAL ISLAND RESIDENTIAL PROJECT. ADMINISTRATION RECOMMENDATION Refer the request to the Land Use and Development Committee. BACKGROUND Miami Beach Port, LLC ("MBP"), the owners of the 3.71 acre property located on the southeastern tip of Terminal Island, are proposing a joint development of their property and the adjacent City property. Such a project requires rezoning of MBP's property and a thorough analysis of the land use implications and consequences of this changed use. After preliminary discussions with relevant City staff, MBP is now requesting the opportunity to present its proposal to the Land Use and Development Committee for direction. JLM/JMJ T:IAGENDA\2014\February\Referral to LUDC Tenninal Island Residential Project.docx Agenda Item C. lf 6- 183 Date J.-/ 2--/t/ THIS PAGE INTENTIONALLY LEFT BLANK 184 (") C') ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members ~f the CitYi om_mission Jimmy L. Morales, City Manager f---· -::::> TO: FROM: DATE: February 12, 2014 ' SUBJECT: REPORT OF THE JANUARY 22~ 2014 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on January 22, 2014. Land Use Committee Members in attendance were Commissioners Joy Malakoff and Michael Grieco. Other Commission Members in attendance were Micky Steinberg. Members from the Administration, including, Jimmy Morales, Thomas Mooney, Michael Belush, Jose Smith and Gary Held as well as members of public, were also in attendance. Please see the attached sign-in sheet. The meeting was called to order at 3:15 pm. 1. DISCUSSION OF THE CITY'S DRAFT TREE ORDINANCE PREPARED BY THE PARKS AND RECREATION DEPARTMENT'S GREEN SPACE MANAGEMENT DIVISION. (CONTINUED FROM THE OCTOBER 23, 2013 LUDC MEETING ORIGINALLY REQUESTED BY CITY COMMISSION NOVEMBER 14 2012 CITY COMMISSION MEETING, ITEM C4A ITEM TO BE AUTOMATICALLY WITHDRAWN BY JANUARY, 2014 IF NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION Mark Williams provided a revised draft of the Ordinance and an overview. Members of the public spoke on the matter. MOTION: Refer to Neighborhoods and Community Affairs Committee for input and discussion. Grieco I Malakoff (2-0) 2. PARKING DISTRICT NO. 5 -SUNSET HARBOUR (CONTINUED FROM THE OCTOBER 23, 2013 LUDC MEETING ORIGINALLY REQUESTED BY CITY COMMISSION NOVEMBER 14 2012 CITY COMMISSION MEETING, ITEM RSA ITEM TO BE AUTOMATICALLY WITHDRAWN BY JANUARY, 2014 IF NOT HEARD PER RESOLUTION NO. 2013-28147* 186 Agenda Item C '°'A Date t!).-J.;-/l{ City Commission Memorandum Report of Land Use & Development Committee Meeting of January 22, 2014 Page 2 of4 AFTER-ACTION Thomas Mooney provided an overview of the item. MOTION: Schedule a progress report before the LUDC in 6 months regarding the sunset provision in the Ordinance. Grieco I Malakoff (2-0} 3. DISCUSSION REGARDING THE CODE SECTION GOVERNING UNITIES OF TITLE AND COVENANTS IN LIEU OF UNITY OF TITLE. (REQUESTED BY COMMISSIONER EDWARD L. TOBIN JUNE 5 2013 CITY COMMISSION MEETING ITEM C4N ITEM TO BE AUTOMATICALLY WITHDRAWN BY JANUARY, 2014 IF NOT HEARD PER RESOLUTION NO. 2013-28147* AFTER-ACTION: Thomas Mooney provided an overview of the item. Gary Held recommended continuing the item to the February LUDC meeting in order to properly address the definition of a 'Unified Development Site'. MOTION: Continue to February 19, 2014 LUDC. Grieco I Malakoff (2-0) 4. a) BOAT DOCKS AND MARINE STRUCTURES ORDINANCE. (CONTINUED FROM THE OCTOBER 23, 2013 LUDC MEETING ORIGINALLY REQUESTED BY CITY COMMISSION JULY 17. 2013 CITY COMMISSION MEETING, ITEM C4E) AFTER-ACTION Thomas Mooney provided an overview of the item. MOTION: Send to Full Commission with recommendation for approval. Grieco I Malakoff (2-0) 4. b) DISCUSSION REGARDING DECKS, DOCKS & SEAWALL OVER CITY LAND, AND THE NEED TO ISSUE A REVOCABLE PERMIT. (REQUESTED BY CITY COMMISSION OCTOBER 16. 2013 CITY COMMISSION MEETING, ITEM C4A) AFTER-ACTION Thomas Mooney and Gary Held provided an overview of the item. Eric Carpenter, Public Works Director, addressed the issue of a revocable permit and new seawalls constructed seaward of private property. Gary Held indicated that an Ordinance was needed to exempt seawalls from revocable permit process. Members of the public spoke on the matter. MOTION: Send an Ordinance to the Full Commission with recommendation for approval. Grieco I Malakoff (2-0) 187 City Commission Memorandum Report of Land Use & Development Committee Meeting of January 22, 2014 Page3 of4 5. DISCUSSION REGARDING INCORPORATING THE STORMWATER MANAGEMENT MASTER PLAN INTO THE LAND DEVELOPMENT REGULATIONS. (REQUESTED BY CITY COMMISSION JULY 17. 2013 CITY COMMISSION MEETING, ITEM C40) AFTER-ACTION: Eric Carpenter provided an overview of the item and requested LUDC support for the measure. Gary Held discussed the manner in which the storm water plan would be incorporated into the LDR's. Eric Carpenter recommended that it be incorporated by reference. Comm·. Grieco raised a question regarding the method of incorporation. Eric Carpenter suggested that in the event of conflicts with other sections of the LDRs, the storm water master plan would prevail. Members of the public spoke. MOTION: Recommend that the Commission refer an Ordinance to the Planning Board. Grieco I Malakoff (2-0) 6. DISCUSSION REGARDING PROPOSED AMENDMENT TO CHAPTER 6, ALCOHOLIC BEVERAGES, TO CORRECT SCRIVENER'S ERRORS REGARDING ON-PREMISES AND OFF-PREMISES CONSUMPTION. (REQUESTED BY CITY COMMISSION SEPTEMBER 11, 2013 CITY COMMISSION MEETING ITEM C4K) AFTER-ACTION: Gary Held provided an overview. Members of the public spoke. MOTION: Send the Ordinance to the Full Commission with recommendation for approval. Grieco I Malakoff (2-0) 7. DISCUSSION FOR CONSIDERATION OF ESTABLISHING ACCEPTABLE ACCESSORY USES PERMITTING RESTAURANTS IN CONTRIBUTING HISTORIC STRUCTURES WITHIN THE RM-2 CULTURAL ARTS NEIGHBORHOOD OVERLAY DISTRICT. (SPONSORED BY COMMISSIONER JOY MALAKOFF, ORIGINALLY REQUESTED BY COMMISSIONER JORGE R. EXPOSITO OCTOBER 16. 2013 CITY COMMISSION MEETING, ITEM C4G) AFTER-ACTION No discussion MOTION: Continue the item to February 19, 2014. Grieco I Malakoff (2-0) 188 City Commission Memorandum Report of Land Use & Development Committee Meeting of January 22, 2014 Page 4of4 8. DISCUSSION REGARDING A COMPREHENSIVE ORDINANCE AMENDMENT, MODIFYING THE SINGLE FAMILY DEVELOPMENT REGULATIONS TO ADDRESS THE ISSUE OF 'OVERSIZED' HOMES. (REQUESTED BY CITY COMMISSION JANUARY 15, 2014 CITY COMMISSION MEETING, ITEM R5E) AFTER-ACTION Thomas Mooney provides an overview. Members of the public spoke, including 2 separate power point presentations. MOTION: Send an Ordinance to the Full Commission for 2nd Reading with recommendation for approval and with the following recommendations: • Removing the 40% distinction for RS-1/RS-2 lots, and to allow an across the board maximum 50% unit size for all sites, regardless of zoning classification. • Retaining the maximum height limit of 24 feet (27 feet for sloped roofs) for properties zoned RS-3, but allow the DRB/HPB to waive these lower height limits for RS-3 zoned properties, and allow up to 28 feet (31 feet for sloped roofs). • Clarifying the lot aggregation section to permit a new home to be located in the middle of a site consisting of 3 lots, provided the sum of the side yard setbacks of the main structure are equivalent to the width of the smallest of the 3 aggregated lots. Additionally, the overall unit size and lot coverage of the main home would be based upon the combined size of the largest 2 lots. • Modifying the 70% 2nd floor volume rule to only be mandatory in those instances where the overall lot coverage for a proposed home is 25% or greater. Additionally, this 70% requirement for 2nd story volume can still be waived at the discretion of the DRB/HPB, which provides an appropriate safety valve exists for unique conditions and circumstances. • That a ten (1 O') foot setback also be required from the rear wall of non-waterfront lots, unless waived by the DRB/HPB. The DRB/HPB would only have the authority to waive the rear setback on non-waterfront lots. • That the applicability date be moved to September 24, 2013, which is the date that the Planning Board transmitted the Ordinance to the Commission, but only apply to those properties that either obtained a Full Building Permit or approval from a Land Use Board by September 24, 2013. Grieco I Malakoff (2-0) Meeting Adjourned at 5: 18 PM Attachment JLM/TRM m:\$cmb\ccupdates\land use and development committee\2014~anuary 22, 2014\report of the ludc meeting of january 22, 2014.docx 189 1. 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 13. 14 15. 19. 20. NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING January 22, 2014 City Commission Chambers Attendance Sheet CONTACT NUMBER I I WISH TO RECEIVE THE AGENDA ELECTRONICALLY / v v v v ~ j/ /I I ,. ~ ~ y---YOcJO E-MAIL ADDRESS J4~ c ) )., j@ . 'tY~".;L'\, /, c~ 6ornJ4.l;z.A:J"@ &f(f'tt>I, Q(nL 0N1, I{)~' @ i:("I, @ @ -~ "' ··hL-@ n' 1/£J"', ho @ /l6L, GoM 0 0) ~/J,kc[t;; o @4:f/aefcbb. ,-:ie"t ""'" :J_ }, .tl'.-v· /_k,,,___ @" fb..,J'k/;1,_,,.,et-3' a.._ \/'-"-~ ':i. @ lb 1u_r·lv,-l-@cs 1ettAc/cn:·c11 .-1 @ @ \.\-M~1~wu~11:~"" U.a ""' °"""'',.....,' C~m•ee\2013\S~" '" Shoet 2013 .docx f---u1<c; 1 o s vft ~ 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING January 22, 2014 City Commission Chambers Attendance Sheet CONTACT NUMBER I WISH TO RECEIVE THE LINK TO THE ELECTRONIC AGENDA M:l$CMB\CCUPDATES\Land Use and Development Committee\2013\Sign In Sheet 2013.docx E~MAIL ADDRESS @ @ @ @ @ @ @ @ @ ~ c """" 0) @ ~ """" @ @ @ @ @ @ @ @ @ @ <e MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeochfl.Qov TO: FROM: COMMITTEE MEMORANDUM ~ayor Philfp Levine ~nd Memberf sthe City ]~mission Jimmy L. Morales, City Manager ----,,'f-'~-' ' DATE: February 12, 2014 / I SUBJECT: REPORT OF THE SPECIAl.i FINANCE AND CITYWIDE PROJECTS COMMITIEE MEETING ON JANUARY 30, 2014 The agenda is as follows: EMERGENCY ITEM 1. Discussion Regarding World Out Games Miami Beach 2017 Update ACTION The Committee recommended providing $100,000 to the World Out Games which they would give $50,000 back once the VCA sponsorship reimburses them and those funds would be allocated in the following year's budget to the World Out Games. Chairperson Weithorn also requested that World Out Games meet with Budget Director John Woodruff, Assistant City Manager Kathie Brooks and Tourism and Cultural Director Max Sklar to put a contract together for the allocation of funds. Agenda Items That Were Previously Referred By Commissioners Who Are No Longer With The City Commission 1. Status update on Business Tax Process Improvement ACTION The Committee recommended leaving this item on the agenda since the new Accela process is still pending. 2. Discussion Regarding: Business Tax Receipt Renewal Notices; How We Handle Over Charges; Reasons For Miscalculations; And Corrective Action Plan Agenda Item C <D 8 192 Date cl-J:J-/lf ACTION The Committee recommended removing this item. 3. Discussion regarding small cells on existing poles ACTION The Committee recommended removing this item. 4. Discussion regarding Red Light Cameras in Miami Beach in light of a new State Law that goes into effect on July 1, 2013 ACTION The Committee recommended removing this item. 5. Discussion regarding Enhancements to our Parking System to offer resident's better rate as it pertains to scooters and motorcycles, and set up special spaces to encourage the use of scooters and motorcycles to further reduce traffic ACTION The Committee recommended removing this item. 6. Discussion to add the additional pending block party fees to the already approved Commission Waiver Fee for Miami Beach Gay Pride 2013 that was approved in March 2013 ACTION The Committee recommended moving forward with the additional waiver of $827.60 and to amend the criteria for future fee waivers to be one or more. 7. Discussion to support Miami-Dade County Public Schools Spanish Foreign Language initiative in which all Miami Beach Feeder Schools offer Spanish Foreign Language tracks to enable all interested Miami Beach students to take Spanish for High School credit in all Miami Beach Middle Schools and High Schools (Nautilus Middle, Feinberg Fisher KS, and Ruth K. Broad Bay Harbor KB) ACTION The Committee recommended leaving this item on the agenda to be sponsored by Commissioner Micky Steinberg. 193 8. Ordinance No. 2013-3826 adopted and referred to the Finance and Citywide Projects Committee to discuss the 60 employees that are capped out ACTION To be brought back next Finance Committee Meeting on February 21, 2014 after one on one meeting's with Committee members providing them with infonnation as to how much it is going to cost the City. 9. Discussion regarding the Liability of Police Officers as it pertains to off duty work ACTION The Committee recommended removing this item. 10. Discussion to enhance Police Patrol in Miami Beach Schools, which in turn secures the safety of all students, parents and staff ACTION The Committee recommended removing this item. 11. Discussion that looks into what occurs with our MBPD retired police dogs and to discuss possible allocation of funding for their medical needs ACTION The Committee recommended leaving this item on the agenda to be sponsored by Chairperson Deede Weithorn. II Discussion of old business items to determine if they should remain on the pending items list: 1. Discussion regarding exploring the impacts from the reduction of On-Street Parking Spaces on Alton Road between 6th Street and Michigan Avenue caused by the FOOT Project ACTION The Committee recommended removing this item. 2. Discussion regarding Proposed Comprehensive Records Management Plan 194 ACTION The Committee recommended removing this item. 3. Discussion regarding proposed City Wide survey of Single Family Home Districts in order to determine the number of architecturally significant homes in the City ACTION Chairperson Weithorn deferred taking any action until further information from the Land Use Committee was passed on surveying architectural homes. Assistant City Manager Kathie Brooks to coordinate with Planning regarding these items and to follow up with Land Use before bringing this item back to the Finance Committee on February 21, 2014. 4. Discussion regarding a possible partnership between the City of Miami Beach and the Bicycle Action Committee (BAC) in an effort to promote safety for Bicyclists ACTION Assistant City Manager Kathie Brooks to present the item along with the bicycle safety campaign that was previously referred from Neighborhoods to the Finance Committee scheduled for the February 21, 2014 meeting. Ill OLD BUSINESS 1. Discussion Regarding Upgrade to Municipal Parking Garage Gated Revenue Control System ACTION The Committee recommended moving forward with an invitation to negotiate to be brought before the March 21, 2014 Commission Meeting. IV NEW BUSINESS 2. Discussion on the Review and Recommendations for improving the City's Procurement Code completed by the National Institute for Public Procurement (NIGP) ACTION Item Deferred. 195 3. Discussion regarding TECO/Peoples Gas System, Inc. Franchise Agreement ACTION The Committee recommended renegotiating with TECO/Peoples Gas System, Inc. in an effort to collect unearned franchise fees and taxes due to the City. 196 THIS PAGE INTENTIONALLY LEFT BLANK 197 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City ---A---.... FROM: Jimmy L. Morales, City Manage DATE: February 5, 2014 SUBJECT: REPORT OF THE NEIGHBORHO D/COMMUNITY AFFAIRS COMMITTEE HELD ON THURSDAY JANUARY 30, 2014 A meeting of the Neighborhood/Community Affairs Committee was held on Thursday, January 30, 2014 10:00 am, and was held in the Commission Chamber, 3rd Floor. Commissioners in attendance: Commissioners Micky Steinberg, Deede Weithorn, and Joy Malakoff. Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 10:06 AM. OLD BUSINESS 1. Discussion Of Old Business Items To Determine If They Should Remain On The Pending Items List: 10:38 AM a) Discussion regarding consideration of creating a mural wall area in North Beach simllar to the Wynwood Walls in the City of Miami Beach where artists would be able to express themselves. Sponsored by former Commissioner Gongora b) Discussion Regarding How To Deal With Noise Abatement Issues Relative To Overhead Flights That Do Not Follow The Standards Set By The FAA. Sponsored by former Commissioner Exposito MOTION: by Commissioner Weithorn for items to be removed from the pending list. 2. Discussion Regarding The Continuation Of The Adopt-A-Beach Pilot Program. 10:36 AM Eric Carpenter, Director of Public Works, presented the item. At the April 17, 2013 Commission Meeting, Administration referred a discussion regarding the continuation of the Adopt-a-Beach Pilot Program to the Neighborhood/ Community Affairs Committee (NCAC). At the April 29, 2013 NCAC meeting, the 198 Agenda Item C(O C Date ;J.·/Z-fl/ Committee made a motion to have the Environmental Coalition of Miami and the Beaches (ECOMB) develop a letter of intent for the continued administration of the Adopt-a-Beach program. At the September 30, 2013 NCAC meeting, the Committee asked that ECOMB revise the program model outlined in their letter of intent and return to the NCAC at a future date. On September 9, 2009, the City Commission adopted a resolution approving and authorizing the establishment of the Adopt-a-Beach Pilot Program for a period not to exceed one (1} year. Through this program, various groups such as local businesses, volunteer groups, and non--profit organizations adopted a specific section of beach to clean a minimum of four (4) times per year. The participation or sponsor fee of $200 covered the cost of the clean-up materials (e.g. reusable buckets, biodegradable bags, cloth gloves, first aid kits, information booklets) and the program signage, to which a vinyl decal of the sponsoring organization's logo was affixed. On December 9, 2009, the City signed a lease agreement with the ECOMB for the building located at 210 Second Street. Pursuant to the terms of the lease agreement (Attachment A -Portion of ECOMB's Lease Agreement), ECOMB agreed to coordinate the City's Adopt-a-Beach Pilot Program, whose operation and management was estimated to involve between 10 and 20 hours of staff time per week. ECOMB agreed to support this new initiative by relieving City staff of the time associated with implementing, coordinating, and monitoring this program. However, City staff was assigned the responsibility of coordinating with ECOMB, providing the program's signage, collecting the sponsors fees, and purchasing all program materials. At the April 29, 2013 NCAC meeting, the Administration recommended either terminating the program or that staff support to the program be reduced and that, subject to the City's supervision, ECOMB be responsible for completely administrating the continuation of this program. The NCAC requested that ECOMB provide a letter of intent to administer the program, including any additional funding requirements needed from the City. On August 14, 2013, ECOMB provided a letter of intent to completely manage and operate the Adopt-a-Beach program. ECOMB proposed that the City pay ECOMB an annual fee of $20,000 "to pay for the services of staff responsible for coordinating the Adopt-a-Beach program, a portion of operating costs, and material costs for implementing the program." In addition, ECOMB will collect annual sponsorship fees of: • $200 -non-profit organizations and/or schools; • $500 -for-profit businesses and/or individuals; and, • A tiered discount program will be offered for existing for-profit/individuals that commit to a long-term contract. For example, if a sponsor commits to a 3-year contract they will pay $200 in year one, $350 in year two, and $500 in year three. All sponsorship proceeds would be retained by ECOMB. It should be noted, that any changes to the Adopt-a-Beach program will require amending ECOMB's lease agreement with the City for the 210 Second Street property. On December 11, 2013, ECOMB provided an updated letter of intent (Attachment C) with all updates highlighted in yellow. The updated agreement builds upon the original agreement by adding a number of activities to make the program more efficient. ECOMB included the following proposal additions: 199 • Secure a maximum of two sponsors per section; • Require sponsors to complete a minimum of four clean-ups per year; • Provide online reporting system for sponsors to report collection data; • Create online system for tracking events; and • Conduct survey annually to evaluate program's impact. Louis Rodriguez {Director of ECOMB) -Stated that ECOMB has resubmitted a Letter of Intent that would make the program more effective. It also includes the changes and recommendations made by the City such as, having ECOMB take on the majority of the responsibility. It also includes the new budget that will allow the program to run based on its specific needs. Commissioner Malakoff-Directed a question to Eric Carpenter regarding the new Letter of Intent (LOI) from ECOMB. Asked if Mr. Carpenter was satisfied with the LOI. Eric Carpenter-Stated some concerns with the Letter of Intent regarding the sponsorship dollars associated with it and the lease agreement and the budget. The Letter of Intent needs to be more detailed and have another revision. Commissioner Malakoff-Requested that Eric Carpenter meet with ECOMB and Louis in order to ensure that the Letter of Intent meets concerns the City has. Commissioner Weithorn-Inquired about the $20,000.00 fee. Asked Louis if this was for hiring contractual work. Stated that ECOMB and the City need to get together in order to go over the new Letter of Intent and clarify some areas; if there is a lease amendment get with legal. Don't have a problem with concept to move forward to commission when it's ready. Louis Rodriguez-Said yes, the $20,000 fee is for contractual work. MOTION: by Commissioner Weithorn for Public Works to negotiate areas of concern with ECOMB and send the item to Commission if the concerns are able to be addressed. Seconded by Commissioner Malakoff. 3. Discussion Regarding A Resolution Approving An Amendment To The Flamingo Neighborhood Basis Of Design Report For 10-Foot Travel Lanes On Local Avenues And Streets As Well As Four (4) Feet Of Green Space And A 10-Foot Wide Path/Cycle Track Sidewalk Shared On Each Side In Lieu Of Bike Lane For 16th Street. 10:08 AM Eric Carpenter, Director of Public Works, presented the item. At its October 17, 2007 meeting, the City Commission adopted the Atlantic Greenway Network {AGN) Master Plan, which included bicycle lanes on Euclid Avenue and 16th Street the Flamingo Basis of Design Reports (BOOR) and the AGN conflicted on Euclid Avenue. When the City moved forward with the Flamingo 10F Project (bound by7th Street, Washington Avenue, 1st Street, and Meridian Avenue), the Flamingo Park Neighborhood Association (FPNA) objected to the bicycle lanes on Euclid Avenue, as it would have required a reduction in the 7 .5-foot wide planting areas that were part of the BOOR. 200 In exchange for support of the project and the bicycle lanes on Euclid Avenue, during a Historic Preservation Board meeting on August 10, 2010, the FPNA requested that all avenues designated as local have 10-foot travel lanes and that all sidewalks be a minimum of 6-feet in width. The Historic Preservation Board, per File No. 7192 and File No. 7232, approved the Flamingo 1 OF Project, including the 10-foot wide travel lanes on the local avenues, 6-foot wide sidewalks, and bicycle lanes on Euclid Avenue, during lts August 10, 2010 and April 12, 2011 meetings, respectively. The Flamingo 10F project was then constructed per these criteria. Since the development of the Flamingo BOOR and the AGN Master Plan, the Flamingo neighborhood has evolved. At the February 19, 2013 Neighborhood/ Community Affairs Committee (NCAC) meeting, the Committee endorsed the reduction in travel lane width and increase in minimum sidewalk width in order to achieve the goal of becoming the most pedestrian-friendly neighborhood. There has also been additional research on alternative types of bicycle facilities such as cycle tracks wherein bicyclists are separated from vehicular traffic. Cycle tracks (off- street bike path are particularly suited for corridors in which there are few driveways and cross-streets which create potentially unsafe conflicts. Public Works staff has evaluated the cycle track cross section for 16tti Street and believe it could be a potential alternative to the bicycle lanes in this instance. There are still some outstanding concerns regarding the mingling of pedestrians and bicycle traffic at intersections, As a result, if we are unable to resolve these concerns, Public Works recommends defaulting back to the configuration that includes on-street bike lines on 16 Slreet. Public Works proposed revising the BOOR based on this resolution and will proceed with the construction per the FY 2016/17 Capital Budget. However, given the characteristics and standards for off-road bicycle facilities and the FPNA's desire to accommodate landscaping, further right-of-way constraints may be found during the design process. If right-of-way constraints are identified during design, and changes are required. Changes during the design process Public Works proposed sharing with the City Commission via a Letter to Commission. Commissioner Malakoff-Inquired about the safety for pedestrians as well as bicyclists. Commissioner Malakoff wants to ensure that is safe for both the bicyclist and pedestrian. Eric Carpenter-There is some ability to avoid encroachments due to some additional feet of greenspace within the right-of-way. By moving the 5 foot bike lane from the street to the sidewalk, the area will still have 4 feet of greenspace. Commissioner Malakoff-Inquired about the risk pedestrians are taking when walking on the sidewalk or pushing a baby stroller. By moving the bike lane to the sidewalk area, the pedestrians run the risk of getting hit by a bicyclist. Eric Carpenter-Stated there would be some elevation change, or move the curve in order to accommodate this change. His biggest concern is the intersection where pedestrians are walking north and south as well as bicyclists going east and west. The question here is how is that going to come together and work safely. An idea that would like to be pursued would be that of bike signals. There are several large metropolitan areas that use them. However, it is still uncertain if we are at that point to make a decision on bike signals. Commissioner Malakoff-Stated in California there are bike lanes right next to pedestrian lanes, however these lanes are 12 to 14 feet wide, but the City of Miami Beach does not have the adequate space to accommodate such large lanes. 201 Commissioner Weithorn-Stated the switching back and forth from a cycle track and bike lanes takes away the attractiveness of what cycle tracks were made for. A cycle track on a single street would not be wise. Putting a cycle track on this street would be an expensive experiment that would not yield good results. If Public Works wants to do a study regarding the cycle track on this street, than that is something that could be approved, but to actually put a cycle track is an expensive experiment. Eric Carpenter-Informed the committee that somewhere between 20-35% of blocks cannot have a complete cycle track. Some segments, such as mid-blocks would have to be switched back to a bike lane. The worst areas are the two ends where it might not be a midblock. It is a work in progress and all possible recommendations are being looked into. Commissioner Weithorn-Stated that 16th Street may not be the right street to put a cycle track on. The street to consider needs to have more room and flexibility. Another problem with this area is the residents that put their trash on the bike lane. If there were bike lanes that worked in the City, maybe cycle tracks could then be discussed. It would be better to put a cycle track on a street that doesn't already have a bike lane. Eric Carpenter-Suggested having Public Works do all the blocks individually and bringing back to NCAC drawings and a better concept of what is being proposed, then bring it to commission. Commissioner Weithorn-Asked how quickly Public Works could have this ready. Eric Carpenter-Stated by next month it could be presented. Commissioner Weithorn-Stated if this cannot be done, it is an issue that needs to be brought back to Historic Preservation. David Carlson (resident) spoke. Mary Thingalstad (resident) spoke. Adam Shedroff (resident) spoke. Commissioner Weithorn-Inquired if the greenspace is owned by the City. Eric Carpenter-Stated that yes it is. MOTION: By Commissioner Weithorn to refer the whole concept of paving and taking away greenspace to the Flood Task Force Committee and to have Public Works bring back to committee next month some specification drawings of the blocks on 16th Street that detail the cycle track. Seconded by Commissioner Malakoff. NEW BUSINESS 4. Discussion Of Safety And Water Sports In Residential Areas. 10:45am Javier Otero, Fire Chief, presented the item. The issue of water sports activities was discussed during the November 19th, 2012, 202 Neighborhood/Community Affairs Committee (NCAC) meeting. During that meeting, the Fire Chief submitted proposed language to revise the code in an effort to implement prior guidance from the commission to allow water sports activities in the areas that are not designated as protected swim zones. During a subsequent meeting of the NCAC, the City Attorney clarified that the language proposed by the Fire Chief was not needed since the city code prohibits the use of water craft only within the restricted swim zones. The current practice of the Fire Department's Ocean Rescue Division is to enforce the code as per the legal interpretation rendered by the City Attorney. Overall, the majority of waters sports enthusiasts are aware of the code and do not encroach into the protected swim areas. Encroachments occur seldom and voluntary compliance is not regularly a problem. Currently there is a tower with corresponding protected swim area at 21st street and 30th street. Kayaking in the unprotected area between the two towers is not prohibited by code. Voluntary compliance with current code is the norm. Lifeguards are proactive and are normally able to keep vessels out of the protected swim zones through voluntary compliance. Commissioner Weithorn-Ask Javier Otero if this was still an issue Javier Otero-Stated that as long as they are out of the swim zone there is no problem. Currently, there have been no complaints. MOTION: by Commissioner Weithorn to take no action. No Second required. 5. Discussion Regarding The Andree Juliette Brun Bust And Chuck Hall Bust Formerly On Display At The Jackie Gleason Theater. 10:39AM Kathie Brooks, Assistant City Manager, presented the item. Andree Juliette Brun was an accomplished pianist who was born in Paris, France, and lived in Los Angeles, Miami, Buenos Aires and New York City over the course of her life. She was appointed President of the Miami Beach Community Concert Association, which was a resident company at the Jackie Gleason Theater for numerous years. Ms. Brun passed away in 1989. To memorialize her accomplishments, five bronze busts of Ms. Brun were commissioned to sculptor Frank Colson of Sarasota, Florida. Chuck Hall was the first Mayor of Metropolitan Dade County from 1964-1970 and subsequently, Mayor of Miami Beach from 1971-1974. He also made an unsuccessful attempt to run for Governor of Florida, but passed away of a sudden heart attack In August 1974. As mayor of Miami Beach he hosted the Democratic and Republican National Conventions in 1972. Busts were placed inside the Jackie Gleason Theater in honor of Mayor Hall and Ms. Brun. In 2007 Live Nation was awarded a management agreement for the Jackie Gleason Theater and immediately began a $3.5 million renovation of the theater before rebranding the theater as the Fillmore Miami Beach at the Jackie Gleason Theater. At that time, the busts were removed and stored at the Miami Beach Convention Center. Mr. Jim Anderson, widower of the late Ms. Brun, recently contacted the City requesting 203 the busts be placed back at the Jackie Gleason Theater. City staff began researching the history of both busts and was unable to find a resolution or any formal action from the then City Commission approving and authorizing the placement of these busts in honor of Mayor Hall and Mr. Brun. Commissioner Weithorn-Asked Kathie Brooks if there was a location for the bust. Kathie Brooks-Stated that no, there is no location for the bust. There has been no direction from previous commission regarding the approval and placement of the bust. Commissioner Weithorn-Would like to look for an alternate location. However, feels that more residents should be notified that this item is being brought up. Did not feel that action should be taken without proper representation of community members. Information needs to be communicated to residents about the bust and what to do with it. There needs to be a policy in place about honoring people, a standardized form that can be followed in the future. Commissioner Malakoff-Something that should be looked at now that the City will be turning 100 years old is a museum or a building to house memorabilia. This would be something to discuss further with Max Sklar. Commissioner Weithorn-Ask if that would be more of a policy discussion. Commissioner Malakoff-Directed a question to City Attorney Jose Smith. She asked if there was already a policy in place regarding the acceptance of busts or memorials. Jose Smith-Stated that there is an ordinance on how to establish memorials and honoring individuals, however, the City does not have a policy regarding the criteria for the acceptance of a bust. This is something that could be looked at by the City Attorney and brought back to the Committee in the future. Jimmy Anderson (resident) spoke. Motion: by Commissioner Weithorn to take no action. No second required. 6. Discussion Regarding 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 Committee's" 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 Boards, And Committees; Providing For Repealer, Severability, Codification, And An Effective Date 11:15 AM. Raul Aguila, Deputy Chief City Attorney, presented the item. The attached Ordinance (Exhibit "A) resulted from Commissioner Malakoff's review of all of the current standing City boards and committees created by ordinance and codified in Chapter 2, Article Ill of the City Code. As she read through the mission statements, powers and duties and membership compositions of these many boards and committees, she 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 204 are doing the same work as another commlttee; 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 "B"}. She has subsequently met with members of the City Manager and the City Attorney's Office and together they have drafted the attached Ordinance for the full Commission's consideration. 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. Commissioner Malakoff-Boards have increased exponentially over the years. After careful evaluation and speaking to various people, streamlining the boards and committees would be best. Commissioner Weithorn-Brought up concerns in regards to the Fine Arts Board, if they are still jurying artists. Max Sklar-Clarified that the Fine Arts Board no longer over sees the Festival of the Arts but they do jury the artists to ensure the work is done by them. That is their only function. Commissioner Malakoff-Asked if jurying the artists is something staff can do. Max Sklar-There needs be an alternative. Code Compliance is responsible for code enforcement. Commissioner Weithorn-Would like the board to stay on the next cycle of jurying to see how the process goes and after the fiscal year, the board can be removed. Raul Aguila-The Fine Arts Board would have to be brought to a resolution. Commissioner Weithorn-Stated that the Affordable Housing Committee does not have enough participation from those in the housing arena. Raul Aguila-Explained what Commissioner Weithorn was saying, that currently the board has to have half the members to either reside in target areas or have businesses in target areas. Those target areas are identified in the Consolidated Plan on page 38, under the composition. There are 18 members on that committee. Seven of the members are direct appointments. Commissioner Malakoff-Stated that it makes sense for those in the committee that are appointed to be members that fall in the target areas. Raul Aguila-Can carry over this requirement to second reading. Commissioner Weithorn-There needs to be the right caliber of people on these committees. Raul Aguila-Spoke to Maria Ruiz and the caliber of people that are on the AHC are more than qualified to absorb the responsibilities of the other boards. The amendment to require that the appointed positions live or have businesses in the target areas. 205 Commissioner Weithom-Wanted to know what happened to the Beautification Committee. Raul Aguila-After looking at the powers and duties of the committee, the powers were limited to approving landscaping. Julio Magrisso Assistant Director of Parks and Recreation-The committee does give out the awards once a year and they have been meeting. They have not been approving landscaping. Commissioner Malakoff-Does not believe that there needs to be a committee to give out awards once a year. Commissioner Weithorn-Agreed. Raul Aguila-Refers to the after-action proposing a provision for up to 3 months, proposed by the Mayor. Commissioner Malakoff-Thinks that 3 months is more than enough far committees that are being abolished. The main discussion that was heard was that of appointment. She does not think there should be appointment to committee that are going to be abolished. Commissioner Weithorn-There needs to be direction regarding what to do with the Fine Arts Board and jury process, 3 months is not enough time. Suggests that in the next 3 months to have a joint meeting with the committees that are going away. It would be useful to let them have their inputs on issues to be discussed. Asked if that can be done in 3 months? Commissioner Malakoff-Informed that yes it can be done. Commissioner Weithorn-Stated that the setup is great; however the transition needs to be better. John Rebar Director of Parks and Recreation-Stated that at the next Parks and Recreations Advisory Board meeting, the discussion on how to move along this process will be discussed. Raul Aguila-Following up on that point once approval on second reading, send a letter to the members of the committees that are being absorbed or being eliminated they can reapply to another committee or participate in the weekly meetings if they want to as public participation. Commissioner Steinberg-Stated to let them keep their parking until the end of their term. Rafael Granado City Clerk-Informed the committee that some terms are 2 years. Asked the committee if the parking pass would just be used until the end of the year or the term. Commissioner Steinberg-Clarified it would be until the end of the year. Commissioner Weithorn-Restated that the end of the year is fine. Frank Del Vecchio (resident) spoke. Robert Rabinowitz (resident) spoke. 206 Raul Aguila-Clarified that the parking decals would have to be physically removed by staff. Commissioner Weithorn-Stated that they deserve the right to keep their decal until the end of the year. Raul Aguila -Clarified Mr. Del Vecchio's point, stating that the commission has set precedent by letting outgoing commissioners and officials keep their parking decal in honor of their service. MOTION: by Commissioner Malakoff to accept the ordinance. Seconded by Commissioner Weithorn Mayor Levine-Stated that when the City asks great people to work with the City, giving them a perk of a parking permit is not unreasonable. In order to get someone really qualified to give them a little thank you, there is nothing wrong with that. 7. Discussion Regarding The Establishment Of The City's Ticket Policy 10:47 AM Kathie Brooks, Assistant City Manager, and Jose Smith, City Attorney, presented the item. The discussion on a ticket distribution policy stemmed from an initial investigation by the Miami-Dade Commission on Ethics and Public Trust (COE) and State Attorney's office (SAO) in response to a complaint by the New World Symphony (NWS) about the inclusion of a complimentary ticket program as part of the negotiations of proposed revisions to the "public benefits" section of the NWS's lease with the City for the NWS use of public land. The proposed inclusion of the complimentary ticket program was in keeping with established, negotiated public benefits in other City agreements, subsequent to both a State Commission on Ethics opinion, as well as a City resolution on the concept. More specifically, in 1992, the Florida Commission on Ethics issued its Opinion No. 92- 33, holding that City of Miami Beach elected officials could legally accept complimentary tickets from the City (obtained via negotiated 'puplic benefit' clauses in City contracts) to performances taking place at City-owned venues, subject only to the requirement that public disclosure of such ticket receipt be made by the recipient/Officials on quarterly gift disclosure forms (see Attachment F, Opinion No. 92-33). In reliance upon the opinion of the State Ethics Commission, the City of Miami Beach adopted its Resolution No. 93- 20694, in which the City Commission formally established a procedure for the City's distribution of its tickets to performances taking place at City-owned venues, whereby designated municipal officials and deserving members of the community would receive complimentary tickets to such productions (see Attachment G, COMB Reso. No. 93- 20694). A complimentary ticket program has been negotiated as part of resulting public benefits programs for other venues with management and/or lease agreements, including the Miami City Ballet, Jackie Gleason Theater and Byron Carlyle Theater. Based on this longstanding City policy (approved as a resolution by the City Commission) and State Commission on Ethics opinion, upon which the City relied in negotiating complimentary ticket programs as part of public benefits clauses, the SAO 207 closed its case on October 18, 2011, with a finding of no wrongdoing, but referred the matter to the COE for further review on the policy elements of the issue. On March 1, 2012, the COE released a DRAFT "Guidelines and recommendations regarding 'public benefit' clauses in certain government contracts." The focus of the guidelines was on complimentary ticket programs in those public benefits clauses, and what they perceived to be "flawed" policies by several municipalities relating to such. Cities that were researched to develop these recommendations included the City of Miami Beach, Miami, Homestead, Coral Gables and Hialeah. While acknowledging the City of Miami Beach's prior ethics opinion on the matter, and the City of Miami Beach Resolution that has existed since 1993, the COE raised concerns with the methodology of distribution, in particular when elected offlcials re-allocate tickets provided to them through complimentary ticket programs in public benefits clauses, as this may appear to serve a personal or political agenda, rather than meet the intended purpose. The recommendations did acknowledge, as well, that elected officials and other City staff may need to attend events in their official capacity. On March 27, 2012, the COE issued an "Addendum" to the guidelines that specifically address the latter (see Attachment H, COE Draft Guidelines and Addendum}. The City Attorney reviewed the COE's recommended guidelines and on February 28, 2012, he submitted a Memorandum of Law to the COE addressing the issues raised by their guidelines, and challenging the authority of the COE to issue such standards/guidelines. In his opinion, these are matters of public policy and not subject to review by the COE (Attachment 1 }. In response to the COE's recommended guidelines, the City Attorney's Office developed a proposed resolution establishing a policy for the distribution of tickets received pursuant to a complimentary ticket program in a negotiated public benefit clause. In summary, the key recommended policy points are: • Delineates the applicability of the policy (when it would apply); • Establishes what "public purpose" is served by the distribution of tickets; Recommends a process for the dlstribution of tickets received by the City; and • Delineates disclosure requirements (by the City and by the recipient). Pursuant to this policy, elected officials and certain City Staff would receive tickets on a limited basis (e.g. only for opening night events), with the balance of the tickets distributed to "deserving organizations or groups" that are identified, through a Committee, once a year as being eligible to receive tickets for their participants. In addition, the proposed resolution provides for a process for tickets to also be distributed to other parties by the City in other circumstances (e.g. visiting dignitaries, to meet contractual obligations relating to a municipal marketing program, to recognize employees). The Administration was asked to review the attached DRAFT to ensure that the procedures for distribution included in the proposed resolution could be implemented without any administrative difficulty. Many of the elements of the administration of the ticket distribution process being proposed are already in place today. The attached Resolution has been amended to reflect a reference to an exhibit (Exhibit A) for the full listing of allowable public purposes and to reflect the reference to administrative guidelines for the distribution of tickets. This also reflects language in 208 disclosures referencing the responsibility of the receiving party to know which public purpose they will use the tickets under. This also includes Exhibit B which is an addendum to the guidelines and recommendations regarding "public benefit" clauses in certain government contracts: Public Purpose. The Administrative Guidelines for Distribution are also now attached as a stand-alone document (Exhibit C}, as requested at committee, and further amended to include the recommendations of the Committee in terms of flexibility. The City Commission discussed the matter at their October 24, 2012 meeting. City Attorney Jose Smith explained that the resolution conforms the City's ticket policy to the recommendations by the Ethics Commission. Mayor Bower expressed a concern with how tickets received at the last minute are distributed and how tickets are distributed geographically throughout the City. A motion was passed referring the item to the Neighborhood/Community Affairs Committee to establish a Ticket Policy methodology. Attached in Exhibit "J" is the draft process for distribution of additional tickets not distributed to officials, along with a list of the organizations currently contacted when extra tickets are available. Commissioner Weithorn-Stated that this was something that should be passed and then inform the Ethics Commission that the details are being discussed. Kathie Brooks-Agreed that it should be passed and sent to Commission. Between now and Commission the details can be worked out. Commissioner Weithorn-Asked if the Ethics Commission could work quickly on this. Jose Smith-Stated that yes it can be done; it is being moved in the right direction. Commissioner Malakoff-Ask Jose Smith about the distribution process and who is responsible for it. Jose Smith-Stated that there has to be a point person in Administration to handle the distribution. It cannot be done through the Mayor and Commission office. Kathie Brooks-Stated that under the current process the City has a list of community organization the City offers the tickets to. Administration is asking the Commission to formally adopt the organization and amend it from time to time. Jose Smith-The intent was for NCAC to establish which nonprofit and which individuals would be worth of receiving tickets, and then the administration would carry out the mechanics of sending the tickets out Commissioner Weithorn-Asked if the committee was supposed to put out a guideline. Stated that she was not sure if this committee should be so specific in creating a guideline. Kathie Brooks-Stated that Exhibit C does list the type of organizations that can receive tickets. It recommends an advisory committee to review it on an annual basis. Commissioner Weithorn-What would be ideal is that the organizations let administration know how they are handling these tickets, if they still have their nonprofit status. No one has the intent to do anything wrong, but there needs to be staff to move this along. 209 Administration needs to ensure there is adequate information about the organizations that receive tickets. Commissioner Malakoff-Stated that her main concern is distributed tickets being resold. Commissioner Malakoff-Stated that is covered in the last point, that the City Manager's Office will keep track and create a system. Commissioner Weithorn-Suggested that administration provides that data. Frank Del Vecchio (Resident) spoke. Commissioner Weithorn-Asked Frank if by transparent he meant the organization to be open about who they are distributing the tickets. Frank Del Vecchio (resident) spoke. DIRECTION: by Commissioner Weithorn to have legal and administration work with the Ethic Commission by the next meeting. MOTION: by Commissioner Weithorn to move to the next Commission meeting. Seconded by Commissioner Malakoff. Commissioner Weithorn-move to recess until 11: 15 AM. Seconded by Commissioner Malakoff. MOTION: by Commission Weit horn to adjourn the meeting following the presentation of item 6. Seconded by Commissioner Malakoff. 11:59AM 210 N ~ ~ lC'li i\ i\ ! ;\ /\ !\I BEACH· . .._,. fV\l/-\1Vu... . .. PLEASE PRINT LEG/BLY NAME £n .JAv h\ltL-.:;r;:;D M/1 /Z)6:5b c:; A-f.-'/ -Af(fl1~ -foM ~ M~t~ttJ&bc) ~1th ~\O( (~y :S-cAv; .u 0 :k1u G. ~ V\.12-D \<.JR~ () k,., rf<t~ ftlf{W/<-)t L Vt cc /f 1 b ~c~lr\ · NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE JANUARY 30, 2014 SIGN-IN SHEET ORGANIZATION I DEPT. PHONE NO. EMAIL CMb r I 565 G c~ · bSO C.t-A~ M BilVtJOVl~ ""Of° C,7~ 1flf0 ew~vt C11.l1...f:> .?v&...1.c ~1..< .. .'e:. Xl=>3i..°) 'c; .\:; '\, l.::.@ rLt ((:..M; ~l;\'l . e11;J ~~ ~ 1 /i:o.,. & 1.Jsi ll ~ v "' ./ CIV)Jf] ~ C4C dr r:t1 {lfNilf' /'vl t Ii }'rl ( o\/ / ,fi!. oM.e 6(JJ/J!d/..__ '/10 -30? 'c20tf. Mifi111 ~;;di~~-~ h.-o~ 3d f b 1'-1-'-fit.~ ~c r ( J /,er-J (,) Uno.. c~f Jl .e.--1 FI~ e.. tl2o J o+ero \j-1 \-,fle ;t 5-go ~v ?ril( t ~ '7 I 1o 3o/ oc.e'/V i)f(.1vf c.ou bo ~D!"-67l· 2y'~b .PJe/vecc4~o eo:t.b.11t1clob. he't-C \"\o\.. ~ (c. ·I }..t.)t· 105 ... qf<., .. 3 L\~ (. t?_. f \ ~\.\.~\ n:@ (2 <.'\ .r-\-',\11A. k · \.'\. t'"' \ (g /v\l f\/\I BEACH PLEASE PRINT LEG/BLY NAME NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE JANUARY 30, 2014 SIGN-IN SHEET ORGANIZATION I DEPT. ft'/ t;t/1 JC oeJ ( L!--'<:' pU e ~ f o -f=. ';: & ct k i5 Pc,(c t fes 1deV'.+ '10~'~ PHONE NO. ~o 'J ~ r;, 7 .... -L-( "1 { 7S(,-U7-77W EMAIL JawJ.d .iJ IJ 4j e r,...v1fi1 (.L~ A ,tf\S--S1( 3'1 e Y< ~ Oo, C-o I r9l{oe CJ~I, ~I Dd5t'lot..£ \JoV\ bajui..-I E;=.c~tY.B~ t1P;;~slc4'.4t)-I _ fil q. ~.-.<-r....__.<P; ..... ~ ... 8 . ...,.lf' I f\) l \ ~' THIS PAGE INTENTIONALLY LEFT BLANK 213 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager or his designee to apply for and accept five (5) grants and one (1) re uest for water ro·ect fundin . Key Intended Outcome Supported: 1) Maintain Miami Beach public areas and rights of way citywide; 2) and 3) Increase satisfaction with family recreational activities; and 3) Enhance learning opportunities for youth; 4) Increase community satisfaction with city Qovernment; 5) Maintain crime rates at or below national trends; and 6) Maintain city's infrastructure. Supporting Data: Community Satisfaction Survey 2012: 1) The Parks and Recreation Department has completed the fourth year's goal for the reforestation plan with over 400 trees planted, bringing the program total to 4,250 trees installed to date; The rating of the maintenance of parks increased from 81 % rating as "Good" or "Excellent" in 2005 to 82% in 2012; 2) and 3) The typical resident visited City parks/recreational areas 58 times during 2012, an increase from 47 times in 2009; 3) 85% of residents rated recreation programs as either 'excellent' or 'good'; and Environmental Scan 2012: 4) The Fire Department has experienced more than a 9% increase in number of pre-hospital care calls for service from 14,865 in 2001 to 16,243 in 2011; 5) Part I violent crimes have decreased 22% from 1, 143 in 2001 to 887 in 2011; 6) NIA Item Summary/Recommendation: The Administration requests approval to authorize the City Manager or his designee to submit grant applications to: 1) Florida Department of Agriculture and Consumer Services, Urban and Community Forestry Program, in the approximate amount of $10,000 to conduct a tree inventory; 2) State of Florida, Department of Environmental Protection, Land and Water Conservation Fund (LWCF), in the approximate amount of $200,000 for park improvements projects; 3) Florida Junior Golf Council for funding in the approximate amount of $5,000 for the Normandy Shores Youth Golf Program; 4) Florida Department of Health Emergency Medical Services (EMS) grant in the approximate amount of $40,000 for pre-hospital equipment; 5) Florida Office of the Attorney General, Victims of Crime Act (VOCA) in the approximate amount of $100,000 for the City's Victims' Advocate Program; and, 6) Approval to submit a request to the State Legislature for Water Project funding in the approximate amount of $500,000; appropriating the above grants, funding requests, 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 qrants and fundinQ requests. Financial Information: Source # Grant Name/Project Approx. Approximate Match m ~ Award Amount/Source f@~ Amount 1 Florida Dept of Agriculture and $10,000 $10,000/Park Landscape Consumer Services, Urban & Maintenance Operating Budget Community Forestry/Inventory # 011-0940-000312 2 Florida Dept of Environmental $200,000 $200,000/Matching funds will be Protection LWCF/Park requested through the FY Improvements 2014/15 BudQet Process 3 Florida Junior Golf Council/ $5,000 N/A Normandy Shores Youth Golf 4 State of Florida Matching EMS/Pre-$40,000 $10,000/Fire Department FY Hospital Equipment 2013/14 Operating Funds 011-1220-000343 5 Florida Office of the Attorney $100,000 $25,000/ State Confiscation GeneraJNOCA Funds# 607-4719-000111 through the FY 2014/15 budget process (to be appropriated). 6 State Legislature/Water Project $500,000 N/A Fundinq Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Si n-Offs: Assistant City Manager MIAMI BEACH 215 City Manager °'AjENDA ITEM c 7 A DATE ~-Jc)-/l( G 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 of he City t:ssion Jimmy L. Morales, City Manager 1 __ f--- February 12, 2014 ~~so~~TI~~~~ THBEE~~~~R FL,gR~~i; c~~~~6~~~ OF;~~ AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1) THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, URBAN AND COMMUNITY FORESTRY PROGRAM, IN THE APPROXIMATE AMOUNT OF $10,000 FOR THE TREE INVENTORY; 2) STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND AND WATER CONSERVATION FUND (LWCF) FOR FUNDING IN THE APPROXIMATE AMOUNT OF $200,000 FOR PARK IMPROVEMENTS; 3) FLORIDA JUNIOR GOLF COUNCIL, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $5,000 FOR THE NORMANDY SHORES YOUTH GOLF PROGRAM; 4) STATE OF FLORIDA, DEPARTMENT OF HEAL TH, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $40,000 FOR EQUIPMENT RELATED TO PRE-HOSPITAL EMERGENCY SERVICES; 5) FLORIDA OFFICE OF THE ATTORNEY GENERAL, VICTIMS OF CRIME ACT (VOCA) FUNDING, IN THE APPROXIMATE AMOUNT OF $100,000 FOR THE CITY'S VICTIMS' ADVOCATE PROGRAM; AND, 6) APPROVAL TO SUBMIT A REQUEST TO THE STATE LEGISLATURE FOR WATER PROJECTS FUNDING IN THE APPROXIMATE AMOUNT OF $500,000; APPROPRIATING THE ABOVE GRANTS, FUNDING REQUESTS, 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 AND FUNDING REQUESTS ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Approval to submit a grant application to the Florida Department of Agriculture and Consumer Services, Urban and Community Forestry grant program, in the approximate amount of $10.000 for Tree Inventory funding 216 Commission Memorandum Page2 Funding is available, through the Florida Department of Agriculture for organizations to develop or enhance their urban and community forestry programs. Awards can be used for tree planting on public land, tree protection projects, tree inventories and tree management plans. The program requires $1 :$1 matching funds. Trees are important to the Miami Beach community, and the Administration intends to apply for funding for the City's tree inventory. The City wishes to enter into a Florida Urban and Community Forestry Grant Memorandum of Agreement between the City and the Florida Department of Agriculture and Consumer Services in support of the Tree Inventory Program, which is part of the City's Reforestation Plan. As such, the Administration intends to request funding in the approximate amount of $10,000. Matching funds are available in the Parks Department Operating Budget. This grant supports the key intended outcome to maintain Miami Beach public areas and rights of way citywide. 2. Approval to submit a grant application to the State of Florida. Department of Environmental Protection, Land and Water Conservation Fund for City park improvements The Land and Water Conservation Fund (LWCF) provides financial assistance for acquisition or development of land for public outdoor recreation. The LWCF State Assistance Program was established in 1965 to stimulate a nationwide action program to assist in preserving, developing, and assuring quality outdoor recreation resources. The program provides matching grants to States and through States to local units of government, for the acquisition and development of public outdoor recreation sites and facilities. The Administration intends to apply for eligible park improvements in the approximate amount of $200,000. If awarded, matching funds will be appropriated through the FY 2014/2015 budget process. This project supports the key intended outcome to increase satisfaction with family recreational activities. 3. Approval to submit an application to Florida Junior Golf Council Funding in the approximate amount of $5.000 for the Normandy Shores Youth Golf Program Created in 2002 by the Dade Amateur Golf Association, the Florida Junior Golf Council was formed for the benefit of Florida's junior golf programs. Through the efforts of golf advocates throughout the state, the "Golf Capital of the World" license plate was passed into law by the Florida legislature and the revenue derived from the "golf license plate" is used to assist organizations in the State that offer instruction and playing opportunities in conjunction with education. The mission of the Florida Junior Golf Council (FJGC) is to improve the lives of Florida's youth by introducing them to the game of golf and the values embodied in the game. The organization provides funds to junior golf programs that offer instruction and playing opportunities in conjunction with education in golfs core values of integrity, honesty, personal responsibility and sportsmanship. Additionally, the grant program assists junior golf organizations that serve economically disadvantaged youth, children with special needs and the general population. The FJGC places great emphasis on providing affordable golf course access to program participants both during scheduled programming and after programming is concluded. The City has previously been awarded funding from the Florida Junior Golf Council for the youth golf clinic at Normandy Shores Golf Course. The program 217 Commission Memorandum Page 3 has been successful and the Administration intends to continue this program. The Administration intends to apply to the Florida Junior Golf Council (FJGC) for funding in the approximate amount of $5,000 to continue the program. The grant does not require a cash match; however, the FJGC encourages applicants to develop a variety of individual, community and private funding sources. This project supports the key intended outcomes to increase satisfaction with family recreational activities and enhance learning opportunities for youth. 4. Approval to submit a grant application to the State of Florida, Department of Health for funding in the approximate amount of $40,000 for Fire equipment related to Pre- Hospital Emergency Services The State of Florida Emergency Medical Services (EMS) matching grant program provides emergency medical service providers with funds to acquire, repair improve or upgrade emergency medical services systems. Funds must be used for the improvement and expansion of emergency medical services within the list of eligible activities outlined by the State. The Administration intends to request funding in the approximate amount of $40,000 for EMS equipment to increase the effectiveness of Fire personnel in emergency situations. This grant requires a 20% match of local funding. The Fire Department will use FY 2013/14 operating budget funds in the approximate amount of $10,000 to cover the costs of the match. This grant supports the key intended outcome to increase community satisfaction with City government. 5. Approval to submit a grant application to the Office of the Attorney General for Victims of Crime Act (VOCA) funding in the approximate amount of $100,000 for the Police Department's Victims' Advocate Program The Office of the Attorney General provides Victims of Crime Act (VOCA) grant funds from the U.S. Department of Justice to support the provision of services to victims of crime. The Administration plans to apply for funding in the approximate amount of $100,000 for the Police Department's Victim's Advocate Program. The Police Department will provide the required matching funds in the approximate amount of $25,000 from State Confiscation Funds, to be appropriated through the FY 2014/15 budget process. This project supports the key intended outcome to maintain crime rates at or below national trends. 6. Approval to submit a Request for Water Project Funding to the State Legislature in the approximate amount of $500,000 The Florida House of Representatives will be accepting Water Project funding applications through the Agriculture and Natural Resources Appropriations Subcommittee. The Senate has yet to announce a formal process for submitting water projects. However, the Administration intends to apply for funding for eligible water projects in the approximate amount of $500,000. Matching funds are not required but are encouraged. This project supports the key intended outcome to maintain city's infrastructure. 218 Commission Memorandum Page 4 CONCLUSION 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 submit grant applications to: 1) The Florida Department of Agriculture and Consumer Services, Urban and Community Forestry Program, in the approximate amount of $10,000 for the City's tree inventory; 2) State of Florida, Department of Environmental Protection, Land and Water Conservation Fund (LWCF) for funding in the approximate amount of $200,000 for park improvements; 3) Florida Junior Golf Council, for funding in the approximate amount of $5,000 for the Normandy Shores Youth Golf Program; 4) State of Florida, Department of Health, for funding in the approximate amount of $40,000 for equipment related to pre-hospital emergency services; 5) Florida Office of The Attorney General, Victims of Crime Act (VOCA) funding, in the approximate amount of $100,000 for the City's victims' advocate program; and, 6) Approval to submit a request to the State Legislature for Water Projects Funding in the approximate amount of $500,000; appropriating the above grants, funding requests, 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 deslgnee to take all necessary actions related to these grants and funding requests. JLM/JW/JMH 219 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 SUBMIT GRANT APPLICATIONS TO: 1) THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, URBAN AND COMMUNITY FORESTRY PROGRAM, IN THE APPROXIMATE AMOUNT OF $10,000 FOR THE TREE INVENTORY; 2) STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND AND WATER CONSERVATION FUND (LWCF) FOR FUNDING IN THE APPROXIMATE AMOUNT OF $200,000 FOR PARK IMPROVEMENTS; 3) FLORIDA JUNIOR GOLF COUNCIL, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $5,000 FOR THE NORMANDY SHORES YOUTH GOLF PROGRAM; 4) STATE OF FLORIDA, DEPARTMENT OF HEALTH, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $40,000 FOR EQUIPMENT RELATED TO PRE-HOSPITAL EMERGENCY SERVICES; 5) FLORIDA OFFICE OF THE ATTORNEY GENERAL, VICTIMS OF CRIME ACT (VOCA) FUNDING, IN THE APPROXIMATE AMOUNT OF $100,000 FOR THE CITY'S VICTIMS' ADVOCATE PROGRAM; AND, 6) APPROVAL TO SUBMIT A REQUEST TO THE STATE LEGISLATURE FOR WATER PROJECTS FUNDING IN THE APPROXIMATE AMOUNT OF $500,000; APPROPRIATING THE ABOVE GRANTS, FUNDING REQUESTS, 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 AND FUNDING REQUESTS WHEREAS, funding is available, through the Florida Department of Agriculture for organizations to develop or enhance their urban and community forestry programs and awards can be used for tree planting on public land, tree protection projects, tree inventories and tree management plans; and WHEREAS, trees are important to the Miami Beach community, and the Administration intends to apply for funding for the City's tree inventory; and WHEREAS, the City wishes to enter into a Florida Urban and Community Forestry Grant Memorandum of Agreement between the City and the Florida Department of Agriculture and Consumer Services in support of the Tree Inventory Program, which is part of the City's Reforestation Plan and the City Administration intends to apply for in the approximate amount of $10,000; and WHEREAS, matching funds are required and are available in the Parks Department Operating Budget and this grant supports the key intended outcome to maintain Miami Beach public areas and rights of way citywide; and WHEREAS, approval is requested to submit a grant application to the Florida Department of Agriculture and Consumer Services, Urban and Community Forestry grant program, in the approximate amount of $10,000 for Tree Inventory funding; and 220 WHEREAS, the Land and Water Conservation Fund (LWCF) provides financial assistance for acquisition or development of land for public outdoor recreation; and WHEREAS, the LWCF State Assistance Program was established in 1965 to stimulate a nationwide action program to assist in preserving, developing, and assuring quality outdoor recreation resources; and WHEREAS, the program provides matching grants to States and through States to local units of government, for the acquisition and development of public outdoor recreation sites and facilities; and WHEREAS, the Administration intends to apply for eligible park improvements in the approximate amount of $200,000 and, if awarded, matching funds in the approximate amount of $200,000 will be appropriated through the FY 2014/2015 budget process; and WHEREAS, this project supports the key intended outcome to increase satisfaction with famlly recreational activities; and WHEREAS, approval is requested to submit a grant application to the State of Florida, Department of Environmental Protection, Land and Water Conservation Fund for City park improvements; and WHEREAS, the Florida Junior Golf Council was created in 2002 by the Dade Amateur Golf Association, and formed for the benefit of Florida's junior golf programs; and WHEREAS, through the efforts of golf advocates throughout the state, the "Golf Capital of the World" license plate was passed into law by the Florida legislature and the revenue derived from the "golf license plate" is used to assist organizations in the State that offer instruction and playing opportunities in conjunction with education; and WHEREAS, the mission of the Florida Junior Golf Council (FJGC) is to improve the lives of Florida's youth by introducing them to the game of golf and the values embodied in the game; and WHEREAS, the organization provides funds to junior golf programs that offer instruction and playing opportunities in conjunction with education in golfs core values of integrity, honesty, personal responsibility and sportsmanship, additionally, the grant program assists junior golf organizations that serve economically disadvantaged youth, children with special needs and the general population; and WHEREAS, the FJGC places great emphasis on providing affordable golf course access to program participants, both during scheduled programming and after programming is concluded; and WHEREAS, the City has previously been awarded funding from the Florida Junior Golf Council for the youth golf clinic at Normandy Shores Golf Course, the program has been successful; and 221 WHEREAS, the Administration intends to apply to the Florida Junior Golf Council (FJGC) for funding in the approximate amount of $5,000 to continue the program; and WHEREAS, the grant does not require a cash match; however, the FJGC encourages applicants to develop a variety of individual, community and private funding sources and this project supports the key intended outcomes to increase satisfaction with family recreational activities and enhance learning opportunities for youth; and WHEREAS, approval is requested to submit an application to Florida Junior Golf Council for funding in the approximate amount of $5,000 for the Normandy Shores Youth Golf Program; and WHEREAS, the State of Florida Emergency Medical Services (EMS) matching grant program provides emergency medical service providers with funds to acquire, repair improve or upgrade emergency medical services systems and funds must be used for the improvement and expansion of emergency medical services within the list of eligible activities outlined by the State; and WHEREAS, the Administration intends to request funding in the approximate amount of $40,000 for EMS equipment to increase the effectiveness of Fire personnel in emergency situations; and WHEREAS, this grant requires a 20% match of local funding and the Fire Department will use FY 2013/14 operating budget funds in the approximate amount of $10,000 to cover the costs of the match and this grant supports the key intended outcome to increase community satisfaction with City government; and WHEREAS, approval is requested to submit a grant application to the State of Florida, Department of Health for funding in the approximate amount of $40,000 for Fire equipment related to Pre-Hospital Emergency Services; and WHEREAS, the Office of the Attorney General provides Victims of Crime Act (VOCA) grant funds from the U.S. Department of Justice to support the provision of services to victims of crime; and WHEREAS, the Administration intends to apply for approximately $100,000 in grant funds, and the Police Department will provide the required matching funds in the approximate amount of $25,000 from State Confiscation Funds to be appropriated through the FY 2014/15 budget process; and WHEREAS, this project supports the key intended outcome to maintain crime rates at or below national trends; and WHEREAS, approval is requested to submit a grant application to the Office of the Attorney General for Victims of Crime Act (VOCA) funding in the approximate amount of $100,000 for the Police Department's Victims' Advocate Program; and WHEREAS, the Florida House of Representatives will be accepting Water Project funding applications through the Agriculture and Natural Resources Appropriations Subcommittee, the Senate has yet to announce a formal process for submitting water projects; and 222 WHEREAS, the Administration intends to apply for funding for eligible water projects in the approximate amount of $500,000; and WHEREAS, matching funds are not required but are encouraged and this project supports the key intended outcome to maintain city's infrastructure; and WHEREAS, approval is requested to submit a Request for Water Project Funding to the State Legislature in the approximate amount of $500,000. 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 submit grant applications to: 1) The Florida Department of Agriculture and Consumer Services, Urban and Community Forestry Program, in the approximate amount of $10,000 for the City's tree inventory; 2) State of Florida, Department of Environmental Protection, Land and Water Conservation Fund (LWCF) for funding in the approximate amount of $200,000 for park improvements; 3) Florida Junior Golf Council, for funding in the approximate amount of $5,000 for the Normandy Shores Youth Golf Program; 4) State of Florida, Department of Health, for funding in the approximate amount of $40,000 for equipment related to pre-hospital emergency services; 5) Florida Office of The Attorney General, Victims of Crime Act (VOCA) funding, in the approximate amount of $100,000 for the City's victims' advocate program; and, 6) approval to submit a request to the State Legislature for Water Project funding in the approximate amount of $500,000; appropriating the above grants, funding requests, 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 and funding requests. PASSED and ADOPTED this ___ day of ___ , 2014 ATTEST: CITY CLERK JLM/JW/JMH 223 MAYOR APPROVED AS TO FOAM & LANGUAGE & FOtl EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 224 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MANAGER TO AMEND CONTRACTS AWARDED PURSUANT TO ITB 25-10/11 FOR THE PURCHASE AND DELIVERY OF UNIFORMS AND ACCESSORIES FOR VARIOUS DEPARTMENTS. Ke Intended Outcome Su orted: Issue: I Shall the City Commission approve the award of Contract? Item Summa /Recommendation: ITB 25-10/11 was awarded on December 14, 2011, with a four (4) year term with two (2) optional one (1) year periods, for the purpose of securing a contract through which City departments could fulfill the requirement of providing uniforms to those employees who are required to wear them. Primarily the City employees required to wear uniforms are within the Public Works, Parks and Recreation, Parking, Building, Fire, Police, Ocean Rescue and Code Compliance Departments. Pursuant to the attached City Commission agenda item, contracts for uniforms were approved wlth the following vendors: • All Uniform Wear (for Groups 2, 4 and 8) • Swago T-shirts (for Group 6 and 8) • Unicommerce (for Group 3 and 8) • Global Trading (for Group 1 , 5, 7 and 8) The contracts awarded pursuant to the ITB allowed for the purchase of specific types, brands and models of uniforms as stipulated in the ITB and in the bid responses received. However, inadvertently, neither the contract nor the !TB allowed for a method to modify the item awarded in the event that the item was discontinued or replaced by the manufacturer. Additionally, the contract did not allow for the purchase of balance of line items not specifically stipulated in the ITB. Most governmental agencies will award this type of routine requirement contract with a balance of line option which allows the agency to purchase other requirements that may be identified after the award of specific items. A balance of line options allows the City to purchase additional items at a pre-determined percentage discount for the required item(s). The balance of line option is helpful when contract items are discontinued and provides the City with options for establishing a standardized uniform policy which may include items currently not under contract. RECOMMENDATION To expedite the purchase of uniforms as required by certain City employees, it is recommended that the current contracts with the awarded vendors be amended to include a balance of line option as detailed in the attached Amendment 1 to the contracts. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 Various Various Departmental Accounts Total Financial Impact Summary: Account information and availability of funds shall be verified and approved for each request prior to procuring the services .. Cit Clerk's Office Le islative Trackin Alex Denis, Director Ext # 6641 MIAMI BEACH 225 er AGENDA JTEM _C'"----"7~8~...,-- 0ATE ~-/~-J'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 oft e City Co FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MANAGER TO AMEND CONTRACTS AWARDED PURSUANT TO ITB 25-10/11 FOR THE PURCHASE AND DELIVERY OF UNIFORMS AND ACCESSORIES FOR VARIOUS DEPARTMENTS. ADMINISTRATION RECOMMENDATION Approve issuance of the RFP. BACKGROUND ITB 25-10/11 was awarded on December 14, 2011, with a four (4) year term with two (2) optional one (1) year periods, for the purpose of securing a contract through which City departments could fulfill the requirement of providing uniforms to those employees who are required to wear them. Primarily the City employees required to wear uniforms are within the Public Works, Parks and Recreation, Parking, Building, Fire, Police, Ocean Rescue and Code Compliance Departments. Pursuant to the attached City Commission agenda item, contracts for uniforms were approved with the following vendors: • All Uniform Wear (for Groups 2, 4 and 8) • Swago T-shirts (for Group 6 and 8) • Unicommerce (for Group 3 and 8) • Global Trading (for Group 1, 5, 7 and 8) The contracts awarded pursuant to the ITB allowed for the purchase of specific types, brands and models of uniforms as stipulated in the ITB and in the bid responses received. However, inadvertently, neither the contract nor the /TB allowed for a method to modify the item awarded in the event that the item was discontinued or replaced by the manufacturer. Additionally, the contract did not allow for the purchase of balance of line items not specifically stipulated in the ITB. Most governmental agencies will award this type of routine requirement contract with a balance of line option which allows the agency to purchase other requirements that may be identified after the award of specific items. A balance of line options allows the City to purchase additional items at a pre-determined percentage discount for the required item(s). The balance of line option is helpful when contract items are discontinued and provides the City with options for establishing a standardized uniform policy which may include items currently not under contract. 226 Commission Memorandum -Resolution Authorizing Amendment to the Contracts Awarded Pursuant to ITB 25-10/11 February 12, 2014 Page2 RECOMMENDATION To expedite the purchase of uniforms as required by certain City employees, it is recommended that the current contracts with the awarded vendors be amended to include a balance of line option as detailed in the attached Amendment 1 to the contracts. 227 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND GLOBAL TRADING, INC. DATED ------ FOR THE PROVISION OF UNIFORMS, SAFETY SHOES AND BOOTS, AND ACCESSORIES. This Amendment No. 1 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 Global Trading, a Florida corporation, having its offices at 525 Northeast 32nd Street, Fort Lauderdale, Florida 33334 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, pursuant to Invitation to Bid (ITB) 25-10/11, the Mayor and City Commission, on December 14, 2011, approved and authorized the Mayor and City Clerk to execute an Agreement with Contractor for the provision of uniforms and related items as noted in the ITB (the Agreement); and WHEREAS, neither the Agreement nor the ITB provide an option for balance of line items to replace discontinued items or supplement the items noted in the ITB; and WHEREAS, the City is desirous of purchasing balance of line uniforms and related items to replace discontinued items and supplement those items noted in the ITB; and WHEREAS, Contractor has agreed to furnish the supplemental balance of line items in accordance with Article 2 of this Amendment 1 to Agreement; and WHEREAS, Contractor agrees that all other terms and conditions of the Agreement shall remain in full force and effect; and NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. Page 1of3 Amendment 1 to Agreement Pursuant to /TB 25-10/11 228 2. BALANCE OF LINE OPTIONS Contractor agrees to furnish all balance of line uniforms and related items to the City in accordance with the following discount rates per manufacturer. Contractor shall furnish documentation verifying manufacturer's suggested retail price (MSRP) with each invoice: TYPE DISTRIBUTOR CATALOG BILLING RATE Men's Pants & Shorts Horace Small 20% Discount from MSRP Edwards 20% Discount from MSRP Red Kap 25% Discount from MSRP Dickies 25% Discount from MSRP Mocean 20% Discount from MSRP 5.11 20% Discount from MSRP Sanmar 25% Discount from MSRP Propper 20% Discount from MSRP Tru Spec 20% Discount from MSRP Men's Shirts Horace Small 20% Discount from MSRP Edwards 20% Discount from MSRP Sanmar 25% Discount from MSRP Port Authority 20% Discount from MSRP Red House 20% Discount from MSRP Cornerstone 20% Discount from MSRP Sport Tek 20% Discount from MSRP Gildan 20% Discount from MSRP Hanes 20% Discount from MSRP Liberty 20% Discount from MSRP Harriton 20% Discount from MSRP Devon & Jones 20% Discount from MSRP Jerzees 20% Discount from MSRP Van Heusen 20% Discount from MSRP 5.11 20% Discount from MSRP Propper 20% Discount from MSRP Tru Spec 20% Discount from MSRP Women's Pants & Shorts Horace Small 20% Discount from MSRP San mar 25% Discount from MSRP Edwards 20% Discount from MSRP Red Kap 25% Discount from MSRP Dickies 25% Discount from MSRP Mocean 20% Discount from MSRP 5.11 20% Discount from MSRP Propper 20% Discount from MSRP Tru Spec 20% Discount from MSRP Women's Shirts Horace Small 20% Discount from MSRP San mar 25% Discount from MSRP Edwards 20% Discount from MSRP Port Authority 20% Discount from MSRP Red House 20% Discount from MSRP Cornerstone 20% Discount from MSRP Sport Tek 20% Discount from MSRP Gildan 20% Discount from MSRP Hanes 20% Discount from MSRP Liberty 20% Discount from MSRP Harriton 20% Discount from MSRP Devon & Jones 20% Discount from MSRP Jerzees 20% Discount from MSRP Page 2of3 Amendment 1 to Agreement Pursuant to /TB 25-10111 229 Van Heusen 20% Discount from MSRP 5.11 20% Discount from MSRP Proooer 20% Discount from MSRP Tru Spec 20% Discount from MSRP Men's Jackets & Raincoats Horace Small 20% Discount from MSRP Red Kao 25% Discount from MSRP Port Authority 20% Discount from MSRP Libertv 20% Discount from MSRP 5.11 20% Discount from MSRP HarrinQton 20% Discount from MSRP Neese 20% Discount from MSRP Auburn 20% Discount from MSRP Women's Jackets & Horace Small 20% Discount from MSRP Raincoats Red Kap 25% Discount from MSRP Port Authoritv 20% Discount from MSRP Liberty 20% Discount from MSRP 5.11 20% Discount from MSRP Harrington 20% Discount from MSRP Neese 20% Discount from MSRP Auburn 20% Discount from MSRP Accessories (headwear, Broome 20% Discount from MSRP belts, etc.) Port Authority 20% Discount from MSRP Adams 20% Discount from MSRP Upoong 20% Discount from MSRP Anvil 20% Discount from MSRP Otto 20% Discount from MSRP Boston Leather 20% Discount from MSRP 5.11 20% Discount from MSRP Proooer 20% Discount from MSRP Blackhawk 20% Discount from MSRP Blackinton 20% Discount from MSRP IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH City Clerk Mayor ATTEST: CONTRACTOR: Signature: Signature Print Name I Title Print Name I Title Page 3 of3 Amendment 1 to Agreement Pursuant to /TB 25-10111 230 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ALL UNIFORM WEAR, INC. DATED ------ FOR THE PROVISION OF UNIFORMS, SAFETY SHOES AND BOOTS, AND ACCESSORIES. This Amendment No. 1 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 All Uniform Wear, a Florida corporation, having its offices at 2605 West 8 1h Street, Hialeah, Florida 3301 O (hereinafter referred to as "Contractor''). RECITALS WHEREAS, pursuant to Invitation to Bid (ITB) 25-10/11, the Mayor and City Commission, on December 14, 2011, approved and authorized the Mayor and City Clerk to execute an Agreement with Contractor for the provision of uniforms and related items as noted in the ITB (the Agreement); and WHEREAS, neither the Agreement nor the ITB provide an option for balance of line items to replace discontinued items or supplement the items noted in the ITB; and WHEREAS, the City is desirous of purchasing balance of line uniforms and related items to replace discontinued items and supplement those items noted in the ITB; and WHEREAS, Contractor has agreed to furnish the supplemental balance of line items in accordance with Article 2 of this Amendment 1 to Agreement; and WHEREAS, Contractor agrees that all other terms and conditions of the Agreement shall remain in full force and effect; and NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. Page 1of2 Amendment 1 to Agreement Pursuant to /TB 25-10111 231 2. BALANCE OF LINE OPTIONS Contractor agrees to furnish all balance of line uniforms and related items to the City in accordance with the following discount rates per manufacturer. Contractor shall furnish documentation verifying manufacturer's MSRP with each invoice: TYPE DISTRIBUTOR CATALOG BILLING RATE Men's Pants & Shorts Red Kao 25% Discount from MSRP Dickies 25% Discount from MSRP Blau er 20% Discount from MSRP 5.11 20% Discount from MSRP San mar 25% Discount from MSRP Men's Shirts 5.11 20% Discount from MSRP Blauer 20% Discount from MSRP San mar 25% Discount from MSRP Red Kap 25% Discount from MSRP Women's Pants & Shorts 5.11 20% Discount from MSRP Dickies 25% Discount from MSRP Red Kap 25% Discount from MSRP Women's Shirts 5.11 20% Discount from MSRP Blauer 20% Discount from MSRP Sanmar 25% Discount from MSRP Red Kap 25% Discount from MSRP Men's Jackets & Raincoats Red Kap 25% Discount from MSRP Dickies 25% Discount from MSRP Blauer 20% Discount from MSRP 5.11 20% Discount from MSRP Women's Jackets & 5.11 20% Discount from MSRP Raincoats Blauer 20% Discount from MSRP Occunomix 20% Discount from MSRP Dickies 20% Discount from MSRP Accessories (headwear, Sanmar 25% Discount from MSRP belts, etc.) 5.11 20% Discount from MSRP Boston Leather 20% Discount from MSRP IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH City Clerk Mayor ATTEST: CONTRACTOR: Signature: Signature Print Name I Title Print Name I Title Page 2of2 Amendment 1 to Agreement Pursuant to /TB 25-10111 232 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SWAGO T-SHIRTS, INC. DATED ------ FOR THE PROVISION OF UNIFORMS, SAFETY SHOES AND BOOTS, AND ACCESSORIES. This Amendment No. 1 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 Swago T-Shirts, Inc., a Florida corporation, having its offices at 1020 Northwest 1st Court, Hallandale Beach, Florida 33009 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, pursuant to Invitation to Bid (ITB) 25-10/11, the Mayor and City Commission, on December 14, 2011, approved and authorized the Mayor and City Clerk to execute an Agreement with Contractor for the provision of uniforms and related items as noted in the ITB (the Agreement); and WHEREAS, neither the Agreement nor the ITB provide an option for balance of line items to replace discontinued items or supplement the items noted in the ITB; and WHEREAS, the City is desirous of purchasing balance of line uniforms and related items to replace discontinued items and supplement those items noted in the ITB; and WHEREAS, Contractor has agreed to furnish the supplemental balance of line items in accordance with Article 2 of this Amendment 1 to Agreement; and WHEREAS, Contractor agrees that all other terms and conditions of the Agreement shall remain in full force and effect; and NOW, THEREFORE. the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. Page 1 of2 Amendment 1 to Agreement Pursuant to /TB 25-10111 233 2. BALANCE OF LINE OPTIONS Contractor agrees to furnish all balance of line uniforms and related items to the City in accordance with the following discount rates per manufacturer. Contractor shall furnish documentation verifying manufacturer's MSRP with each invoice: TYPE DISTRIBUTOR CATALOG BILLING RATE Men's Pants & Shorts Red Kap 25% Discount from MSRP Dickies 25% Discount from MSRP Men's Shirts Sanmar 25% Discount from MSRP Alpha 25% Discount from MSRP Women's Pants & Shorts Dickies 25% Discount from MSRP Red Kap 25% Discount from MSRP Women's Shirts San mar 25% Discount from MSRP Men's Jackets & Raincoats N/A Women's Jackets & N/A Raincoats Accessories {headwear, Alpha 25% Discount from MSRP belts, etc.) IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH City Clerk Mayor ATTEST: CONTRACTOR: Signature: Signature Print Name I Title Print Name I Title Page 2 of2 Amendment 1 to Agreement Pursuant to /TB 25-10/11 234 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND UNICOMMERCE, INC. DATED ______ . FOR THE PROVISION OF UNIFORMS, SAFETY SHOES AND BOOTS, AND ACCESSORIES. This Amendment No. 1 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 Unicommerce, Inc., a Florida corporation, having its offices at 8085 Northwest 90 1h Street, Medley, Florida 33166 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, pursuant to Invitation to Bid (ITS) 25-10/11, the Mayor and City Commission, on December 14, 2011, approved and authorized the Mayor and City Clerk to execute an Agreement with for the provision of uniforms and related items as noted in the ITS (the Agreement); and WHEREAS, neither the Agreement nor the ITB provide an option for balance of line items to replace discontinued items or supplement the items noted in the ITB; and WHEREAS, the City is desirous of purchasing balance of line uniforms and related items to replace discontinued items and supplement those items noted in the ITS; and WHEREAS, Contractor has agreed to furnish the supplemental balance of line items in accordance with Article 2 of this Amendment 1 to Agreement; and WHEREAS, Contractor agrees that all other terms and conditions of the Agreement shall remain in full force and effect; and NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. Page 1of2 Amendment 1 to Agreement Pursuant to /TB 25-10111 235 2. BALANCE OF LINE OPTIONS Contractor agrees to furnish all balance of line uniforms and related items to the City in accordance with the following discount rates per manufacturer. Contractor shall furnish documentation verifying manufacturer's MSRP with each invoice: TYPE DISTRIBUTOR CATALOG BILLING RATE Men's Pants & Shorts Sanmar 25% Discount from MSRP Blue Generation 25% Discount from MSRP Broder 25% Discount from MSRP Men's Shirts San mar 25% Discount from MSRP Blue Generation 25% Discount from MSRP Broder 25% Discount from MSRP Women's Pants & Shorts San mar 25% Discount from MSRP Women's Shirts Sanmar 25% Discount from MSRP Blue Generation 25% Discount from MSRP Broder 25% Discount from MSRP Men's Jackets & Raincoats San mar 25% Discount from MSRP Broder 25% Discount from MSRP Women's Jackets & San mar 25% Discount from MSRP Raincoats Broder 25% Discount from MSRP Accessories (headwear, Edwards 25% Discount from MSRP belts, etc.) San mar 25% Discount from MSRP Broder 25% Discount from MSRP IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH City Clerk Mayor ATTEST: CONTRACTOR: Signature: Signature Print Name I Title Print Name I Title Page 2 of2 Amendment 1 to Agreement Pursuant to /TB 25-10111 236 RESOLUTION TO BE SUBMITTED 237 THIS PAGE INTENTIONALLY LEFT BLANK 238 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 228-2013, For EmerQencv Shelter Beds to Serve Homeless Population. Key Intended Outcome Supported: Reduce the Number of Homeless. Supporting Data (Surveys, Environmental Scan, etc: 42% of residents rate the City's ability to address homelessness as excellent or i:iood accordini:i to the 2012 Resident Satisfaction Survey. Item Summary/Recommendation: On October 16, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 228-2013 for Emergency Shelter Beds to Serve Homeless Population. The RFP was issued on October 18, 2013, with an opening date of December 5, 2013. The solicitation was advertised and notices were released to prospective proposers. The RFP resulted in proposals from the following three firms: Camillus House; The Sundari Foundation, Inc./ Lotus House Women's Shelter; and The Salvation Army. On December 6, 2013, the City Manager, via Letter to Commission (L TC) No. 435-2013, appointed an Evaluation Committee (the "Committee"). The Committee convened on January 13, 2013, to consider proposals received pursuant to the evaluation criteria established in the RFP and interview the proposers. The Committee was provided with information relative to the City's Cone of Silence and Government in the Sunshine law, general information on the scope of services, reference responses, and additional pertinent information from all responsive proposers. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP. After proposer's presentations and interviews, the Committee discussed the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly. Following the review of the overall rankings, the Committee made the following qualitative observations: • The three (3) proposers were qualified to provide the services. • The proposers have committed or focused their services to a specific gender and the Administration should negotiate with all of them to be able to fulfill all the City's needs and provide services to all populations. • The highest proposer in cost was the only one that could provide services to all populations and fulfill the overall needs of the City. However, it would be better if the Administration can negotiate with all the proposers and distribute the allocation of beds according to its needs. RECOMMENDATION In accordance with the Committee's recommendation and the due diligence review by the City Manager, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Proposal (RFP) No. 228-2013; authorizing the administration to enter into negotiations with the three (3) proposers; and further execute agreements upon completion of successful negotiations by the Administration. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of -Amount Account Fund~ [!!01 $226,958 011.0560.000349 OBPI Total $226,958 Financial Impact Summary: Cit Clerk's Office Le islative Trackin Alex Denis, Extension 6641 City MIAMI BEACH AGENDA 1TEM C 7 C. DATE ~-/~-/</ 239 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 COMMISSION MEMORANDUM om mission SUBJECT:A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACC PTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO REQUEST FOR PROPOSALS (RFP} NO. 228- 2013, FOR EMERGENCY SHELTER BEDS TO SERVE HOMELESS POPULATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Reduce the Number of Homeless FUNDING Account Number in the amount of $226,958 is allocated in Account: 011.0560.000349. BACKGROUND The City, through its Homeless Outreach Program, conducts outreach and engagement to identify homeless persons who are willing to accept shelter as a means of ending their personal homelessness. Last calendar year, the Outreach Program served 686 people, conducted 5, 779 contacts and made 239 shelter placements. Historically, the City has purchased 31 beds from The Salvation Army for men, women and families with children and an additional 15 beds for men from Miami Rescue Mission. The City's most recent contract with The Salvation Army terminated on September 30, 2013. The Miami Rescue Mission contract expires in 2014. At the July 17, 2013 Commission meeting, the Administration sought and obtained consent to issue a month-to-month extension of The Salvation Army contract to enable staff an opportunity to review the Request For Applications (RFA) for emergency shelter beds being issued by the Miami-Dade County Homeless Trust in September 2013. While the City's homeless population is down to 106 persons as of the last Point in Time Census on August 29, 2013, many who remain face addiction, mental illness and often both conditions. The City has proactively engaged in developing strategic alliances with a variety of supportive service providers engaged in the Continuum of Care including population-specific shelters such as Lotus House as well as Homeless Trust-funded shelters such as Camillus House. However, the need for shelter beds remains high. The City has contracted with The Salvation Army for emergency shelter services since 2001. In 2003, the Commission approved the waiving of competitive bid requirements to increase the total number of contracted beds to 31 at The Salvation Army. The City has maintained these beds as well as those at Miami Rescue Mission since then. 240 Commission Memorandum -RFP #228-2013 Emergency Shelter Beds to Serve Homeless Population February 12, 2014 Page2 The Salvation Army provides a variety of services in conjunction with the provision of actual beds including meals, medical screenings, clothing and case management to assist the clients in obtaining employment, apply for entitlements and prepare to transition to permanent or supportive housing. Traditionally, the contracts for emergency shelter beds reflected those similarly issued though the Continuum of Care and adhere, at a minimum, to the Miami-Dade County Homeless Trust Standards of Care. However, as we expand our efforts to address the needs of the chronically homeless, shelter servlces should incorporate additional interim measures (to ensure that homeless clients make progress towards permanent placements) and cooperation between the City and shelter providers must grow to ensure that recidivists are properly served in subsequent engagements for service. Upon review of the Miami-Dade County Homeless Trust RFA, staff determined that its scope did not adequately address the need for critical interim measures (to ensure that clients are actively kept on track to successfully transition to permanent placement) and proscribed the reimbursement fees the County would pay for each bed (which may possibly limit the number of respondents who may offer additional services justifying a higher bed fee). Under the City's more proactive Care Coordination model, homeless clients are expected to adhere to a strict timetable of success benchmarks to ensure his/her successful transition to more permanent housing. These interim measures ensure that shelter beds are occupied by people who are actively seeking ways to eliminate their personal homelessness. Among the specific items included in the Request For Proposals (RFP) which were not included in the County's RFA but are considered significant in ensuring successful transitions: • Requiring shelter providers to accept the initial care plan (terms of service) submitted by the City at the time of client's placement in shelter; • Provide weekly progress notes for clients placed in shelter; • Ensure that care plan timelines are being met; and • Notify the City if client is failing to meet the terms of his/her care plan including tlmelines, among others. In addition, the RFP requested more specific information about the shelter facilities and their professional staff including: • Accessibility to public transportation; • Number of lower bunks beds available (as this is critical for elderly and mobility impaired clients); • Proximity of primary and secondary schools and/or experience and operational protocols working with homeless children attending Miami-Dade County Public Schools; • Experience and efficacy of employment placement services; • Accessibility to Alcoholics Anonymous and similar support group meetings (either in- house or in close proximity to facility) to support sobriety goals for those facing addiction; and • Accessibility to counseling and mental health support services, among others. RFP PROCESS On October 16, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 228-2013 for Emergency Shelter Beds to Serve Homeless Population. The RFP was issued on October 18, 2013, with an opening date of December 5, 2013. The solicitation was advertised and notices were released to prospective proposers. The RFP 241 Commission Memorandum -RFP #228-2013 Emergency Shelter Beds to Serve Homeless Population February 12, 2014 Page3 resulted in proposals from the following three (3) firms: 1. Camillus House 2. The Sundari Foundation, Inc./ Lotus House Women's Shelter 3. The Salvation Army On December 6, 2013, the City Manager via Letter to Commission (L TC) No. 435-2013 appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Maria Ruiz, Director, Office of Community Services • Lisa Ware, Chair of the Homeless Committee (Outgoing chair) • Mark Wohl, resident and leadership Academy Graduate • Reverend Pedro Martinez, HOP in Miami Beach • Barbara Hawayek, Call Center/Customer Service Manager Alternates: • Reverend Hunter Thompson, Miami Beach Community Church • Jonathan Kroner, Vice Chair of the Homeless Committee • Annsheila Turkel, Homeless Committee The Evaluation Committee {the "Committee") convened on January 13, 2013, to consider proposals received pursuant to the evaluation criteria established in the RFP and interview the proposers. The Committee was provided with information relative to the City's Cone of Silence and Government in the Sunshine law, general information on the scope of services, reference responses, and additional pertinent information from all responsive proposers. After proposer's presentations and interviews, the Committee discussed the proposers' qualifications, experience, and competence, and further scored the proposers accordingly. The Committee was instructed to score each proposal pursuant to the Step 1 evaluation established in the RFP. Step 1 ·Qualitative Criteria Maximum Points Proposer Experience and Qualifications, including Financial Capability Scope of Services Approach and Methodology 30 30 25 TOTAL AVAILABLE STEP 1 POINTS 85 Following the results of Step 1 Evaluation Qualitative criteria, the Department of Procurement Management added the Step 2 quantitative criteria in accordance with the formula established in the RFP. Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to the following ordinances. LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. Please note that no proposer was eligible for local's preference. 242 Commission Memorandum -RFP #228-2013 Emergency Shelter Beds to Serve Homeless Population February 12, 2014 Page 4 VETERANS PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. Please note that no proposer was eligible for Veteran's preference. Step 2 -Quantitative Criteria Cost Proposal 15 Local and Veterans Preference Miami Beach-Based Vendor Veterans and State-Certified Service-Disabled Veteran After combining Step 1 and 2 of the Evaluation process, the final rankings are as follows: Lisa Jonathan Reverend Maria Low Aggregate Pedro Ware Kroner Martinez Ruiz Totals 92 2 92 2 96 2 94 1 7 2 Lotus House 94 1 95 1 98 1 91 3 6 1 The Salvation Arm 88 3 70 3 95 3 92 2 11 3 The following table shows the proposed daily bed rate for each of the proposer: "·· .c~~H.J.u$:Ji1~1,1se . • :. : : ;-; :':~ ·1, ·' 'r: ·\· ~· . ·, .·, , _,., , -. , • , rll&sundari Foundation1 Inc. 11 • ' Lotus House Women's Shelter . T~ii:sa1J~tion . ArrytyJ Miami FL .. · Daily Bed Rate 24J32 $ 20.00 $ 30.00 Following the review of the overall rankings, the Committee made the following qualitative observations: • The three (3) proposers were qualified to provide the services. • The proposers have committed or focused their services to a specific gender and the Administration should negotiate with all of them to be able to fulfill all the City's needs and provide services to all populations. • The highest proposer in cost was the only one that could provide services to all populations and fulfill the overall needs of the City. However, it would be better if the Administration can negotiate with all the proposers and distribute the allocation of beds according to its needs. 243 Commission Memorandum -RFP #228-2013 Emergency Shelter Beds to Serve Homeless Population February 12, 2014 Page 5 MANAGER'S DUE DILIGENCE After considering the review of the recommendation of City staff, the City Manager exercised his due diligence and is recommending that the Mayor and City Commission enter into negotiations with the three (3) proposers: Lotus House Women's Shelter, Camillus House, and The Salvatlon Army; and further execute agreements upon completion of successful negotiations by the Administration. Each of the three proposers have experience working with distinct subsets of the homeless population. Camillus House specializes in work with single men and women and does not have the support structure to serve children. Lotus House works primarily with women though it can serve mothers with male children up to age 7. The Salvation Army is the only proposer with experience working with individuals (male and female) as well as families with children (regardless of gender). CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals (RFP) No. 2287-2013, for Emergency Shelter Beds to Serve Homeless Population; authorizing the administration to enter into negotiations with the three (3) proposers, Lotus House Women's Shelter, Camillus House, and The Salvation Army and further authorizing the Mayor and City Clerk to execute agreements upon completion of successful negotiations by the Administration. JLM /KGB/AD/ME T:\AGENDA\2014\February\Procurement\RFP 228-2013 Emergency Shelter Beds-Memo.doc 244 RESOLUTION TO BE SUBMITTED 245 THIS PAGE INTENTIONALLY LEFT BLANK 246 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Electing Commissioner Micky Steinberg, Group I, As Vice-Mayor, For A Term Commencing On March 1, 2014 And Terminating On June 30, 2014, Or On Such Date When A New Vice-Mayor Is Thereafter Elected. Key Intended Outcome Supported: N/A. Supporting Data (Surveys, Environmental Scan, etc.): NIA Item Summary/Recommendation: The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months. Since 1994, the rotation has been by Commission Group number, in the following sequence: Group I, II, Ill, IV, Vand VI. Based on this direction, the next Vice-Mayor Group is Group I. The term for the next Vice-Mayor is March 1, 2014 through June 30, 2014. Commissioner Micky Steinberg is next in the rotation to serve as Vice- Mayor. Advisory Board Recommendation: I NIA Financial Information: Source of Amount Account Funds: 1 N/A N/A D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Si n-Offs: Assistant City Manager MIAMI BEACH 247 Approved AGENDA ITEM C 7 j) DATE ~-/.;J-/f" ~ 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 mmission FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTI G COMMISSIONER MICKY STEINBERG, GROUP l,AS VICE-MAYOR, FORA TERM COMMENCING ON MARCH 1, 2014 AND TERMINATING ON JUNE 30, 2014, OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTER ELECTED. ANALYSIS The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months. Since 1994, the rotation has been by Commission Group number, in the following sequence: Group I, II, Ill, IV, V and VI. Based on this direction, the next Vice-Mayor Group is Group I. The term for the next Vice- Mayor is March 1, 2014 through June 30, 2014. Commissioner Micky Steinberg is next in the rotation to serve as Vice-Mayor. JLM/REG e T:IAGENDA\2014\February\Vice-Mayorlvice-mayor.cm.doc 248 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER MICKY STEINBERG, GROUP I, AS VICE-MAYOR, FOR A TERM COMMENCING ON MARCH 1, 2014 AND TERMINATING ON JUNE 30, 2014, OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTER ELECTED. WHEREAS, the Mayor and City Commission established a policy of rotating the position of Vice-Mayor every four months; and WHEREAS, for the term commencing on March 1, 2014 and terminating on June 30, 2014, the Mayor and City Commission hereln elect Commissioner Micky Steinberg as Vice-Mayor. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Micky Steinberg is hereby elected as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on March 1, 2014 and terminating on June 30, 2014, or on such date when a new Vice-Mayor is thereafter elected. PASSED and ADOPTED THIS 1ih day of February 2014. ATTEST: RAFAEL E. GRANADO, CITY CLERK T:\AGENDA\2014\February\Vice-Mayor\vice-mayor -RES.doc 249 PHILIP LEVINE, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ( "'---... -,t7...!..._-?2.:::=::;z:,/:_ ... ..:.:._{. I ~ -z_ 1 J J \. YD(~ THIS PAGE INTENTIONALLY LEFT BLANK 250 lD MIAMI BEACH JOSE SMITH, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Philip Levine Members of the City Commission Jimmy Morales, City Manager Ralph Granado, City Clerk .-.. · ( . __ Jose Smith, City Atto~,,.d~ February 12, 2014 l . ~,, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING SPACE RENTAL CHARGES AT THE COLONY THEATRE FOR THE NAUTILUS MIDDLE SCHOOL PARENT/TEACHER ASSOCIATION RAY MODIA RETIREMENT CONCERT. Pursuant to the request of Commissioner Micky Steinberg, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 12, 2014 City Commission meeting. F:\ATIO\TURN\MEMOSIWaiving Space rental at the Colony.docx 251 Agenda Item C7 E Date '2-12-/l( (9 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Micky Steinberg, Commissioner DATE: January 23rd, 2014 SUBJECT: Agenda item for February 12th, 2014 City Commission Meeting Please place on the February 1 ih City Commission Meeting an item for the Mayor and Commission to consider and potentially grant the request to waive fees at the Colony Theater for an event hosted by Nautilus Middle School in honor of Ray Modia's 30 year tenure at Nautilus as band director and music teacher. Professor and Music Director Ray Modia has impacted music classes in public schools, as well as universities in the state of Florida and other countries. He has been awarded numerous awards for his educational and musical work both nationally and internationally. If you have any questions please do not hesitate to call our office. Best Regards, Tathiane Trofino ext. 6087 on behalf of Commissioner Micky Steinberg 252 RESOLUTION NO. ------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING SPACE RENTAL CHARGES AT THE COLONY THEATRE FOR THE NAUTILUS MIDDLE SCHOOL PARENT/TEACHER ASSOCIATION RAY MODIA RETIREMENT CONCERT. WHEREAS, Professor and Music Director Ray Madia holds an Associate Degree from Miami-Dade Community College, a Bachelor's Degree from Barry University, and three Masters Certifications from the University of Miami in Music Composition, Music Technology, and Jazz Studies; and WHEREAS, Professor Madia has been a significant influence in music classes in public schools, as well as in universities, in the state of Florida and in other countries; and WHEREAS, Professor Madia has taught music and directed the band(s) program at Nautilus Middle School for thirty years and he has touched the lives of thousands of Miami- Dade County public school students during this time; and WHEREAS, Professor Media has been awarded countless awards for his educational and musical work on a national and international level; and WHEREAS, the Nautilus Middle School Parent/Teacher Association has requested the waiver of space rental charges at the Colony Theater to commemorate Professor Media's contributions to Nautilus Middle School and the Miami Beach community on the occasion of his retirement from public service. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive space rental charges at the Colony Theatre for the Nautilus Middle School Parent/Teacher Association for the Ray Madia Retirement Concert. PASSED AND ADOPTED this 12th day of February, 2014. Philip Levine, Mayor Attest: Rafael E. Granado, City Clerk 253 THIS PAGE INTENTIONALLY LEFT BLANK 254 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Waiving, By 517ths Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Negotiate And Execute Agreements With Williams Scotsman And Modspace, For The Lease Of Office Trailers, In The Not To Exceed Annual Amount Of $32,712, For A Period Of One (1) Year, Then On A Month-To-Month Basis Until The Property Management Facility Is Completed Key Intended Outcome Supported: Ensure well maintained facilities Supporting Data (Surveys, Environmental Scan, etc: In a recent study, 87% of residents and 83% of businesses rated the appearance of City facilities as excellent or qood. Item Summary/Recommendation: During the past few years, the City's Property Management Division has leased a total of three (3) trailers from Williams Scotsman and ModSpace to house the maintenance supervisory staff, support services and a restroom facility. The annual lease amounts are $22,800 for Williams Scotsman for the lease of two trailers, and $9,912 for ModSpace for the lease of one trailer for a total annual amount of $32, 712. Historically, lease agreements and subsequent annual renewals have been signed by the Department head at the time the trailers were installed and renewals were due. For Fiscal Year 2014, the Administration is requesting approval from Commission to waive competitive bidding since the annual amount exceeds $25,000 and will require competitive bidding. In order to ensure continuity of services and avoid disruption to Property Management's operations, it is recommended to continue the lease of the trailers from William Scotsman and Modspace for at least one additional year, then on a month-to-month basis until a facility is ready to house Property Management Division personnel in the latter part the year 2015. City Code Section 2-367 (e) states that the City Commission, upon written recommendation of the City Manager, may by resolution adopted by a five-sevenths vote, waive competitive bidding when the City Commission finds such waiver to be in the best interest of the City. In the event of such a waiver, the City Commission may authorize the execution of a negotiated contract. 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 waive the competitive bidding requirement, and authorize the City Manager to negotiate and execute agreements for the lease of office trailers for Property Management, in the not to exceed annual amount of $32,712, for a period of one (1) year, then on a month-to-month basis until the property manaQement facility is completed. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: fa ?BPI 1 $32,712 ~ 2 Total $32,712 Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Sign-Offs: Department irector ETC MIAMI BEACH Account FY 13/14 Property Mgmt. Rental 520-1720-000323 255 CityM JLM AGENDA ITEM ___,,,e_?_F--.-~ DATE ~-/,./(/ tc. 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 FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA WAIV G, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS WITH WILLIAMS SCOTSMAN AND MODS PACE, FOR THE LEASE OF OFFICE TRAILERS, IN THE NOT TO EXCEED ANNUAL AMOUNT OF $32,712, FOR A PERIOD OF ONE (1) YEAR, THEN ON A MONTH-TO-MONTH BASIS UNTIL THE PROPERTY MANAGEMENT FACILITY IS COMPLETED ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING The annual cost associated with the lease of office trailers for Property Management 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. $32,712 FY 13/14 Property Mgmt. Rental Account 520-1720-000323 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 During the past few years, the City's Property Management Division has leased a total of three (3) trailers from Williams Scotsman and ModSpace to house the maintenance supervisory staff, support services and a restroom facility. The restroom facility trailer was installed in October 2000. In July 2005, a second trailer was installed to house supervisory staff. Last, and in June 2006, a third trailer was installed to provide space to warehouse plans, staff and a conference room. The annual lease amounts are $22,800 for Williams Scotsman for the lease of two trailers, and $9,912 for ModSpace for the lease of one trailer for a total annual amount of $32, 712. Historically, lease agreements and subsequent annual renewals have been signed by the Department head at the time the trailers were installed and renewals were due. For Fiscal Year 2014, the Administration is requesting approval from Commission to waive competitive bidding since the annual amount exceeds $25,000 and will require competitive bidding. 256 Commission Memorandum Bid Waiver Office Trailers February 12, 2014 Page 12 ANALYSIS In order to ensure continuity of services and avoid disruption to Property Management's operations, it is recommended to continue the lease of the trailers from William Scotsman and Modspace for at least one additional year, then on a month-to-month basis until a facility is ready to house Property Management Division personnel in the latter part the year 2015. City Code Section 2-367 (e) states that the City Commission, upon written recommendation of the City Manager, may by resolution adopted by a five-sevenths vote, waive competitive bidding when the City Commission finds such waiver to be in the best interest of the City. In the event of such a waiver, the City Commission may authorize the execution of a negotiated contract. 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 walve the competitive bidding requlrement, and authorize the City Manager to negotiate and execute agreements for the lease of office trailers for Property Management. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission waive, by 5/7ths vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorize the City Manager to negotiate and execute agreements with Williams Scotsman and Modspace, for the lease of office trailers, in the not to exceed annual amount of $32, 712, for a period of one (1) year, then on a month-to-month basis until the property management facility is completed. JLM/Kifi*/AK T:\A.GENDA\2014\February\Bid Waiver Office Trailers Property Mgt -MEMO.doc 257 RESOLUTION NO. ---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE LEASE AGREEMENTS WITH WILLIAMS SCOTSMAN AND MODSPACE, FOR THE LEASE OF OFFICE TRAILERS, NOT TO EXCEED ANNUAL AMOUNT OF $32, 712, FOR A PERIOD OF ONE (1) YEAR, IN ORDER TO CONTINUE TO HOUSE THE OFFICES FOR CERTAIN PROPERTY MANAGEMENT DIVISION STAFF. WHEREAS, during the past few years, the City's Property Management Division has leased a total of three (3) trailers from Williams Scotsman and ModSpace to house the maintenance supervisory staff, support services, and a restroom facility; and WHEREAS, the annual lease amounts are $22,800 for Williams Scotsman, for the lease of two trailers; and $9,912 for ModSpace, for the lease of one trailer; for a total annual amount of $32,712; and WHEREAS, for Fiscal Year 2014, the Administration is requesting approval to continue the lease of the trailers from William Scotsman and Modspace for another year; and WHEREAS, in order to ensure continuity of services and avoid disruption to Property Management operations, the Administration recommends that the Mayor and City Commission waive, by 5/7ths vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City. 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 waive, by 5/7ths, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorizing the City Manager to negotiate and execute lease agreements with Williams Scotsman and Modspace, for the lease of office trailers, not to exceed annual amount of $32, 712, for a period of one (1) year, in order to continue to house the offices for certain Property Management Division staff. PASSED AND ADOPTED this ___ day of ___ , 2014. ATTEST: CITY CLERK MAYOR T:\AGENDA\2014\February\Bid Waiver Property Management Office Trailers RESO.doc 258 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: Resolution authorizing the Mayor and City clerk to execute Amendment No. 1 to Ground Lease between the City and 1691 Michigan Ave Investment LP ("Tenant"), dated September 1, 1999, involving the improvements to property located at 1663 Michigan Avenue, Miami Beach, Florida ("Garage Facility") and 1691 Michigan Avenue, Miami Beach, Florida ("Office Space") (collectively the "Project"), modifying the Scope of Use under the Ground Lease by reducing the minimum number of parking spaces required for the Garage Facility, from 700 to 645 spaces; increasing the minimum number of parking spaces required to be maintained at all times for use by the general public from 100 to 155 parking spaces; increasing the minimum number of monthly parking spaces for members of the Qeneral public from 50 to 75, in connection with the develooment of a miniature aolf proiect at the sixth floor of the aaraae facilitv. Key Intended Outcome SuoDorted: Increase resident satisfaction with the level of services and facilities. Supporting Data {Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61 % of the same Qroup would recommend Miami Beach as a place to do business. Issue: I Shall the City commission authorize the execution of Amendment No. 1 to the Agreement of Lease. Item Summa /Recommendation: Tenant entered into a lease with City Middle, LLC rsubtenant"), dated as of July 1, 2012, involving the proposed development of a miniature golf project on the sixth floor of the Parking Garage, which is the roof top level ("Miniature Golf Project"). The conceptual plans were approved by the City's Design Review Board on March 5, 2013, subject to revisions referenced in the Order. The use of the parking spaces as a Miniature Golf Project is not prohibited under Section 6.2 of the lease "Prohibited Uses". The Tenant has represented that the cost of the Miniature Golf Project is between $500,000.00 and $1,000,000.00, which constitutes a Major Alteration pursuant to Section 14.5 of the Ground Lease and requires Owner approval of the improvement. Pursuant to Section 26.2(1V) of the Ground Lease, the City Manager is authorized to approve in concept this Project, subject to the Tenant securing all requisite governmental approvals for the construction of said Miniature Golf Project, as well as compliance with Section 14.5 of the Lease, including construction insurance requirements. Pursuant to Section 6.1(b) of the Lease "Scope of Use"; however, Tenant is required to " ... operate the Premises as an office, retail, and commercial (excluding any apartments, hotels, apartment hotels or residential uses) project with a parking garage containing not less than seven hundred (700) parking spaces. The Tenant has the right to sublease or license the parking spaces to its subtenants, provided that not less than 100 parking spaces and not less than 50 monthly parking spaces shall be available for use by members of the general public at all times. This garage currently has 729 spaces and the Miniature Golf Project will encompass a minimum of 84 of the spaces, which will reduce the total number of available spaces to at least 645. Tenant is requesting an amendment to the Ground Lease, modifying Section 6.1(b) therein to reduce the minimum number of parking spaces at the Garage Facility from 700 to 645. Additionally, in order to compensate for the loss of parking spaces from this development, Tenant has agreed to increase the minimum number of parking spaces required to be maintained at all times for use by the general public from 100 to 155 parking spaces; and further, to increase the minimum number of monthly parking spaces for members of the general public from 50 to 75. The parking requirements for this Miniature Golf Project will not have a material impact upon the current use of the Garage Facility. Additionally, the Project already has a bowling alley called Lucky Strike at the ground level of the Parking Facility and would provide additional family-style entertainment for the local residents and visitors. This Miniature Golf Project will net the City and its residents approximately $95,000 per year in revenues, during the first ten year term of the lease between Tenant and Subtenant. CONCLUSION The Administration therefore recommends that the Mayor and City Commission approve A Resolution authorizing the Mayor and City clerk to execute Amendment No. 1 to the Ground Lease, between the City and 1691 Michigan Ave Investment LP ("Tenant"), dated as of September 1, 1999, involving the improvements to property located at 1663 Michigan Avenue, Miami Beach, Florida ("Garage Facility") and 1691 Michigan Avenue, Miami Beach, Florida ("Office Space") (collectively the "Project"), modifying the Scope of Use under the Ground Lease by reducing the minimum number of parking spaces required for the Garage Facility, from 700 to 635 spaces, increasing the minimum number of requisite parking spaces for use by the general public from 100 to 155 parking spaces; and increasin the minimum number of monthl arkin s aces for the eneral ublic from 50 to 75. Advisory Board Recommendation: I n/a Financial Information: Source of Funds: I I Amount I I 1 I I Financial Impact Summary: Cit Clerk's Office Le islative Trackin Max Sklar, Ext. 6116 Si n-Offs: Assistant Cit KGB MIAMI BEACH 259 Account AGENDA ITEM __ C_7-,-G----r"T"T""" DATE {f.-/J.-/4 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeac:hA.gov COM ISSION MEMORANDUM TO: Mayor Philip Levine and Member DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT OF LEASE ("GROUND LEASE") BY AND BETWEEN THE CITY OF MIAMI BEACH (u OWNER"), AND 1691 MICHIGAN AVE INVESTMENT LP ("TENANT"}, DATED AS OF SEPTEMBER 1, 1999, INVOLVING THE IMPROVEMENTS TO PROPERTY LOCATED AT 1663 MICHIGAN AVENUE, MIAMI BEACH, FLORIDA ("GARAGE FACILITY") AND 1691 MICHIGAN AVENUE, MIAMI BEACH, FLORIDA ("OFFICE SPACE") (COLLECTIVELY THE "PROJECT"); MODIFYING THE SCOPE OF USE UNDER THE GROUND LEASE BY REDUCING THE MINIMUM NUMBER OF PARKING SPACES REQUIRED FOR THE GARAGE FACILITY, FROM 700 TO 645 SPACES; INCREASING THE MINIMUM NUMBER OF PARKING SPACES REQUIRED TO BE MAINTAINED AT ALL TIMES FOR USE BY THE GENERAL PUBLIC FROM 100 TO 155 PARKING SPACES; AND FURTHER INCREASING THE MINIMUM NUMBER OF MONTHLY PARKING SPACES FOR MEMBERS OF THE GENERAL PUBLIC FROM 50 TO 75, IN CONNECTION WITH THE DEVELOPMENT OF A MINIATURE GOLF PROJECT AT THE SIXTH FLOOR OF THE GARAGE FACILITY. Background On January 5, 1998, the City of Miami Beach issued RFP 20-97/98, seeking proposals for the development of Public-Private Parking facilities. On April 6, 1998, proposals from five (5) different development teams were submitted and evaluated by an Evaluation Committee and on July 15, 1998, the city commission authorized negotiations with four (4) of the proposed development projects. As a result of said negotiations, on July 7, 1999, the Mayor and City Commission adopted Resolution No. 99-23236 approving the Agreement of Lease and the Development Agreement between the City of Miami Beach and Lincoln Plaza Partners LLC, for Development of a mix-use project located at Michigan and Jefferson Avenues between Lincoln Lane and 17th Street ("Land"). An Agreement of Lease was executed between the City of Miami Beach and Lincoln Plaza Partners LLC, dated as of September 1, 1999 ("Ground Lease"}, in connection 260 Commission Memo the Lincoln 1691 Michigan Avenue Ground Lease Agreement February 12, 2014 Page 2of6 with the lease of the Land where Tenant agreed to develop an office, retail and commercial project with a parking garage ("Garage Facility"), now located at 1663 Michigan Avenue, Miami Beach, Florida and an office building ("Office Space"), located at 1691 Michigan Avenue, Miami Beach, Florida, both of which have ground retail space (collectively the "Project"). The Garage Facility has 729 parking spaces and the Office Space and retail space have approximately 161,824 square feet. On December 20, 2000, the Mayor and City commission adopted Resolution No. 2000- 24220, modifying the terms of the Lease by waiving the provisions of Section 10.3(a) and amending Section 10.4, approving the sale and Assignment and Assumption of the Ground Lease from Lincoln Plaza Partners LLC to LNR Jefferson LLC before a certificate of occupancy had been obtained. On October 5, 2005, LNR Jefferson LLC changed its name to The Lincoln, LLC. On or about July 18, 2006, The Lincoln LLC sold its interest in the Project and assigned its leasehold interest in the Land to Lincoln Miami Beach Investment LLC, a Delaware limited liability company, pursuant to that certain Assignment and Assumption of Ground Lease recorded in O.R. Book, 24738, Page 4073, of the Public Records of Miami-Dade County, Florida. On November 17, 2006, Lincoln Miami Beach Investment LLC changed its name to OIK Lincoln Miami Beach Investment LLC, and thereafter, on June 17, 2009, merged with 1691 Michigan Ave Investment LP, a Delaware limited liability partnership ("Tenant"). Tenant entered into a lease with City Middle, LLC ("Subtenant"), dated as of July 1, 2012, involving the proposed development of a miniature golf project on the sixth floor of the Garage Facility, which is the roof top level ("Miniature Golf Project"). A copy of said lease is attached hereto as Exhibit "1 ". The conceptual plans were approved by the City's Design Review Board on March 5, 2013, subject to revisions referenced in the Design and Review Board Staff Report and Order, attached hereto and made a part hereof as Exhibit "2". Additionally, a copy of the preliminary site plan for this Miniature Golf Project is attached hereto as Exhibit "3". Analysis The use of the parking spaces as a Miniature Golf Project is not prohibited under Section 6.2 of the lease "Prohibited Uses". The Tenant has represented that the cost of the Miniature Golf Project is between $500,000.00 and $1,000,000.00, which constitutes a Major Alteration pursuant to Section 14.5 of the Ground Lease, which requires Owner approval of the improvement. Pursuant to Section 26.2(c)(iv) of the Ground Lease, the City Manager for the City of Miami Beach is authorized to approve this improvement, subject to the Tenant securing all requisite governmental approvals for the construction of said Miniature Golf Project, as well as compliance with Section 14.5 of the Lease, including securing the requisite construction insurance requirements. Pursuant to Section 6.1{b) of the Lease "Scope of Use"; however, Tenant is required to " ... operate the Premises as an office, retail, and commercial (excluding any apartments, hotels, apartment hotels or residential uses) project with a parking garage containing not less than seven hundred (700) parking spaces. The Tenant has the right to sublease or license the parking spaces to its subtenants, provided that not less than 100 parking spaces shall be available for use by members of the general public. Additionally, this section requires that Tenant provide not less than fifty (50) parking spaces for monthly parking for members of the general public who are not subtenants of the Premises at monthly parking rates established by Tenant, which rates shall not be higher than the highest rate paid by any subtenant in the Premises. 261 Commission Memo the Lincoln 1691 Michigan Avenue Ground Lease Agreement February 12, 2014 Page 3of6 This Garage Facility currently has 729 spaces and the Miniature Golf Project will encompass 84 of the spaces ("Encompassed Spaces"} on the sixth floor of the Garage Facility, which will reduce the total number of available parking spaces to 645, reducing the minimum required number of parking spaces by 55 spaces. A copy of the site plan evidencing the Encompassed Spaces is attached hereto as Exhibit "4". The current monthly users for this Garage Facility ("Monthly Users") include Subtenants and Outside Users ("General Public") and the degree of use differs on a monthly basis, but does not differ materially. Based upon the information provided by Tenant's Garage Facility operator ("Garage Operator"}, LAZ Parking, for the date of December 11, 2013, a copy of which is attached hereto as Exhibit "5", the breakdown of the monthly use for reserved and non-reserved passes For Subtenants (referred to as Tenant in Exhibit "5"} and for the General Public (referred to as Non-Tenant in Exhibit "5"}, was as follows: For Sub-Tenants General Public Valet Companies 31 12 586 54 The Monthly Users park intermittently during the day. In order to show the actual use of the Garage Facility by Transient Users and Monthly Users, the Garage Operator provided a print out of the number of cars parked at the Garage Facility every hour, from February of 2013 through December of 2013, and provided Staff with the average daily peak counts: February March 476.6 April 488.3 l\1~Y 474.S .. June 458.3 July 440.2 Allgust 426.3 Septemb,er 417.3 .. .~,-~ .. ,. ·-~ October 464.5 November 455.4 December 494.8 c ••••••••••••• -•••• ,. ·'' * Showsthe average number of cars in the gara,ge at highest occiipancy point for each day 9f the month~ Weekdays -'". S~tll~~ays • Sundays 3-4PM .9-lOPM 4-SPM 262 Commission Memo the Lincoln 1691 Michigan Avenue Ground Lease Agreement February 12, 2014 Page 4of6 As confirmed on page 9 of the Design Review Board Staff Report, the hours of operation for the Miniature Golf Project are as follows: Sunday -Thursday 11 :00 -Midnight Friday -Saturday 10:00 AM - 1 :00 AM For illustration purposes, Staff has reviewed the data from the month of November of 2013, a copy of which is attached as Exhibit "6" and provided a range of use, from the lowest to the highest use. The following chart reflects the data which corresponds to the times when the Miniature Golf Project will be open, showing the balance of the parking spaces left, based upon the 645 spaces which would be left after the development of the Miniature Golf Project and assuming the peak use for the given time: Day Times :Range Balance Based on Peak Use Mon. 7-12PM 58-186 459 ·-~""' ,,, .... T~iis '''"'"""" .wo •.. ,,._. ,. Tue. 7-12PM 467 ~ .. Wed. 7-12PM 48-230 415 Thur. 7-12PM :116-230 415 --.0. Fri. 7-12PM 211-335 .; ...... 310 Sat. All day '38-416 229 -,.,_ < ""·" Sun. All day :50-417 228 Staff has consulted with our Planning Department and the capacity for the Miniature Golf Project is 298 people, which includes an eighteen-hole golf facility and a food and beverage component. This Garage Facility is in district number 2 and there are no parking requirements for retail or restaurants in this district. The Planning Department has estimated the parking requirement at 36 spaces, based upon 1-2 parking spaces per golf hole, which requirement could be easily met, even during peak times, while the Miniature Golf Project is open for business. The financial impact would also be positive for the City and its residents. Pursuant to the Ground Lease, the City currently receives Base Rent in the total sum of $336,000.00 per year plus 2.5% of the Project Revenue (based upon gross revenues for the year from the Project). The City received a total sum of $166, 165.69 as percentage rent for the 2012 calendar year. Based upon the lease terms and the projected gross income for this Subtenant, in the amount of $4,000,000.00, which Subtenant has based upon data obtained from the local businesses, the City would receive annual revenues approximating $95,000.00, during the initial ten year lease term, as follows: 263 Commission Memo the Lincoln 1691 Michigan Avenue Ground Lease Agreement February 12, 2014 Page 5 of6 Year2 Year3 Year4 Years Year6 Year7 Years Year9 Year 10 $75,000.00 $75,000.00 $11JO,()()() .. IJO .. $100,000.00 .. -- .. $105,000.IJO ... $110,250.00 $115, 7§_2:?9 $121,550.62 . . ... ... .. $127,628.15 $134,009.55 _$52?1 000.00 $15,()CXJ.OO .... $525,()()().00 $15,000.00 .. $500,000.00 $15,000.00 $500,000.00· sis,000.00 $4~5,CXXt()() $15,000.IJO .. $489, 750.00 $15,000.00 .. $4f,4,23J.?9.: ~~5,Q<JO.()() $478,449.38 $15,000.00 . ... .... ..... . . .. ........... . $472,371.85 $15,000.00 $465,990.45 $15,000.00 Total Financial Impact to the City during initial lease term: Additionally, the City would receive an additional 2.5% of any revenues which the Tenant collects from the currently underutilized parking at the Garage Facility. The Project already has a bowling alley called Lucky Strike at the ground level of the Garage Facility and this Miniature Golf Project would provide additional family-style entertainment for the local residents and visitors. Tenant is requesting an amendment to the Ground Lease, modifying Section 6.1(b) therein to reduce the minimum number of parking spaces at the Garage Facility from 700 to 645 ("New Minimum Operational Requirement"), and is further agreeing to increase the minimum number of parking spaces reserved for use by the general public at all times, f ram 100 to 155, in order to compensate for the difference between the minimum amount required under the Ground Lease, in the amount of 700 parking spaces, and the New Minimum Operational Requirement of 645 parking spaces. A copy of Tenant's commitment to this modification to the Ground Lease is attached hereto as Exhibit "7". Additionally, Tenant is already providing, and will further agree to, increase the minimum number of monthly parking spaces for members of the general public, from 50 to 75. A copy of the proposed amendment is attached hereto and made a part hereof as Exhibit "8". CONCLUSION The Administration therefore recommends that the Mayor and City Commission approve A Resolution authorizing the Mayor and City clerk to execute Amendment No. 1 to Agreement of Lease ("Ground Lease") by and between the City of Miami Beach and 1691 Michigan Ave Investment LP ('Tenant"), dated as of September 1, 1999, involving the improvements to property located at 1663 Michigan Avenue, Miami Beach, Florida ("Garage Facility") and 1691 Michigan Avenue, Miami Beach, Florida ("Office Space") (collectively the "Project"), modifying the Scope of Use under the Ground Lease by reducing the minimum number of parking spaces required for the Garage Facility, from 700 to 645 spaces; increasing the minimum number of parking spaces required to be maintained at all times for use by the general public, from 100 to 155 parking spaces; and further increasing the minimum number of monthly parking for members of the general public, from 50 to 75, in connection with the development of a Miniature Golf Project, at the sixth floor of the Garage Facility. 264 "1" -Lease between Tenant and subtenant "2" -Design Review Board Staff Report and Order "3" -Site Plan "4" -Site Plan with 84 encompassed parking spaces "5" -Monthly Use by Subtenant and General Public "6" -Parking Date for November, 2013 "7" -Tenant's Confirmation of Proposed Amendment No. 1 ·a· -Proposed Amendment No. 1 F:\ECON\$ALLIASSETIRESOLUTIONS\THE LINCOLN AMENDMENT NO. 1 MEMO 2-12-2014 265 LEASE AGREEMENT THE LINCOLN Dated as of j"~ ~ , 2012 between 1691 MICHIGAN A VE INVESTMENT LP as Landlord and CITY MIDDLE, LIJC as Tenant Exhibit "1" 266 EXHIBIT "A" EXHIBlT .. B" EXHIBIT "C,. EXHIBIT LIST FLOOR PLAN OF PREMISES CONSTRUCTION OF IMPROVEMENTS RULES AND REGULATIONS 267 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease"), is made and entered into as ofthi6ay orjon~ · 2012 (the "Effective Date). by a.nd between 1691 MICHIGAN AVE INVESTMENT LP, a Delaware limited partnership ("Landlord''), and CI1Y MIDDLE, LLC, a Florida limited liability company ("Tenant''). WITNESS ETH: 1. ~ic Le&Se Provisjons: Definitions. (a) Basic Lease Pro~. A. PREMISES: C. PLACE FOR PAYMENT OF RENT: (I) Pitrldng Facility Name: The Lincoln Parking Payee: 1691 Michigan Ave Investment LP Garage (2) Parking Facility Premises: A portion of Level 6 of AddreM: c/o 1691 Michigan Ave Investment LP the Parking Facility as P.O. Box 91n depicted on Exhibit A I 150 South Avenue Suite 201 Staten Island, NY 10314 (3) Parking Facili1y Address: 1663 Michigan A venue Miami Beach, FL 33139 (4) Rentab1e Area of Premises Approximately 19,800 !;gUllTC feet B. LEASE TERMS: D. NOTICES: (l) Tenn: One hundred twenty (120) (I) Tenant: City Middle, LLC full calendar months 200 I Meridian Ave., Suite 504 beginning on the Miami Beach, Florida 33130 Commenccmc:nt Date Attn: Glenn R. Boyer Facsimile No. 305-67~-7662 Email: gboyerIOI@gmail.com (2) Commencement Date: The earlier of (i) thirty (30) Copy of all Material Frank, Weinberg & Black, PL days after Tenant opens for Notices to: 7805 SW Sixth Court business, (ii) two (2) years Plantation, Florida 33324 after the Effective Date or (iii) Attn: Steven A. Weinberg one himdn:d fifty (150) days Facsimile No. 954-474-9850 after obtaining the Approvals Email: sweinberg@fwblaw.net (defined below) {2) Landlord: 1691 Michigan A venue Investment LP cJo Jones Lang LaSalle America.'1 (Florida), Inc. 1691 Michigan Ave. Suitc420 MiamL Florida 33 I40 Attn: Karina Del Junco (3) Jnirial Annual Fixed $75,000.00 Rent Copy of all Material King&. Spalding LLP Notices to: I 00 North Tryon Street (.5) Initial Annual Sales Tax: S5,2.50.00 Suite 3900 268 (6) Initial Annual Total (7) Tenant's Proportionate Share 8 Base Year (being 7% of$75,000.00) $80,250.00 I 1.5°/~ [approximately !19th of the space in the Parking facility] 2012 Copy of all Material Notices to: Charlotte, NC 28202 Ann: Mark V. Thigpen Fax No. 704-503-2622 Real Estate Capital Partners, LP tJ24 I Woodland Park Rd., Suite 600 Herndon, Virginia 20170 Attention: J8SQn Winans Facsimile No.: 703-481-710 I 2. Description of Premises/Construction of Improvements. Landlord hereby leases to Tenant, and Tenant hereby accepts and rents from Landlord, that certain portion of the parking facility (the "Parking Facility") located at 1663 Michigan Avenue, Miami Beach, Florida, which portion is located on the 6th level of the Parking Facility and is shown es hatched on Exhibit A attached hereto and incorporated herein (the "Premises"). Landlord hereby reserves from such lease of the Premises the right to install, construct, reconstruct, use, operate, repair, replace, maintain, relocate and remove any utility lines and/or facilities or conduits over under or across any portion of the Premises and to grant utility and/or other easements over, under and across the Premises to the applicable private, public or governmental authorities for purposes of installing, constructing, reconstructing, using, operating, repairing, replacing, maintaining, relocating and removing any utility lines and/or facilities. Tenant agrees, from time to time upon the request of Landlord, to execute and deliver to Landlord (at no cost, however, to Tenant) any reasonable instruments presented to Tenant by Landlord which grant utility easements over, across and under the Premises to Landlord or to any applicable private, public or governmental authorities for the purposes described hereinabove in this grammatical paragraph within ten (I 0) days of the presentation of such instrument to Tenant by Landlord. Any improvements or modifications to the Premises shall be constructed by Tenant (""Tenanr's Improvements"), at Tenant's sole cost and expense, in accordance with the terms and provisions of Exbibit B attached hereto and incorporated herein by reference. Notwithstanding anything contained in this Lease to the contnuy, provided this Lease is still in full force and efTect and no Event of Default by Tenant remains uncured after expiration of all applicable cure periods and subject to the Laws (defined below}, Landlord shall not materially interfere with Tenant's use of the Premises for the Pennitted Use. 3. Tenn. The tenn of this Lease shall commence on the date {the "Commencement Dare") which is the earlier to occur of (i) thirty (30) days after Tenant opens for business, (ii) two (2) years after the Effective Date or (iii) one hundred fifty (150) days after obtaining the Approvals (defined below), and shall end at midnight on the date {the "Expiration Date") which is one hundred twenty ( 120) full months from the Commencement Date (the "Term"). As used herein. the tenn "Lease Year" shall mean each consecutive twelve-month period of the Tenn, beginning with the Commencement Date (as same may be adjusted as hereinhelow provided) or any anniversary thereof. 4. Extension Options. (a) Provided this Lease is still in full force and effect and no Event of Default by Tenant remains uncured after expiration of all applicable cure periods, then Tenant shall have the option to extend the Tenn for a period of five (5) yearg next succeeding the Tenn. Such period shall be sometimes referred to hereinoft'er as the °Fir.r;t Option Period." Such option to renew shall be exercised by written notice delivered to I .and lord not less than 270 days prior to the end of the then current Tenn. The First Option Period, if exercised by Tenant, shall be on the same terms and conditions as provided in this Lease except for the 1 269 ..) -, Uini1ofP C option to extend described in this Section 4(a) shall not be applicable and Base Rent (defined below) for the '161 First Option Period shall be as set forth in Section S(b). (b) Provided (i) this Lease is still in full force and effect, (ii) no Event of Default by Tenant remains uncured after expiration of all applicable cure periods, and (iii) Tenant shall have properly exereised its right to extend the Term for the First Option Period (as described in Section 4(a)), Tenant shall have the option to extend the Tenn for a period of five (5) years next succeeding the First Option Period. Such period shall be sometimes referred to hereinafter as the .. Second Option Period." Such option to renew shall be exercised by Tenant's delivery of written notice to Landlord not less than 365 days prior to the end of the First Option Period. The Second Option Period, if exercised by Tenant, shall be on the same terms and conditions as provided in this Lease except for the options to extend described in this Section 4 shall not be applicable and Base Rent for the Second Option Period shall be as set forth in Section 5(b). The defined term "Term" shall be deemed to include the First Option Period and the Second Option Period when and if each becomes effective. and the "fa.piration Date" shall be the last day of tile First Option Period or Second Option Period, when and if each becomes effective. There shall be no options to extend the Term except as set forth in this Section 4. TIME IS OF THE ESSENCE with regard to the exercise of each of the options to renew hereunder. 5. Rental. During the Tenn, Tenant shall pay to Landlord. without notice, demand, reduction, setoff or any defense, a total rental (the ••Renf') consisting of the swn total of the fullowlng: (a) Bas'<: Rent. Commencing with the Commencement Date and continuing through the expiration of the TF!tm, Tt'!nant shall pl'ly a minimum Annual rental (the "Base Renf) which is payable in equal monthly installments, each in advance on or before the first day of each month. If the Commencement Date is a date other than the first day of a calendar month, the Base Rent shall be prorated daily from such date to the first day of the next calendar month and paid on the Commencement Date. The amount of Base Rent to be paid by Tenant relative to eaC":h Lease Year shall be as follows: LEASE YEAR(S) ANNUAL BASE RENT MONTHLY PAYMENT I and2 $75,000.00 $6.25G.OO 3 and4 $100,000.00 $8,333.33 5 $105,000.00 $8.750.00 6 $ l l 0,250.00 $9,187.50 ., $115,762.50 $9,646.88 8 $121,550.62 $10,129.22 9 $127,628.15 $10.635.68 JO $134.009.55 $! l.167.46 (b) Option Teml Base Rent. The amount of Base Rent to be paid by Tenant relative to each Lease Year during the First Option Period and the Second Option Period, if applicable, shall be as follows: OPTION LEASE YEA RCS) 2 3 ANNUAL BASE RENT $140,710.0J $147,745.52 $155,132.79 3 270 MONTHLY PAYMENT $11,721.84 $12,312.13 $12,927.73 OPIION LEASE ANNUAL BbSE RENT MONTHLY PAYMENT Y£ARCSl 4 $162,889.42 $13,574.12 5 $171.033.89 $14,252.82 6 $179.585.58 $14,965.47 7 $188.564.85 Sl5,713.74 8 $197,993.09 $16,499.42 9 $207,892.74 $17,324.40 10 $218.287.37 $18,190.61 (i.:) Percentage Rent. Not later than sixty (60) days after the end of each Lease Year, Percentage Rent (as hereinafter defined) shall be due and payable by Tenant if the Tenant's Gross Sales (as hereinafter defined} for the preceding Lease Year exceeded the Breakpoint (es set forth below for each Lease Year) for the preceding Lease Year. for purposes of this provision, "Gross Sales" (after del:lucting payment of sales tax payable by Tenant to all applicable governmental authorities) shall include, but not be limited to, the entire amount of the sales price, whether for cash or otherwise, of all sales of merchandise (including gift and merchandise certificates), services and all other receipcs whatsoever of all business conducted in or from the Premises. "Percentage Rent" shall be equivalent to fifteen (15%) percent of the Gross Sales in excess of the Breakpoint for the preceding Lease Year. L~asYarl::!l Anmu1.l liM~ Rem ~nl:alq,~int 1 and 2 $ 75,000.00 $ 500,000.00 3 and 4 $ 100,000.00 $ 666,666.67 s $ 105,000.00 s 700,000.00 6 $ 110,250.00 $ 13 5,00G.00 7 $ 11s.762.50 $ 771,750.00 8 $ 121,550.62 $ 810,337.47 9 $ 127.628.15 $ 850,854.33 10 $ 134.009.55 $ 893,.397.00 Ei~t Qption l.~~ Y~i!d:~l AnnYil ~as!:: Rf:nt ~akQQiat 11 $ 140,710.02 $ 938.066.8() 12 $ 147,745.52 $ 984,970.13 13 $ 155,132.79 $ 1,034,218.60 14 $ 162,889.42 $ 1,085,929.47 15 $ 171,033.89 s l, 140,225 93 Second Qi!tion Leo~ Y 1or!~l Annyal B~~ Rent Br~ak112ill1 16 $ 179,585.58 $I, l 97,237.20 17 $ 188,564.85 $1,257,099.00 18 $ 197.993.09 $1.319,953.33 19 $ 207.892.74 $1,385,951.60 20 $ 218,287.37 $1,455,249. I 3 Tenant agrees to keep at its principal office, records in accordance with generally accepted accounting practices and principles, in which said Gross Sales shall be recorded. Such records shall be open to Landlord's inspection and audit at all reasonable business hours during the Term and at least three (3) 4 271 years thereafter, but no more than twice per calendar year in any event. If any audit shows that the amount of Gross Sales on any of Tenant's statements was understated, Tenant shall immediately pay to Landlord as Rent under this Lease the following: (a} the Percentage Rent due for any such understatement plus interest at the rate specified in Paragraph 5(e) below, and (b) if such understatement was more than 2% of the actual Gross Sales, then Tenant shall pay the costs incurred by Landlord relating to such audit. {d) Operating, Expenses. Tenant shall pay to Landlord an amount equal to Tenant's Proportionate Share of the sum of the Operating Expenses (hereinafter defined) and the Taxes (hereinafter defined) in excess of the Operating E~penses and Taxes for the Base Year (collectively, the "Additional R~nt"), which amount shall be prorated for any partial calendar year at the beginning or end of the Term. As used herein the term: (i) '·Operating Expenses" means all expenses. costs and disbursements, of every kind and nature which Landlord shall pay or become obligated to pay because of or in connection with the ownership, operation, leasing. securing, maintenance and management of the Parking Facility and the land on which the foregoing is located. By way of explanation and clarification, but not by way of limitation, these Operating Expenses will include the following: (I) Wages and salaries of all employees engaged in operation, maintenance, and security of the Parking Facility, employer's social security taxes, unemployment taxes or insurance, and any other taxes which may be levied on such wages and salaries, the cost of disability and hospitalization insurance, pension or retirement benefits, and any other fringe benefits for such employees; (2) Facility; All supplies and materials used in operation and maintenance of the Parking (3) Cost of all utilities, including without limitation water, sewer, electricity, gas and fuel oil used by the Parking Facility and not charged directly to another occupant; (4) Cost of Parking Facility management. including management fees (which shall not exceed five (5%) percent of the total Operating Expenses per year) and office rental, janitorial services, accollnting and legal services, rental and other payments under the Ground Lease (defined below} or any other ground Tease, trash and garbage removal, servicing and maintenance of all systems and equipment including, but not limited to, elevators, ventilating, lighting, electrical, security, fire and other alanns, fire pumps, fire extinguishers and hose cabinets, guard service, alann system, painting, landscaping and gardening, any maintenance or service agreements, landscape maintenance, elevator, and ventilation service: (5) Cost ofall insurance relating to the Parking Facility and Landlord's personal property used in connection therewith including, without limitation, casualty and liability insurance applicable to the Parking Facility and Landlord's personal property used in connection therewith; (6) Cost of capital improvements to the Parking Facility to the extent they are depreciated over their deemed useful life; and, (7) Costs arising from implemerttation of the Laws. Notwithstanding anything contained in this Lease to the contrary, ''Operating Expenses" shall not include any costs associated with the renovation of all or any part of 1he Parking Facility, nor any capital improvement relating to a renovation, nor any reserve item to fund the expenditure of future 5 272 capital improvements, except those costs and expenses incurred by Landlord under Section 7 of the Lease. "Taxes" means all impositions, taxes, surcharges. assessments (special or otherwise), water and sewer charges and rents, and other governmental liens or charge~ of any and every kind, nature and sort whatsoever, ordinary and extraordinary, foreseen and unforeseen, including all taxes whatsoever (except only those taxes of the following categories: any inheritance, estate succession, transfer or gift taxes imposed upon Landlord or any income taxes specifically payabfe by Landlord as a separate tax paying entity without regard to Landlord's income source as arising from or out of the Parking Facility) attributable in any manner to the Parking Facility, or the rents receivable therefrom or any part thereof, or any use thereof, or any facility located therein or thereon or used in conjunction therewith or any charge or other payment required to be paid to any governmental authority. Pursuant to the Ground Lease, Landlord is obligated to increase its payments under the Ground Lease if and to the ex.tent that the Parking Facility or the land on which it is located is exempted from any tax obligations because of the fact that the Property is owned by the City of Miami Beach, and the term "Taxes" shall be deemed to mean and include all such increases in Ground Lease payments. Landlord shall notify Tenant on or before 60 days after the end of each calendar year hereafter ensuing during the Tenn, of the amount which Landlord estimates (as evidenced by budgets prepared by or on behalf of Landlord) will be the amount of Additional Rent for lhe then current calendar year and Tenant shall pay such sum in advance to Landlord in equal monthly installments, during the balance of said calendar year, on the first day of each remaining month in said calendar year commencing on the first day of the first month following Tenant's receipt of such notification. Following the end of each calendar year during the Tenn hereof, Landlord shall submit to Tenant a statement showing the actual amount which should have been paid by Tenant with respect to Operating Expenses and Taxes for the past calendar year, the amount thereof actually paid during that year by Tenant and the amount of the resulting balance due thereon. or overpayment thereof, as the case may be. Any balance shown to be due pursuant to said statement shall be paid by Tenant to Landlord within 30 days following Tenant's receipt thereof and any overpayment shall be immediately credited against Tenant's obligation to pay expected additional rent in connection with anticipated increases in Operating Expenses and Taxes or, if by reason of any termination of the Lease no such future obligation exists, refunded to Tenant. Notwithstanding anything in this Lease to the contrary, Tenant will be responsible for Tenant's Proportionate Share of real estate taxes, including the reasonable costs and expenses of contesting the validity or amount of real estate tax.es, service payments in lieu of real estate taxes, insurance premiums, utilities, exterior janitorial service, snow removal, landscaping and management or administrative fees applicable to such expenses ("Uncontrollable Expenses"), without regard to the level of increase in any or all of the above in any year or other period of time. Tenant's obligation to pay all other Operating Expenses which are not Uncontrollable Expenses (herein "Controllable Expenses") shall be limited to a five percent (5%) per annum increase over the amount of the Controllable Expenses for the immediately preceding calendar year would have been had the Controllable Expenses increased at the rate of five percent (5%) in al I previous calendar years beginning with the actual Controllable Expenses for the year ending December 31, 2012. By way of example only, if the Controllable Expenses for 2012 are $I 00,000, the Controllable Expenses for 2013 could nor exceed $105,000.00 (SI 00,000.00 x. l.05), and for 2014, the Controllable Expenses could not exceed $112,350.00 ($! 05,000.00 x 1.05). Additional Rent due by reason of the provisions of Section 5(dXi) above nnd this Section 5(d)(ii) for the final months of the Lease is due and payable even though it may not be calculated until subsequent to the Tennination Date; the Operating Expenses and Taxes for the calendar year during which the Lease terminates shall be prorated according to that portion of said calendar year that the Lease was actua!ly in effect. Nothing herein contained shall be construed to relieve Tenant, or imply that Tenant is relieved, of the liability for or the obligation to pay any Additional Rent due for the final month of the Lease by reason of the provisions of Sections 5(d)(i) and 5(d)(ii). 6 273 Provided no Event of Default has occurred, notwithstanding the provisions contained in this Lease to the contrary, in the event Landlord renders a statement for such additional sums due and owing pursuant to the tenns of this Lease, and such statement requires a payment in excess of $2,500.00, then the parties agree that such payment shall be due in three (3) equal installments. one-third (!13) due within ten {10} days of rendering the statement, one-third ( 113) due within forty-five (45) days of rendering the statement, and the balance of the one-third (1/3) due within ninety (90) days of rendering the statement. (e) ~P~-If any monthly installment of Base Rent, Percentage Rent (if any}, Additional Rent or any other sum due and payable pursuant to this Lease remains due and unpaid ten (I 0) days after said amount becomes due, Tenant shall pay as additional rent hereunder a late payment charge equal to five percent (S%) of the unpaid rent or other payment. All unpaid rent and other sums of whatever nature owed by Tenant to Landlord under this Lease shall bear interest from the day after the due date thereof until paid at the lesser of ten percent (10%} per annum or the maximum interest rate per annum allowed by applicable law. Acceptance by Landlord of any payment from Tenant hereunder in an amount less than that which is then due shall in no way affect Landlord's rights under this Lease and shall in no way constitute an accord and satisfaction. Prior to imposing any late payment charge in the first instance during any twelve ( 12) month period, Landlord snall provide Tenant with ten (1()) days prior written notice thereof, and only for the fint such instance in any twelve ( 12) month period, landlord shall impose such !ate payment charge only if Tenant fails to make the applicable payment within such I 0-day period. 6. Evaluation/Approval Periods. (a) (nitial Evaluation Period. Beginning on the Effective Date and continuing for a period of sixty (60) days (the "Initial Evaluation Periotf'), Tenant may enter the Premises and the Parking Facility, upon written consent from Landlord in each instance, which shall not be unreasonably withheld, conditioned or delayed, for the purposes of conducting commercially reasonable testing, sampling and investigation customary for the Permitted Use including, without limitation, title and survey inspection (collectively, the "Tenant Retiiews"). Tenant shall promptly, but in no event longer than thirty (30) days, repair any damages to the Premises or the Parking Facility caused by the Tenant Reviews. Tenant shall indemnify and hold Landlord harmless from and against any and all costs, claims, expenses, or causes of action which Landlord may incur in connection with or arising out of the entry of Tenant, its agents, employees or contractors onto the Premises or Parking Facility. The terms of the two (2) immediately preceding sentences shall survive the expiration or earlier termination of chis Lease. Tenant may Lenninate this Lease by providing written notice to Landlord by 5:00 PM EST on or before the last day of the Initial Evaluation Period and the terms and conditions hereunder shall be of no further force or effect, except those terms and conditions that specifically survive the termination of this Lease. Notwithstanding anything to the contrary herein, in no event shall Tenant Reviews (a) in any way intetfere with the use and occupancy of the Parking Facility or (b) include any invasive testing or sampling or any environmental evaluation, more than a Phase 1 site assessment. (b) financing PeJiod. Beginning on the day after the expiration of the Initial Evaluation Period and continuing for a period of sixty (60) days (the "Financing Contingency Periocf'), Tenant shall use good faith, diligent and continuous efforts to obtain financing in the amount of Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) (the '"'Required Financing'"). Jf Tenant does not obtain the Required Financing during the Financing Contingency Period, Tenant may tenninate this Lease by providing written notice to Landlord by S:OO PM EST on or before the last day of the Financing Contingency Period, and the terms and conditions hereunder shalJ be of no further force or effect, except those terms and conditions that specifically survive the tennination of this Lease. (c} Governmental Approval Period. (i) If this Lease has not been terminated as set forth in Section 6(a), beginning on the day after the expiration of the Initial Evaluation Period and continuing until 100 earlier of (i) Tenant's receipt of all Approvals (defined below) or (ii) two hundred seventy (270) days after the expiration of the [nitiat Evaluation Period (the "Governmental Approval Period''), Tenant shall diligently and 7 274 in good faith and continuously pursue, from application to issuance, all necessary permits and approvals from any governmental agency necessary to construct and operate the Premises for the Permitted Use (collectively, the "App,ovals"); provided that Tenant shall apply for (i) any state and federal regulatory approvals and site plan approval from the City of Miami Beach, Florida (the •;City") within sixty (60) days after the expiration of the Initial Evaluation Period and (ii) any other Approvals within one hundred twenty (120) days after the expiration of the Initial Evaluation Period. All plans and specifications submitted to any governmental agency or the City (the "Site Pian"} shall be approved by Landlord as set forth on Exhibit B. attached hereto and incorporated herein, prior to submittal and shall not be modified except as provided on Exhibit B or required by the City or any other governmental agency, all of which, however, shall be subject to Landlord's approval. Landlord shall cooperate with Tenant to obtain the Approvals; provided that Landlord shall not be responsible for any costs related to the Approvals. Landlord may attend (whether in person, by phone or otherwise) any meetings or hearings with any governmental agencies or the City related to the Approvals (except Tenant's regulatory approvals) and Tenant shall provide Landlord with at le~t twenty-four (24) hours' notice of any such meeting or hearing. During the Governmental Approval Period, Tenant shall provide Landlord with a written monthly status report setting forth Tenant's efforts to maintain the Approvals. (ii) If no Event of Default (defined below), or an event that with the passage of time may become an Event of Default, has occurred or is occurring as of the expiration of the Governmental Approval Period, the Governmental Approval Period shall automatically extend for three (3) additional periods of thirty (30) days, to the extent necessary for Tenant to obtain the Approvals. The defined term ••Governmental Approval Period" shall include any of the three (3) additional thirty (30) day periods, as applicable. If Tenant has not obtained the Approvals prior to the expiration of the Governmental Approval Period, as extended, Tenant may terminate this Lease by providing written notice to Landlord by 5:00 PM EST on or before the last day of the Governmental Approval Period. and the terms and conditions hereWlder shall be of no further force or effect, except those terms and conditions that specifically survive the termination of this Lease; provided, however, that if the only Approvals not obtained by Tenant upon the expiration of the Government.al Approval Period, as extended, are construction-related Approvals, Landlord, in the sole discretion of Landlord, may obtain such Approvals, at Tenant's cost and based on the Site Plan. within ninety (90) days after the expiration of the Governmental Approval Period in which case Tenant's termination of this Lease shall be nullified. If all Approvals have not been obtained after such ninety (90) day period, this Lease shall automatically tenninate and the terms and conditions hereunder shall be of no further force and effect, except those terms and conditions that specifically survive the termination of this Lease. (Iii) During the Governmental Approval Period, Landlord shall diligently and in good faith and continuously pursue any and all approvals ("Landlr>rd Approvals") that may be required under, or necessary in order to comply with, the Ground Lease (defined below). Tenant may pursue the Landlord Approvals on behalf of Landlord~ provided that Landlord shall be entitled to have a representative present at any meetings or communications, whether in person or by telephone, with any representative of the ground lessor regarding Landlord Approvals and Tenant shall provide Landlord with at least 48 hours' notice prior to any such meetings or communications. If Landlord (or Tenant, on Landlord's behalf as set forth above) has not obtained the Landlord Approvals prior to the expiration of the Governmental Approval Period, as may be extended by Landlord or Tenant as set forth above, Landlord may tenninate this Lease and the tenns and conditions hereunder shall be of no further force and effect,. except those tenns and conditions that specifically survive the termination of this Lease. (d) Construction. On or before one hundred eighty (180) days after the expiration of the Govemmental Approval Period (the "Construction Period"') (the Construction Period may be extended by Tenant for up to two (2) forty-five (45) day periods if no Event of Default has occurred and if Tenant has 8 275 been delayed in the completion of its construction for reasons outside of Tenant's control, but only if Tenant notifies Landford of such delays within ten (10) days after such delay has occurred which notice shall include the cause for the delay and each 45-day extension period shall be included in the definition of Construction Period, as applicable), Tenant, at Tenant's expense, shall (i) construct the Tenant Improvements in accordance with the terms and conditions on Ex,bjbit B. including, but not limited to, the installation of any plumbing, sewer or other utilities servicing the Premises and (ii) open to the public as a fully stocked and staffed, first class miniature golf facility (the "Required Ust"). Further, the parties hereby agree that Tenant's responsibility to incur the cost and expense necessary to comply with all statutes, ordinances, rules, orders, regulations and other requirements of any Federal, State or City government or any quasi- govemmental laws and regulations affecting the Premises or the Parking Facility (the "Laws") shall only be the Tenant's responsibility if necessitated by Tenant's use of the Premises or any work being perfonned by or on behalf of Tenant. In the event there is any Law which generally requires the modification to the Premises and all other parking facilities in the vicinity of the Parking Facility and so similarly situated, then the Landlord shall be responsible for said improvement. Additionally, in the event consent is required by the Landlord for any alterations, the Landlord agrees that such consent shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to comply with: (i) the Laws and (ii) the requirements of Landlord's and Tenant's insurance carriers [collectively (i) and (ii) are referred to as "Requirements"]; however, Tenant shall not be required to expend any funds to make any alterations, modifications, or additions to the Premises or otherwise to incur any capital costs to comply with the Requirements unless such capital cos;ts are necessitated by Tenant's use of the Premises or any work being perfonned by or on behalf of Tenant. Any such required alterations, modifications, additions and/or other capital costs shall be done and incurred solely at Landlord's cost and expense unless such capital costs arc necessitated by Tenant's use of the Premises or any work being performed by or on behalf of Tenant. Landlord agrees to promptly comply with all such Requirements and Landlord agrees to hold Tenant harmless for all fines, penalties, costs, damages and attorneys' fees (including before, during and after any trial or administrative proceeding including appellate proceedings) which Tenant may incur due to Landlord's failure to promptly comply with such Requirements. Notwithstanding the provisions contained in this Lease to the contrary, any time that Landlord's approval is required under this Section 6, in the event Landlord does not provide Tenant with notice to the contrary by 5:00 p.m. on the twentieth (20) calendar day after the date on which Landlord receives Tenant's request for approval in writing (together with any items requested by Landlord to evaluate any request), then Tenant shall provide to Landlord a second request for approval in writing which shall include the following statement in all caps: "YOUR FAILURE TO RESPOND WITHIN 7 BUSINESS DAYS WlLL RESULT IN AUTOMATIC CONSENT' (the "Second Request"). 1f Landlord does not provide Tenant with notice to the contrary by 5:00 p.m. on the sevemh (7th) calendar day after which Landlord receives the Second Request, then such approval shall be deemed to have been granted by Landlord. Any time that Landlord's approval is required under Section 6 for a minor change order. in the event that landlord does not provide Tenant with notice to the contrary by 5:00 p.m. on the seventh (7111) calendar day after the date on which Landlord receives Tenant's request for approval in writing (together with any items requested by Landlord to evaluate any request), then such approval shall be deemed to have been granted by Landlord. Notwithstanding anything to the contrary contained in this St:i:tion 6(c), Tenant shall not be liable or responsible for, and there shall be excluded from the computation of time of the Construction Period, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, or governmental laws, regulations or restrictions. 7. Delivery uf Possession. Landlord will deliver the Premises to Tenant as of the date that Tenant has obtained all Approvals (the "Delivery Date"). Tenant hereby represents that Tenant has inspected the Premises and accepts same "AS IS, WHERE IS AND WITH ALL f AUL TS." Notwithstanding the foregoing, Landlord represents and warranrs that as of the Delivery Date, Landlord has not received any notices stating that the Premises is in violation of any hazardous materials laws or codes. Further, as of the date of execution of this Lease, and during the Tenn hereof, the Premises and the Parking Facility arc and will be in full compliance with the Laws (defined below) except for any matters caused by Tenant or any 9 276 party acting by, through or under Tenant. Landlord agrees to indemnify Tenant from any damages resulting from any lawsuit for violation of the Americans with Disabilities Act ("ADA'') to the extent such violation is not caused by Tenant or any party acting by, through or under Tenant. Any alterations required to bring the Parking Facility into compliance with the Laws, including, but not limited to, the ADA, shall be the Landlord's responsibility except for any matters caused by Tenant or any party acting by, through or under Tenant; provided, however, Landlord may, in Landlord's sole discretion. include as Operating Expenses all costs and expenses incurred for such compliance. which shall be amortized on a per-day straight-line basis over a I 0-year period. Subject to the Laws, Tenant shall have access to the Premises at all times during the Tenn and Landlord shall maintain the strucC1.lral components of the Parking Facility. 8. Alterations and Improvements by Tenant. Tenant shall make no changes respecting the Premises; changes to the electrical, mechanical or other Parking Facility systems of the Premises; changes of any kind respecting the Premises that are visible from the exterior of the Premises; or any other changes, alterations, additions, or improvements tn the Premises (specifically including, but not limited to, installation of utility lines) without the consent of Landlord, which shall not be unreasonably withheld, delayed or conditioned. Jn each such case where Landlord's consent is required, Tenanl shall submit to Landlord plans and specifications for the relevant construction to be perfonned by Tenant. All of Tenant's personal property must be new when installed in, or attached to, the Premises. All alterations, additions or improvements, made by, for, or at the direction of Tenant shall be removed and the Premises shall be restored in accordance with Section 30 and 3 I. 9. Use of Premises. (a) Tenant shall use the Premises only for (i) the Required Use, (ii) for holding and organizing special events (defined as any event that is not pennitted under the Required Use and for which the entire Premises is closed to the public), upon the prior written consent of Landlord (in Landlord's sole, but reasonable discretion) with the express understanding that any request to which Landlord has not responded within ten (10) days shall be followed by a second request for approval fi'om Tenant which shall include in all caps "YOUR FAILURE TO RESPOND WtTHfN 7 BUSINESS DAYS WlL RESULT fN AUTOMATIC CONSENT" and upon Landlord•s failure to respond by 5:00 p.m. on the third (J'd) day after Landlord receives such request, the request shall be deemed approved and (iii) for food and beverage concession and merchandise sales associated with the Required Use, and for no other purpose (the "Permitted Use"). Tenant shall comply with all laws, ordinances, orders, regulations or zoning classifications of any lawful governmental authority, agency or other public or private regulatory authority (including insurance underwriters or rating bureaus) having jurisdiction over the Premises. Tenant shall not do any act or follow any practice relating to the Premises which shall constitute a nuisance or detract in any way from the reputation of the Premises as a first-class establishment. Tenant's duties in this regard shall include allowing no noxious or offensive odors, fumes, gases, smoke, dust, steam or vapors. or any loud or disturbing noise or vibrations to originate in or emit from the Premises. (b) Without limiting the generality of {a) above, the Premises shall not be used for the treatment, i;torage, transportation to or from, use or disposal of toxic or hazardous wastes, materials, or substances, or any other substance that is prohibited, limited or regulated by any governmental or quasi-governmental authority or that. even if not so regulated. could or does pose a hazard to he.alth and safety of the occupants of the Premises or surrounding property. (c) Tenant hereby agrees that this Lease is subordinate to all restrictive covenants and that Tenant shall abide by such re!'itrictive covenants encumbering the Premises, in connection with its use of the Premises. 10 277 (d) Tenant shall exercise due care in its use and occupancy of the Premises a.nd shall not commit or aUow waste to be committed on any portion of the Premises; and at the expiration or earlier termination of this Lease, Tenant shall deliver the Premises to Landlord in as good condition as existed on the Commencement Date, ordinary wear and tear and acts of God alone excepted. (e) Tenant shall, continuously and uninterruptedly from and after its initial opening for business, (i) operate and conduct for the Required Use within the entire Premises, except while the Premises are untenantable by reason of fire or other casualty or for other reasons beyond the reasonable controJ of Tenant and (ii) keep the Premises in a neat, clean and orderly condition. (f) Tenant shall be open for business to the public in the entire Premises at least six (6) days per week for no less than sixty (60) hours per week (the "Operating Hours") for the Required Use, and Tenant shall not be held liable for any failure to open for business, or remain open for business, by reason of strikes, lockout~, casualties, acts of God, labor troubles, inability to procure materials, failure of power, governmental laws or regulations, riots, insurrection, war or other causes beyond the reasonable control of Tenant. (g) Tenant shall save Landlord hannless from any claims, liabilities, penalties, fines, costs, expenses or damages resulting from the failure of Tenant to comply with the provisions of this Section 9. This indemnification shall survive the tennination or expiration of this Lease. 10. Graphics. Tenant, at its sole cost and expense, may install signage at the entrance to the Premises and within and on the rooftop of the Parking Facility, subject to Landlord's approval as to location, design and size and otherwise in accordance with Landlord's signage criteria and applicable law. No other signs or graphic displays shall be used or permitted on the Premises without Landlord's prior wrinen consent. Landlord shall have the right at any time to change the name of the Parking Facility and to install, affix and maintain any and all signs on the exterior and on the interior of the Parking Facility as Landlord may, in Landlord's sole discretion, desire. Tenant shall not use the name of the Parking Facility or use pictures or illustrations of the Parking Facility in advertising or other publicity or for any purpose other than as the address of the business to be conducted by Tenant in the Premises, without the prior wrinen consent of Landlord. Subject to the Laws, Landlord shall not plant any trees or other foliage, or take any other action which would rnatierally block the visibility of all exterior signage during the Term of this Lease and all Renewal Terms lht:rcafier. 11. Other Taxes. Tenant shall pay any taxes, documentary stamps or assessments of any nature imposed or assessed upon this Lease, Tenant's occupancy of the Premises or Tenant's trade fixtures, equipment, machinery, inventory, merchandise or other personal property located on the Premises and owned by or in the custody of Tenant as promptly as all such lax.es or assessments may become due and payable. 12. Ex.traba7.ardous Activities. Tenant shall not do or cause to be done or pennit on the Premises anything deemed extrahazardous on account of fire and Tenant shall not use the Premises in any manner which will cause an increase in the premium rate for any insurance in effect on the Premises, Parking Facility or a part thereof. If, because of an)l1hing done, caused to be done, permitted or omitted by Tenant or its agent(s), contractor(s), employee(s), invitee{s), licenscs(s), servant(s) subcontractor(s) or subtenant(s) the premium rate for any kind of insurance procured by Landlord and in effect relative to the Premises, Parking Facility or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within fifteen (15) days after receipt of such demand. 13. Maintenance and Repair of Premjses by Tenant. (a) Tenant agrees, at Tenant's cost and expense, to keep and maintaln the Premises and each and every part thereof in good order and condition and to make al I repairs thereto, and the fixtures and equipment 11 278 therein and the appurtenances thereto, including, without limiting the generality of the foregoing, all Tenant Improvements and alterations and additions made to the Premises by or on behalf of Tenant. and all of Tenant's signs. Tenant shall initiate and carry out a program of regular maintenance and repair of the Premises, including, without limitation, the painting and decorating of all areas of the interior, so as to impede, to the extent possible, deterioration by ordinary wear and tear, and to keep the Premises in a first class, clean, neat and attractive condition. Tenant shall keep the inside of all glass, if any, in the doors and windows of the Premises clean and shall replace any glass broken by Tenant. Tenant's agents, employees or licensees, with glass of the same kind, size and quality. Tenant shall be responsible for installing and maintaining any HV AC system and equipment sef'\oing the Premises in good condition at all times, and to make any repairs or replacements to such HVAC system and equipment. Tenant's responsibilities hereunder shall include any repairs that are required to be made during the Term by any legal authority having jurisdiction thereof whether the same is ordinary or extraordinary, foreseen or unforeseen, or which are required to comply with any requirements of any governmental entity (including, without limitation, the ADA) hereafter adopted or otherwise made applicable during the Tenn, or which Landlord may deem reasonably necessary or desirable to prevent waste or deterioration in connection with the Premises. (b) Tenant covenants and agrees with Landlord, at Tenant's own cost and expense, to repair or replace any damage done to the Premises or Parking Facility, or any part thereof, caused by Tenant or Tenant's agents, contractors, employees, invitees, or visitors, and such repairs shall restore the same to as good a condition as it was in prior to such damage, and shall be effected in compliance with any requirements of any governmental entity. Landlord shall be responsible for maintaining in good condition, and repair and for replacing all portions of the Parking Facllity (except those encompassing the Premises or repairs and replacements required due to damages caused by Tenant). and all common areas of the Parking Facility. The tenns of this Paragraph J 3(b) shall survive the expiration or earlier termination of this Lease. 14. Maintenance and Reoair of Premises 2Y Landlord. Except as otherwise expressly provided herein, Landlord shall not be required to make any repairs to the Premises other than repairs to the load- bearing walls, the floors and the roof of the Parking Facility, which may be required from time to time, but only after such required repairs have been requested by Tenant in writing and to the extent not caused by the acts of Tenant, its employees, agents, contractors, invitees, licensees, concessionaires, subtenants and/or assigns or resulting. directly or indirectly, from the installation of any Tenant's Improvements. It is further agreed that this Lease is made by Landlord and accepted by Tenant with the understanding that Landlord shall have the right and privilege to make and build additions, alterations and repairs to the Parking Facility a~ it may deem wise and advisable without any liability to the Tenant therefor. 15. Trade Fixtures and Eguipmen.t. Any trade fixtures installed in the Premises at Tenant's expense shall remain Tenant's personal property Tenant §hall not have the right at any time during the term of this Lease to remove such trade fixtures unless Tenant is replacing same immediately with something of equivalent value and utility. Upon removal of any trade fhtures, Tenant shall immediately restore the Premises to substantially the ~me condition as they existed on the Delivery Date, ordinary wear and tear and acts of God alone excepted. Any trade fixtures not removed by Tenant upon the expiration or earlier termination of the Lease shall be subject to Sections 30 and 31, below. 16. Utilities. Tenant shall pay for all utilities or services related to the Premises, including, without limitation, electricity, gas, heat, water, sewer, telephone and janitorial services. Landlord shall not be responsible for the stoppage or interruption of utilities services, nor shall Landlord be liable for any damages caused by or from the plumbing and sewer systems. Tenant's usage of all utilities for the Premises shall be separately metered or sub-metered at Tenant's cost. Notwithstanding the provisions contained in the Lease to the contrary, Landlord shall not unreasonably withhold, condition or delay consent to any changes, alterations, additions, or improvements of any nature or kind whatsoever within the Premises (specifically including, but not limited to, installation of utility lines and/or waste lines to the Premises), except for any such matters that would affect the structural component of the Parking Facility or any systems serving the Parking Facility or any improvemenls near the Parking Facility. 12 279 17. Casualty. (a} If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof t.o Landlord. If: (i) the Parking facility shall be so damaged that substantial alteration or reconstruction of the Parking Facility shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty); (ii) any Mortgagee's (defined below) interest in the Parking Facility requires that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt~ (iii) there is any material uninsured loss to the Parking Facility or any part thereof; Landlord or Tenant may, et their option, terminate this Lease by notifying the other party in writing of such termination within 90 days after the date of such casualty; and Landlord may, at its option, not repair, reconstruct, or restore the Premises or the Parking Facility, whether or not the Premises have suffered from the casualty. If Landlord or Tenant does not elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Parking Facility; except that Landlord's obligation to restore shall not require r .andlord to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When Landlord's repairs have been substantially completed by Landlord, Tenant shall promptly complete the restoration of all improvements to the Premises (including, without limitation, all improvements previously performed by Tenant) which are necessary to pennit Tenant's reoccupancy of the Premises and to restore the Premises to the condition immediately before such casualty or damage, in accordance with plans and specifications approved by Landlord. Landlord shall have the right to approve any contractor Tenant selects to perform such work. Tenant shall also be responsible for the restoration of Tenant's furniture, equipment, and fixtures. All cost and expense of reconstructing the Premises to a level in excess of the shell Parking Facility shall be borne by Tenant. (b) Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such casualty damage or the repair thereof; except that. subject to the pro\lisions of the next sentence, Landlord shall allow Tenant a fair diminution of Base Rent and Operating Expenses until the shell Parking Facility is substantially completed by Landlord and a reasonable period of time, not to exceed one hundred eighty (180) days has elapsed for Tenant to restore any improvements previously performed by or on behalf of Tenant. If the Premises or any other portion of the Parking Facility is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, contractors, employees, or invitees, the Base Rent hereunder shall be diminished during the repair of such damage only to the extent same is actually covered by insurance proceeds, and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Premises and the Parking Facility caused thereby to the extent such costs and expenses are not covered by insurance proceeds. 18. Governmental Orders. Tenant agrees, at its o~n expe";nse, to comply promptly with all laws, ordinances and regulations (including without limitation the Americans with Disabilities Act) and with all requirements of any legally constituted public authority that may be in effect from time to time which arc related to the Premises and/or Tenant's use or occupancy of the Premises. 19. Mutual Waiver of Subrogation. For the purpose of waiver of subrogation, the parties mutually release and waive unto the other all rights to claim damages, costs or expenses for any injury to persons (including death) or Jlroperty caused by a casualty of any type whatsoever in, on or about the Premises if the amount of such damage, cost or expense has been paid to such damaged party under the terms of any policy of insurance. All insurance policies carried with respect to this Lease, if perm ltted under applicable law, shall contain a provision whereby the insurer waives, prior to loss, all rights of subrogation against either Landlord or Tenant. 20. lndemnification. l3 280 (a} Tenant shall indemnify and save Landlord harmless against any and all claims. suits, demands, actions, tines, damages, and Jiabilities, and all costs and expenses thereof (including, without limitation, reasonable attorneys' fees) arising out of injury to persons (including death) or property occurring in, on or about, or arising out of the Premises or Parking facility if caused or occasioned wholly or in part by any acts or omissions of Tenant, its agents, contractors, employees, invitees, licensees, servants, subcontractors or subtenants, except if caused by the gross negligence of Landlord, its agents or employees. Tenant shall give Landlord reasonably timely notice of any such happening causing injury to persons or property. (b) Landlord shall indemnify and save Tenant harmless against any and all claims, suits, demands, actions, fines, damages, and liabilities, and aU costs and expenses thereof (including, without limitation, reasonable attorneys' fees) arising out of injury to persons (including death) or property occurring in, on or about, or arising out of the Parking Facility, but not the Premises, if caused or occasioned by any acts or omissions of Landlord, its agents or employees, except if caused by the gross negligence of Tenant, its agents, contractorS, employees, invitees, licensees, servants, subcontractors or sublenants. Landlord shall give Tenant reasonably timely notice of any such happening causing iajury to persons or property. (c) The tenns of this Paragraph 20 shall survive the expiration or earlier termination of this Lease. 21. Tenant's Insurance and Requirements. (a) Tenant agrees to secure and keep in force from and after the Delivery Date (or the earlier date Tenant enters the Premises for any purpose) and throughout the Tenn, at Tenant's own cost and expense: (i) Commercial general liability ins\lrance with a single combined limit, including any umbrella or excess commercial policy, with a broad fonn commercial general liability endorsement applicable to the Premises and its appurtenances, the sidewalks, if any, abutting and/or adjoining the Premises, and the business operated by Tenant and/or any party, in or from lhe Premises. on an occurrence basis in an amount of not less than $5,000,000 or such additional amount as may be reasonably required by Landlord from time to time, which shall include insurance for personal injury, death or property damage occurring upon, in or about the Premises, including water damage and sprinkler leakage legal liability, and shall include products and completed operations coverage with a reasonable deductible consistent with standard industry practice. In addition to any and all insurance required to be maintained by Tenant in the Lease, Tenant shall at all times during the Term maintain (a) host liquor liability insurance in an amount or not less than $5,000,000.00 per occurrence, and (b) an endorsement to its liability policy for assault and battery coverage and firearms coverage in an amount of not less than SI0,000,000.00 per occurrence. Such insurance shall be maintained by insurance companies that satisfy the requirements of Section 21 (b) of this Lease and such coverages shall be reflected on the certificates of insurance to be delivered by Tenant and shall name Landlord and its designecs as additional insureds. (ii) Special Fonn property insurance covering all of the Tenant's Improvements, and all trade fixtures, furniture, decorations, equipment, inventory, merchandise and personal property from time to time in, on or upon the Premises, and alterations, additions or changes made by Tc:nant, in an amount not less than one !00% percent of their replacement cost from time to time during the Tenn withotit co-insurance, providing protection against perils included within a standard Florida form of fire and extended coverage insurance policy, together with insurance against sprinkler damage (if sprinklers are installed), vandalism, theft, and malicious mischief, and shall also include plate glass coverage for all plate glass along the exterior wells of the Premises, with a reasonable deductillle consistent with standard industry practice. At Landlord's option, any proceeds from such insurance 14 281 shall be hdd by an escrow agent approved by Landlord for the repair, restoration, reconstruction or replacement of the property damaged or destroyed unless this Lease shall cease and tenninate as hereinafter provided. (iii) Workers' Compensation insurance in the amount required by law, and employer's liability insurance in an amount of not less than $1,000,000 with a reasonable deductible consistent with standard industry practice. (iv) Employee's non-owned and hired vehicle insurance for any non-owned vehicles that are used by Tenant's employees in the course of Tenant's business in an amount of not less than $500,000; if Tenant owns or leases any vehicles used in the operation of its business, commercial automobile insurance in an amount of not less than $1 ,000,000. (v) Business income and interruption insurance respecting Tenant'~ operations from the Premises sufficient to cover Tenant's overhead and payroll for at least 12 months. (vi) During any period when Tenant Improvements or any other construction work is being performed within the Premises or on the Property by or for Tenant, Tenant or its contractor(s) shall provide builder's risk insurance equal to the replacement cost of any improvements being constructed, naming Landlord as a loss payee, and owner's and contractor's protective liability insurance in an amount of not less than $1.000,000 with a reasonabk deductible consistent with standard industry practice; and each contractor shall maintain worker's compensation insurance as required by law, and Landlord shall be provided with certificates evidencing same. (vii) Such other insurance as Landlord may reasonably require or as is customarily carried by businesses similar to Tenant's business, in such amounts and conditions as Landlord may reasonably require. (b) Tenant's Insurance -Special Reqyirements. All policies of insurance provided for in Section 2I(a) above shall: (i) be issued in fonn and by an insurance company approved by Landlord rated A VH or better by the then current Best's Guide, and qualified to do business in the State of Florida; (ii) name the following parties (the "'interested Parties") as additional insureds (or as loss payee, as applicable): Landlord, Landlord's agents and managers, any ground lessor or mortgagee, and any other parties in interest from time to time designated in writing by notice from Landlord to Tenant; (iii) be delivered (or, at Landlord's option, fl certificate thereof acceptable to Landlord) to the Interested Parties upon or before delivery of possession of the Premises to Tenant and thereafter within 30 days prior to the expiration of each such policy, and, as often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Tenant in like manner and to like extent; (iv) shall contain a provision that the insurer will give the Interested Parties at least 30 days notice in writing in advance of any cancellation, termination or lapse, or the effective date of any reduction in the amounts of insurance or any other material change; (v) shall be written as a primary policy which does not contribute to and is not in excess of coverage which the Interested Parties may carry, and (vi) shall contain a provision that the Interested Parties, although added as additional insureds or named as loss payees, shall nevertheless be entitled to recover under said policies for any loss occasioned to them, or their servants, agents and employees by reason of the negligence of Tenant. The [imit of any insurance maintained by Tenant shall not limit the liability of Tenant hereunder. 22. Condemnation" If the whole or substantially the whole of the Parking Facility or the Premises should be taken for any public or quasi-public use, by right of eminent domain or otherwise or should be sold in lieu of condemnation, then this Lease shall terminate as of the date when physical possession of the Parking Facility or the Premises is taken by the condemning authority. If less than the whole or substantially the whole of the Parking Facility or Premises is thus taken or sold, Landlord (whether or not the Premises are affected thereby) may, at its option, tenninate this Lease by giving written notice thereof to Tenant; in which event this Lease shall tenninate as of the date when physical possession of such portion of the Parking Facility or Premises is taken by the condemning authority. If this Lease is not so 15 282 tenninated upon any such taking or sale, and if a portion of the Premises is taken, the Base Rent payable hereunder shall be diminished by an equitable amount. All amounts awarded upon a taking of any part or aII of the Parking Facility or Premises shall belong to Landlord, and Tenant shall not be entitled to and expressly waives all claims to any such compensation. Notwithstanding anything contained in this Lease to the contrary, the parties agree that in the event less than a whole but more than ten (I<JG/o) percent of the Premises shall be expropriated by public or quasi-public authority, Tenant shall have the option to tenninate this tease as of the date Tenant shall be dispossessed from the part so expropriated, by giving notice to Landlord of such election to te11T1inate within thirty (30) days from such dispossession. Additionally. Tenant shall not be entitled to share in any award made by reasop of expropriation of the Premises or any part thereof, public or quasi-public authority, except for any claim of loss of business or trade fixtures, equipment and furnishings that does not reduce the amount of an award to Landlord. 23. Events of Default and Remedies. (a) Upon the occurrence of any one or more of the following events (the "Events of Default," any one an "Event of Default"), the patty not in default shall have the right to exercise any rights or remedies available in this Lease, at law or in equity. Events of Default shall be: (i) Subject to the tenns of this Section 23{a), Tenant's failure to pay when due any rental or other sum of money payable hereunder; (ii) Failure by either party to perform any other of the tenns. covenants or conditions contained in this Lease if not remedied within thirty (30) days after receipt of written notice thereof, or if such default cannot be remedied within such period, if such party does not within thirty {30) days after written notice thereof commence such act or acts as shall be n~essary to remedy the default or does not thereafter complete such act or acts within a reasonable time; (iii) Tenant shall become bankrupt or insolvent, or file any debtor proceedings, or file pursuant to any statute a petition in bankruptcy or insolvency or for reorganization, or file a petition for the appointment of a receiver or trustee for all or substantially all of Tenant's assets (if such petition or appointment shall not have been set aside within sixty (60) days from the date of such petition or appointment), or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement; or (iv) Tenant vacates, abandons or fails to operate in the Premises or any substantial part thereof, unless such failure to operate is in accordance with Paragraph 60 of this Lease, or allows its leasehold estate to be taken under any writ of execution and such writ is not vacated or set aside within sixty (60) days. Notwithstanding the provisions contained in this Lease to the contrary, Tenant shall not be in default of any obligation for the payment of Base Rent, Percentage Rent (if any), Additional Rent, or any other sum due and payable pursuant to this Lease until the continuance of such default for ten (I 0) days after Landlord has given written notice to Tenant specifying the nature of the default (provided that Landlord shall not be obligated to provide any such written notice more than two (2) times in any one (I) calendar year, after which an Event of Defau It shall occur upon Tenanl's failure to make any such payment when due. (b) Upon the occurrence of any of the Events of Default enumerated above, or any other event of default by Tenant under this Lease, Landlord shall have the option to pursue any one or more of the following remedies: (i) tenninate chis Lease, in which event Tenant shall immediately surrender the Premises to Landlord; (ii) terminate Tenant's right to occupy the Premises and re-enter and take possession of the Premises (without terminating this Lease}; (iii) Landlord shall have the right, with or without terminating or canceling this Lease or Tenant's right lo possession of the Premises, to declare all amounts and all Annual Rent due under this Lease for the remainder of the Term (or any extension or renewal thereof) to be immediately due and payable, and thereupon all rents and other charges due hereunder to the end of the 16 283 Tenn (or any extension or renewal tenn, if applicable) shall be accelerated; but such accelerated amount shall be discounted to the then present value at the discount rate of the Federal Reserve Bank of the district within which the Premises is located; (iv) Landlord may elect to enter and repossess the Premises and relet all or part of the Premises for Tenant's account, for a term or tenns which may, at Landlord's option, be equal to, less than, or greater than the period which would otherwise have constituted the balance of the Tenn, holding Tenant liable in damages for aJl expenses incurred in any such reletting including. without limitation, any Tenant improvement allowance, expenditures in connection with renovation, maintenance, repairs and/or alterations for the new tenant, broker's commissions, legal fee.c;, etc_ and for any difference between the amounr of rent received from such reletting and the Rent due and payable under the tenns of Lhis Lease; (v) enter upon the Premises and do whatever Tenant is obligated to do under the teTills of this Lease, and Tenant agrees to reimburse Landlord on demand for any expense which Landlord may incur in effecting compliance with Tenant's obligations under this Lease, and Tenant further agrees that Landlord shall not be liable for any damages resulting to the Tenant from such action; and (vi) exercise all other remedies available lo Landlord at law or in equity, including, without limitation, injunctive relief of all varieties_ ln the event Landlord elects to re-enter or take possession of the Premises after Tenant's default. Tenant hereby waives notice of such re-entry or repossession. Landlord may make such alterations and/or decorations in the Premises as Landlord, in Landlord's sole discretion. considers advisable and necessary for the purpose of reletting, securing or maintaining the Premises. Landlord, in addition to all other rights and remedies it may have, shall have the right to keep in place and use all of the inventory, fumirure, fixrures, equipment and other personal property in the Premises and/or remove any or all of Tenant's property from the Premises which may then be sold, disposed of, or stored at the cost of and for the account of Tenant_ Landlord shall not be responsible for the care or safekeeping of any such property and Tenant waives any claim against Landlord relating thereto. No re-entry or taking possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless written notice of such intention is given to Tenant. Notwithstanding any reletting without termination of this Lease, Landlord may at any time thereafter elect to tenninate this Lease. In any event, Landlord shall not be liable for, nor shall Tenant's obligations hereunder be diminished by reason of, any failure by Landlord to rclet the Premises or any failure by Landlord to collect any sums due upon such reletting,., and the refusal, failure or inability of Landlord to relet the Premises or any part or parts thereof shall not release or affect Tenant's liability for damages, the Tenant hereby specifically waiving any duty on the part of Landlord to mitigate damages that may otherwise be imposed by law. Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in rent, expel or remove Tenant and any other person who may be occupying said Premises or any part thereof. All of Landlord's remedies shall be cumulative and not exclusive. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default. Without limiting the generality of the foregoing. the maintenance of any action or proceeding to recover possession of the Premises or any Rent or any other monies that may be due or become due from Tenant to Landlord shall not preclude Landlord from thereafter instiniting and maintaining subsequent actions or proceedings for the recovery of possession of the Premises or of any other Rent or monies that may be due or become due from Tenant. Any entry or re-entry into the Premises by Landlord shall not be deemed to absolve or discharge Tenant from liability under this Lease. 24_ Subordination. (a) Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust, ground lease, or other lien presently existing or hereafter arising upon the Premises, or upon the Parking Facility and to any renewals, refinancing and extensions thereof or of any ground leases (collectively, a "Mortgagee,.), 1md Tenant agrees that any Mortgagee shall have the right at any time to subordinate such Mortgage to this Lease on such terms and subject to such conditions as Mortgagee may deem appropriate in its discretion_ The terms of this Lease are subject to approval by Mortgagee, and such approval is a condition precedent to Landlord's obligations under this Lease. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any Mortgage now existing or hereafter placed upon the Premises, or the Parking Facility, and Tenant agrees upon demand to execute such further instruments (collectively, "Subordination 17 284 Instrument") subordinating this Lease or attoming to the holder of any such Mortgage as Landlord may request. In £he event that Tenant should fail to execute the Subordination instrument promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute the Subordination Instrument in Tenant's name, place, and stead, it being agreed that such power is one coupled with an interest. (b) If a Mortgagee, or any other person claiming under a Mortgage, succeeds to Landlord's interest in this Lease whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease or otherwise, Tenant will recognize and attorn to said Mortgagee or other person as its Landlord under this Lease. In the event of a termination of any Mortgage, foreclosure or deed in lieu (as applicable), any new owner shall not (i) be liable for any act or omission of Landlord or with respect to events occurring prior to acquisition of ownership to the extent applicable to the period prior to the date such new owner succeeds to Landlord's interest under this Lease; (ii) be subject to any offsets or defenses which Tenant might have against Landlord to the extent applicable to the period prior to the date such new OVl/Tler succeeds to Landlord's interest under this Lease; or (iii) be bound by prepayment of more than one month's. Base Rent. Notwithstanding the provisions contained in this Lease to the contrary, Landlord shall, within thirty (JO) days of request, use commercially reasonable efforts to obtain a Non-Disturbance Agreement from all mortgagees stating that so long as the Tenant is not in default of the terms as contained in this Lease, the mortgagee shall not disturb the tenancy created herein, and shall attom to the obligations of the Landlord. Further, Tenant shall have the absolute right from time to time during the Tenn hereof and without Landlord's further approval, written or otherwise, to grant and assign a mortgage or other security interest in all of Tenant's trade fixtures, equipment, and other movable personal property to Tenant's lenders in connection with Tenant's financing arrangements. Landlord agrees to e)j;ecute such documents (except amendments to this Lease unless Landlord hereafter consents) as Tenant's lenders may reasonably request in connection with any such financing, all of which shall be in fonn and content satisfactory to Landlord. 25. Assignment and Subletting. (a) Tenant shall not, voluntarily, involuntarily, or by operation of law, assign, sublease, transfer, mortgage, pledge or encumber this Lease or any interest therein except with Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any attempted assignment, sublease, transfer or encumbrance of this Lease by Tenant in violation of the tenns and covenants of this Section shall be void ah initio. Any consent given by Landlord shall not he considered to be a consent to any other OI" further proposed assignment, sublease, transfer or encumbrance. In the event Tenant is a corporation, limited liability company or a partnership, the conveyance, assignment, transfer or alienation of 51 % or more of the corporate srock, membership interests or partnership interests, as the case may be, or the change in management or controlling interest in Tenant shall be deemed an assignment for the purposes hereof unless ~uch entity is a Reporting Company under the Securities Exchange Act of 1934. Tenant shall reimburse Landlord's reasonable altomeys' fees and expenses incurred in connection with Tenant's assignment, subletting, transfer, or encumbrance of this Lease or any interest therein (b) If Tenant requests Landlord's consent to an assignment of this Lease or subletting of all or part of the Premises, Landlord may, in Landlord's sole and absolute discretion, condition any approval of such sublease or assignment on Tenant remaining primarily liablt: under this Lease. If Landlord should fail to notify Tenant in writing of its decision within a 30 day period after Landlord is notified in writing of the proposed assignment or sublease, Landlord shall be deemed to have refused to consent to such assignment or subleasing, and to ha.,e elected to keep this Lease in full force and effect. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that the proposed transferee ( l) is creditworthy, (2) has a good reputation in the business communfty, (3) will use the Premises for the Required Use, and (4) will not use the Premises or Parking Facility in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, or Parking Facility; otherwise, Landlord may 18 285 ( ' withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole · discretion to any proposed transfer if any Event of Default by Tenant then exists. (c) All cash or other consideration, including any excess rentals beyond the Base Rent set forth herein, received by Tenant as the proceeds of, or resulting from, any assignment, or sublease of Tenanfs interest in this Lease and/or the Premises, whether consented to by Landlord or not, shall be paid to Land1ord, notwithstanding the fact that such proceeds exceed the Base Rent called for hereunder, unless Landlord agrees to the contrary in writing, and Tenant hereby assigns all rights it might have or ever acquire in any such proceeds to Landlord. This covenant and assignment shafJ benefit Landlord and its successors in ownership of the Parking Facility and shall bind Tenant and Tenant's heirs, executors, administrators, personal representatives, successors and assigns. Any assignee, sublessee or purchaser of Tenant's interest in this Lease (all such assignees, sublessees or purchasers being hereinafter referred to as "Successors"), by occupying the Premises and/or assuming Tenant's obligations hereunder, shall be deemed to have assumed liability to Landlord for all amounts paid to persons other than Landlord by such Successor in consideration of any such sale, assignment or subletting, in violation of the provisions hereof, but Tenant shall remain fully liable to Landlord for all obligations hereunder. (d) Notwithstanding anything contained in this Section, Tenant may, without Landlord's consent, but with prior notice to Landlord: (i) sublease the Premises in whole or in part or (ii) assign its interest in this Lease to any entity which controls, is controlled by, or is under common control with Tenant (collectively, an "Affiliate"), provided that any such assignee or sublessee must use the Premises for the Permitted Use and have sufficient financial strength (in Landlord's reasonable estimation, and as reasonably evidenced to Landlord) to meet the obligations of Tenant hereunder. (e) The interest of Tenant in this Lease and/or the Premises is not subject to execution, levy and/or sale, and is not otherwise subject to transfer by Tenant in any manner whatsoever, except as expressly provided and permitted in this Lease and/or except as may be effectuated by Landlord under this Lease. (f) No assignment or sublease shall relieve the Tenant named herein from being fully and primarily liable for all obligations of Tenant under this Lease whenever accruing. 26. Transfer of Landlord's Interest. If Landlord shall sell, assign or transfer all or any part of its interest in the Premises or in this Lease to a successor in interest which expressly assumes the obligations of Landlord hereunder. then Landlord shall thereupon be released or discharged from all covenants and obligations hereunder, and Tenant shall look solely to such successor in interest for performance of all of Landlord's obligations. Tenant's obligations under this Lease shall in no manner be affected by Landlord's sale, assignment, or transfer of all or any part of such interest(s) of Landlord, and Tenant shall thereafter attorn and look solely to such successor in interest as the Landlord hereunder. 27. Covenant of Quiet Enjoyment. Subject to the Laws, Landlord covenants that Tenant, on paying Rent and performing Tenant's obligations under this Lease, shall peacefully and quietly have, hold and enjoy the Premises throughout the Tenn and all Renewal Terms without hindrance, ejection or molestation by landlord. 28. Estoppel Certificates. Within fifteen (l S) days after a request by Landlord, Tenant shall deliver a written estoppel certificate, in form supplied by or acceptable to Landlord, certifying any facts that are then true with respect to this Lease, including, without limitation, that this Lease is in full force and effect, that no default exists on the part of Landlord or Tenant, that Tenant is in possession. that Tenant has commenced the payment of rent, and that Tenant claims no defenses or offsets with respect to payment of rentals under this Lease. Likewise, within fifteen ( 1 S) days after a request by Tenant, Landlord shalI de! iver to Tenant a similar estoppel certificate covering such matters as are reasonably required by Tenant. 29. Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics', materialmen's or other types of liens whatsoever, against all or any part of the Premises by 19 286 ,/'_.. •, ..;!' .. ·- I reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shalJ either cause the same to be discharged of record within thirty (30) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it. discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien, Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys' fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at the maximum lawful rate. Provided no Event of Default has occurred, notwithstanding the provisions contained in this Lease to the contrary, in the event Landlord renders a statement for such additional sums due and owing pursuant to the terms of his Lease Agreement, and such statement requires a payment in excess of $2,500.00, then the parties agree, notwithstanding anything in this Lease to the contrary, that such payment shall be due within three (3) equa] instaJJments, one-third (I /3) due within ten (10) days of rendering the statement, one-third (1/3) due within forty-five (45) days of rendering the statement, and the balance of the one-third (1/3) due within ninety (90) days of rendering the statement. 30. Surrender; Holding Over. This Lease shall terminate at 11 :59 p.m. on the day of the expiration of the Term without the necessity of notice from either Landlord or Tenant. Upon the expiration or termination of this Lease (or such other time as Tenant may vacate the Premises, notwithstanding that so vacating may constitute a default), Tenant shall peacefully surrender, quit and vacate the Premises and deliver up same to Landlord in accordance with the terms of this Lease and in good order, condition and repair, as the same shall be on the Delivery Date (such condition being the "Premises Restoration"), damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted, broom clean, with all trash removed. In the event of holding over by Tenant after expiration or other termination of this Lease, or in the event Tenant continues to occupy the Premises after the tennination of Tenant's right of possession, Tenant shall, throughout the entire holdover period. pay Rent equal to twice the Base Rent, Percentage Rent and Additional Rent which would have been applicable had the Term continued through the period of such holding over by Tenant. No holding over by Tenant after the expiration of the Term shall be construed to extend the term of this Lease, and Tenant shall be deemed to be a tenant-at-sufferance during such holdover period. If, as a result of Tenant's holding over in the Premises after expiration or other tennination of this Lease, Landlord suffers damages or incurs additional obligations to any third party who has leased part or all of the Premises, Tenant shall indemnify Landlord to the ex.tent of such damages or additional obligations, including without limitation Landlord's attorneys' fees. 31. Letter of Credit/Bond/Escrow Deposit. On or before the expiration of the Governmental Approval Period, Tenant, at Tenant's cost, shall obtain bids from three (3) licensed contractors reasonably approved by Landlord for all estimated costs associated with the Premises Restoration based on the then- current plans for the Tenant's Jmprovements. On or before the Delivery Date, Tenant shall either (i) deliver a letter of credit to Landlord in the amount of the highest of the three (3) bids (the "Restoration Costs"), and in form and content satisfactory to Landlord, (ii) deliver a bond to Landlord in the amount of the Restoration Costs and in fonn and content satisfactory to Landlord or (iii) deposit with a title company satisfactory to Landlord, an amount equal to the Restoration Costs to be held pursuant to the terms and conditions of an escrow agreement is form and content satisfactory to Landlord (the security for payment of the Restoration Costs described in (i), (ii) or (iii) that is delivered by Tenant, being the "Security"), At Landlord's request and at Tenant's cost, Tenant shall obtain updated bids from three (3) licensed contractors upon the expiration of Lease Year Five. If Landlord elects to obtain updated bids and if the highest bid is at least $10,000 greater than the then-current Restoration Costs, then the Restoration Costs shall hereinafter be the amount of the highest updated bid and Tenant will increase the amount of the Security as necessary. If Tenant fails to restore the Premises as provided under Section 30, in Landlord's discretion, Landlord may draw upon the full 20 287 .. /·"' ; amount of the Security and, if the cost of the Premises Restoration exceeds the Restoration Costs, Tenant shall reimburse Landlord for any additional costs. If the Restoration Costs exceeds the cost of the Premises Restoration. Landlord shall return such amounts to Tenant. The terms of this Paragraph 31 shall survive the tennination or expiration of this Lease. Notwithstanding anything contained in this Lease to the contrary and provided that there is no Event of Defauh (which, as provided in Section 23, occurs only after the expiration of any applicable cure periods expressly provided in Section 23) under the Lease, upon the expiration of the initial 120-month Term, Landlord shall return the Security to Tenant and Landlord's right to the Security shall terminate and be of no further force and effect. 32. Attorneys' Fees. Tenant must pay to Landlord on demand all attorneys' fees, costs and expenses incurred by Landlord in the event Landlord retains an attorney or commences an action for recovery of any Rent after applicable notice and cure periods have elapsed and is the prevailing party. Furthermore, if Landlord or Tenant employs an attorney to assert or defend any action arising out of the breach of any term, covenant or provision of this Lease, or to bring legal action for the unlawful detainer of the Premises, the prevailing party shall be entitled to recover from the non-prevailing party attorneys' fees, including attorneys' fees and costs incurred in litigating entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of recoverable attorneys' fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, role, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable. For purposes of this Section 32, a party shall be considered to be the "prevailing party" to the extent that (a) such party initiated the litigation and substantially obtained the relief which it sought (whether by judgment, trial, or alternative dispute resolution process), or (b) such party did not initiate the litigation and (I) received a judgment in its favor, (2) did not receive judgment in its favor, ·but the party receiving the judgment did not substantially obtain the relief which it sought, or (3) the party initiating the litigation unilaterally withdrew its claim or action without having substantially received the relief which it was seeking (unless otherwise agreed in writing). 33. No Implied Waiver. The failure of Landlord or Tenant to insist at any time upon the strict performance of any covenant or agreement contained herein or to exercise any option, right, power, or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future, except as may be expressly waived in writing. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly installment of Rent due under this Lease shall be deemed to be other than on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or · pursue any other remedy in this Lease provided. 34. Mortgagee Protection: Landlord's Liabi]jty. (a) If any Mortgagee shall have given prior notice to Tenant that it is the Mortgagee thereof and such notice includes the address at which notices to such party are to be sent, then Tenant shall give to said Mortgagee notice simultaneously with any notice given to Landlord to correct any default of Landlord as herein provided, and in such event the Mortgagee shall have an additional 60 days within which to cure or correct such default before Tenant may take any action under this Lease by reason of such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if such Mortgagee has commenced within such 60 days, and is diligently pursuing, the remedies or steps necessary ta cure or correct such default, including without limitation commencement of foreclosure proceedings if necessary to effect such a cure) and if necessary to cure such default, shall have access to the Premises before such additional 60 day period shall commence. Any notice of default given Landlord shall be null and void unless simultaneous notice has been given to said Mortgagee. Landlord shall not be deemed to be in default under this Lease with respect to any covenant, condition or obligation of Landlord under this Lease until the 21 288 / ·. ( ,..,,..·~--- ( expiration of 60 days after receipt of written notice of such default from Tenant. If by the nature of such default the default can not reasonably be cured within said 60 day period, if Landlord has commenced a good faith effort to cure such default within said 60 day period and diligently pursues such cure without interruption until completion, Landlord shall have such time as is reasonable to cure such default. (b) The term "Landlord,"' as used in this Lease, shall mean only the owner or owners, at the time in question, of the leasehold interest in and to the Parking Facility. In the event of any transfer of such title or interest, Landlord as named in this Lease (and in the case of any subsequent transfers, then the grantor) shall be relieved from and after the date of such transfer of all liability in respect of Landlord's obligations thereafter to be performed, provided that any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an interest, shall be delivered to the grantee. The obligations contained in this Lease to be performed by Landlord shall, subject to the above, be binding on Landlord's successors and assigns, only during their respective periods of leasehold interest. The obligations of Landlord under this Lease do not constitute personal obligations of Landlord or the individual partners, shareholders, members, managers, directors, officers, and property managers, and Tenant shall look solely to Landlord's then existing interest in the Parking Facility, and to no other assets of Landlord, for satisfaction of any liability in respect of this Lease, and will not seek recourse against the individual partners, shareholders, members, managers, directors, officers, property managers, or any of their personal assets for such satisfaction. No properties or assets of Landlord shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Premises. Anything to the contrary contained in this Lease notwithstanding, Landlord shall under no circumstances be liable for injury to Tenant's business or for any loss of income, incidental or consequential damages, or profit therefrom or for punitive damages, all of which is expressly waived by Tenant. 35. ~. Unless otherwise provided in this Lease, all notices and requests required or permitted under this Lease to Landlord or Tenant shall be in writing and shall be addressed to the addresses indicated in this Lease or to any other address that Landlord or Tenant may designate in a notice to the other party given at least 15 days in advance. AU notices shall be deemed to be properly served if delivered to the appropriate address by registered or certified mail {with postage prepaid and return receipt requested), courier, express delivery service (such as FEDEX, D.H.L. or similar ex.press services), or by facsimile transmission (provide that such facsimile transmission is delivered on or before 5:00 p.m .• and the party sending the transmission has confinnation of transmission and the original notice is delivered to the receiving party the next business day)). Anything contained herein to the contrary notwithstanding, no notice of default, tennination or election of any right under this Lease by Landlord or Tenant {collectively "Material Notices") shall be deemed delivered to, or received by, the receiving party if sent by the sending party only by facsimile. Such Material Notices, if sent by facsimile, must also be sent by any other notice method described in this Section and shall on1y be deemed received by Landlord or Tenant pursuant to the provisions applicable to such applicable non-facsimile notice method so utilized. The date of service of n notice served shall be the date of actual receipt or refusal of delivery. If any Mortgagee shall notify Tenant that it is the holder of a Mortgage affecting the Premises, no notice of default thereafter sent by Tenant to Landlord shall be effective unless and until a copy of the same shall also be sent to such Mortgagee in the manner prescribed in this Section and to such address as such Mortgagee shall designate. Until further notice, the address for Tenant and Landlord shall be as set forth in Section l(a). Although the parties may communicate from time to time by email, email correspondence shall not be deemed to be effective notice under this Lease. Notices may be given on behalf of any pany by such party's legal counsel. In the event of any litigation under this Lease, the foregoing notice provisions shall in no way prohibit notices from being given as provided in the rules of civil procedure of the State of Florida, as the same may be amended from time to time and any notice so given in any such litigation shall constitute notice herein. 22 289 ( (' 36. Severability. If any term or provision of this Lease, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such tenn or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be otherwise valid and enforced to the fullest extent permitted by law. 37. Recordation. Tenant agrees not to record this Lease or any memorandum hereof. At Landlord's request, Tenant agrees to promptly execute a memorandum of this Lease in recordabJe fonn, and Landlord may, at its option, record such memorandum in the Public Records of the County in which the Property is located. 38. Governing Law. This Lease and the rights and obligations of the parties hereto shall be interpreted, construed, and enforced in accordance with the laws of the State of Florida. Landlord and Tenant agree to subrn it to the personal jurisdiction of and that the venue for any proceeding under or relating to this Lease shall be in any court serving the county where the Property is located. 39. force Majeure. Whenever a period of time is herein prescribed for the taking of any action by Landlord or Tenant, such party shall not be liable or responsible for, and there shall be excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials. war. governmental laws, regulations or restrictions, or any other cause whatsoever beyond the control of the party taking action; provided that this Paragraph 39 shalJ not apply to Tenant's monetary obligations under the Lease. 40. Time of Performance. Except as expressly otheiwise herein provided, with respect to all required acts of either party. time is of the essence in this Lease. 41. Brokers. Landlord and Tenant each represent and warrant one to the other that except as set forth below, neither of them has contracted with any broker in connection with the negotiations of the terms of this Lease or the execution thereof. Landlord and Tenant hereby agree to indemnify and to hold each other hannless against any loss, expense or liability with respect to any claims for commissions, finder's fees or brokerage fees arising from or out of any breach of the foregoing representation and warranty. Landlord has advised Tenant that Landlord has contracted with the Grubb & Ellis Company (the "Landlord's Broker") as its broker, which entity may be related to Landlord, and Landlord shall be responsible for any commission due Landlord's Broker in connection with this transaction pursuant to a separate written agreement. 42. Effect of Delivezy of This Lease. Landlord has delivered a copy of this Lease to Tenant for Tenant's review only, and the delivery hereof does not constitute an offer to Tenant or option to lease. This Lease shall not be effective until a copy executed by both Landlord and Tenant is delivered to and accepted by Landlord. 43. Exhibits. All of the Exhibits are incorporated herein and made a part of this Lease for all purposes. 44. Captions; Construction. The Section captions used herein are for convenience and reference only and in no way add to or detract from the interpretation of the provisions of this Lease. Landlord, Tenant and their separate advisors believe and agree that this Lease is the product of their joint efforts, that It expresses their agreement, and that this Lease shall be construed without regard to any presumption or other rule pennitting construction against the party causing this Lease to be drafted and shall not be construed more strictly in favor of or against either of the parties hereto merely because of their efforts in its preparation, but this Lease shall be interpreted in accordance with the general tenor of the language in an effort to reach the intended result. 45. Prior Agreements and Amendments. This Lease contains the sole and entire agreement between the parties hereto and supersedes all previous written and oral negotiations and agreements between 23 290 r ( .,.. -. l. the parties with respect to the subject matter of this Lease. All prior agreements, understandings, representations and/or promises made or entered into by the parties hereto are superseded by and replaced with this Lease, so that this Lease is the sole agreement between the parties. The provisions of this Lease may not be modified or amended, except by an instrument in writing and signed by both parties hereto. 46. Binding Effect; Usage. This Lease shall be binding upon and inure to the benefit of Landlord, its successors and assigns, and Tenant, its successors and, to the extent assignment is permitted under the provisions hereof, Tenant's assigns. The word ''Tenant" shall be deemed and taken to mean each and evezy person or party mentioned as a Tenant herein, be the same one or more; and if there shall be more than one Tenant, any notice required or permitted by the terms of this Lease may be given by or to any one thereof, and shall have the same force and effect as if given or to all thereof. If more than one party has executed this Lease as "Tenant," the liability of each party hereunder is joint and several. The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a limited liability company, a firm, a corporation, or a group of 2 or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant and to either corporations, associations, partnerships, or individuals. males or females, shall in all instances be assumed as though in each case fully expressed. 47. Statutory Notice Requirement. Tenant hereby acknowledges receipt of the following notice as required by Chapter 88-285, Laws of Florida: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 48. Waiver of Trial by Juiy. IT IS MUTUALLY AGREED BY AND BETWEEN LANDLORD AND TENANT THAT THE RESPECTIVE PARTIES HERETO SHALL AND THEY DO HEREBY WANE THEIR RESPECTNE RIGHT TO A TRIAL BY JURY rN ANY ACTION, PROCEEDrNG, OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE. THE RELATIONSHIP OF LANDLORD AND TENANT. AND TENANT'S USE OR OCCUPANCY OF THE PREMISES, WHETHER SUCH CLAIM IS IN CONTRACT, TORT OR OTHERWISE. TENANT FURTHER AGREES THAT IT SHALL NOT INTERPOSE ANY COUNTERCLAIM OR COUNTERCLAIMS fN A SUMMARY PROCEEDING. 49. Financial Statements. Tenant shall furnish Landlord, within 15 business days after Landlord's request therefor, an updated, current financial statement of Tenant and any guarantors of this Lease. Unless: (i) Landlord has reason to believe there has been a material reduction in the financial worth of any of such parties; or (ii) requested by any Mortgagee, other current or proposed lender, investor or purchaser of Landlord or the Parking Facility, such financial statement(s) shall not be required to be furnished more than once each calendar year. 50. Representations; Authority. (a) Tenant represents and warrants that: (i) there are no proceedings pending or, to the knowledge of Tenant, threatened before any court or administrative agency that would materially adversely affect the ability of Tenant to enter into this Lease or the validity or enforceability of this Lease; (ii) there is no provision of any existing mortgage, indenture, contract or agreement binding on Tenant which would conflict with or in any way prevent the execution, delivery or performance of the terms of this Lease; (iii) if Tenant is a corporation, partnership (general or limited), limited liability company, or other entity, then the person executing this Lease on behalf of Tenant has been duly authorized to execute this Lease on behalf of Tenant by the appropriate officers, directors, shareholders, partners (general or limited) members, managers, 24 291 principals or other persons or entities; (iv) Tenant is in good standing, qualified to do business in the State of Florida; and (v) Tenant has full right, power and lawful authority to execute, deliver and perfonn its obligations under this Lease, in the manner and upon the tenns contained herein, and to grant the estate herein demised, with no other person needing to join in the execution hereof in order for this Lease to be binding on Tenant. (b) Landlord represents to Tenant that to Landlord's actual knowledge and belief Landlord has fuH right, power and lawful authority to execute, deliver and perform its obligations under this Lease, in the manner and upon the terms contained herein, and to grant the estate herein demised, with no other person needing to join in the execution hereof in order for this Lease to be binding on Landlord. S 1. Bankruptcy. Landlord and Tenant understand that, notwithstanding certain provisions to the contrary contained herein, a trustee or debtor in possession under the Bankruptcy Code may have certain rights to assume or assign this Lease. Landlord and Tenant further understand that, in any event, Landlord is entitled under the Bankruptcy Code to adequate assurances of future performance of the provisions of this Lease. The parties agree that, with respect to any such assumption or assignment, the term "adequate assurance" shall include at least the following: {a) In order to assure Landlord that the proposed assignees will have the resources with which to pay all Base Rent and any Additional Rent payable pursuant to the provisions of this Lease, any proposed assignee must have, as demonstrated to Landlord's satisfaction, a net worth (as defined in accordance with generaJly accepted accounting principles consistently applied) of not less than the net worth of Tenant or any guarantor (whichever is greater) on the date this Lease became effective, increased by 7%, compounded annually. for each year from the Rent Commencement Date through the date of the proposed assignment. It is understood and agreed that the financial condition and resources of Tenant were a material inducement to Landlord in entering into this Lease. (b) Any proposed assignee must have been engaged in the conduct of business for the year prior to any such proposed assignment, which business does not violate the Permitted Uses, and such proposed assignee shall corrtinue to engage in the Permitted Use and will not cause Landlord to be in violation or breach of any provision in any other lease, financing agreement. operating agreement or other agreement relating to the Parking Facility. It is understood and agreed that Landlord's asset will be substantially impaired if the trustee in bankruptcy or any assignee of this Lease makes any use of the Premises other than the Permitted Use. (c) Any proposed assignee of this Lease must assume and agree to be personally bound by the provisions of this Lease. 52. No Partnership. Nothing contained herein, nor any actions of the parties hereto shall be deemed or construed to create the relationship of principal and agent, partnership, joint venture, or any relationship between Landlord and Tenant other than that of landlord and tenant, it being understood and agreed that neither any other provision contained in this Lease nor any acts of Landlord or Tenant shall be deemed to create any relationship between the Landlord and Tenant other than that of landlord and tenant nor cause either Landlord or Tenant to be responsible in any way for the acts, debts or obligations of the other. 53. Third Party Rights. The parties hereto do not intend to grant directly, indirectly or by implication or by any other means any third party beneficiary rights to any persons or entities. 54. Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Lease shall mean and refer to ca]endar days. 55. Counterparts. This Lease may be executed in multiple counterparts, all of which together shall constitute one and the same original instrument. A facsimile or a PDF signature shall be deemed for all purposes to be an original. 25 292 56. Puh]ic Filings. In the event Tenant is required to file this Lease with the Securities and Exchange Commission ("SEC"). Tenant agrees it shall, if permitted by relevant legal requirements, file a confidential treatment request ("CTR") with the SEC, and shall use reasonable efforts to have the SEC grant the CT~ concerning the Rent and such other provisions as Landlord deems reasonably confidential. Promptly upon request, Tenant shall send to Landlord an electronic copy of this Lease with all appropriate terms and provisions of this Lease redacted. The out of pocket costs of preparing and filing the CTR shall be paid by Tenant. 57. Survival. Anything contained in this Lease to the contrary notwithstanding, the expiration or termination of the Tenn of this Lease, whether by lapse of time or otherwise, shall not relieve Tenant from Tenant's obligations accruing prior to the expiration or termination of the Term, all of which shall survive the same, whether or not same is expressJy stated in the particular Section of this Lease, including, without limitation, Tenant's obligations with respect to: (a) the payment of Rent; (b) any provisions of this Lease with respect to indemnities of Landlord made by Tenant; and (c) the removal of all property of Tenant required to be removed hereunder and the repair of all damage to the Premises caused by such removal at the expiration or termination of this Lease to the extent required hereunder. 58. Ground Lease. Tenant acknowledges and agrees that the provisions of this Lease and Tenant's rights hereunder are in all events subject to the terms and provisions of that certain Agreement of Lease (as previously or hereafter amended, the "Ground Lease") with respect to the property by and between the City of Miami Beach and Landlord dated September 1, 1999, and Tenant agrees to comply with all restrictions applicable to Tenant and Tenant's use and occupancy of the Premises and the property contained therein. 59. Rules and Regulations. Notwithstanding anything in this Lease or the Exhibits thereto to the contrary, Landlord shall retain all rights to establish, modify and enforce reasonable Rules and Regulations so long as said rules and regulations are applied equally to all tenants so similarly situated. 60. Operation. Tenant shall keep the Premises open for business and shaH diligently operate the business conducted therein during the Operating Hours. Tenant shall conduct Tenant's business at all times in a first-class. high-grade manner consistent with reputable business standards and practices. Tenant shall keep the Premises adequately stocked with new merchandise in first-class condition. Tenant shall not use any portion of the Premises for storage or other purposes except as customary in connection with the use for which the Premises are leased. Tenant shall have the right to temporari1y close the Premises, in one or more instance (but not to exceed 90 days in the aggregate during any trailing S-year period or 30 days in any calendar year and no longer than 30 days in any one instance) over the Lease Term, for the purpose of taking inventory, training employees, perfonning permitted alterations, decorating and repairs, and for any other bona fide business purpose; provided if such closure shall exceed two (2) business days, Tenant shaJI provide prior written notice to Landlord. Tenant may request from Landlord additional periods in which it may be temporarily closed and Landlord may consent to such additional closure periods in its sole and absolute discretion. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 26 293 r· i IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease in multiple original counterparts as of the day and year first above written. Witnesses as to Landlord: Print Name®rleie Gi@'"& Witnesses as to Tenant: LANDLORD: 1691 MICWGAN A VE INVESTMENT LP, a Delaware limited partnership By: 1691 Michigan Ave Investment GP LLC, a Delaware limited liability company, its general :~<I~ Name:~~""-. Title: 1"fu: 0J: ~~:~;!~ T1tle:__ll1~ e - TENANT: . . . .. . . .. • l!li • • • • • CITY MIDDLE, LLC, a Florida limited liability company 27 294 ( EXHIBIT"A" FLOOR PLAN OF PREMISES [ATIACHED] (Sketches, cross-hatching, dimensions and area calculations are for illustrative purposes only and are not intended to detail the actual physical boundaries, dimensions or square footage of the Premises.) 295 I I I I ~ ~. ~ J; 296 / / [ EXHIBIT"B» CONSTRUCTION OF IMPROVEMENTS l. Tenant, at its sole cost and expense, shall perfonn, or cause to be performed. at Tenant's sole cost and expense, all work ( .. Tenant's Improvements") related to the initial construction of the Premises as provided for in the applicable Final Plans (as defined in Section 2(d) hereof). 2. Within thirty (30) days after the expiration of the Initial Evaluation Period (defined in the Lease), Tenant shall submit the following information and items to Landlord for Landlord's review and approval: (a) The scheduled commencement date of construction of such work, milestone dates and the estimated date of completion of construction. (b) The names and addresses of Tenant's contractors (and said contractor's subcontractors) and materialmen to be engaged by Tenant for such work (individually, a "Tenant Contractor", and collectively ... Tenant's Contractors"). (c) Payment and performance bonds for Tenant's general contractor naming Landlord (or an agent. designee or representative appointed by Landlord's written notice to Tenant given prior to Tenant's procurement of said bonds) as a dual obligee. (d) The Plans (as hereinafter defined) for such work, which Plans shall be subject to Landlord's approval in accordance with this Section 2(d). Tenant will update such information and items by notice to Landlord of any changes. As used herein the term "Fina[ Plans" shalI mean any Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the tenn .. Plans" shall mean the full and detailed architectural and engineering plans and specifications covering Tenant's Improvements, including, without limitation, landscape plans, exterior improvements plans, building elevations, and architectural, mechanical and electrical working drawings for the construction of the Premises. Any Plans shall be subject to Landlord's approval and the approval of all local governmental authorities requiring approval of Tenant's Improvements. Landlord shall give its approval or disapproval (giving reasons in case of disapproval) of any Plans within thirty (30) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans. If Landlord notifies Tenant that changes are required to the Plans submitted by Tenant, Tenant shall, within five (5) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and Tenant's Improvements shall be changed, all at Tenant's cost and expense. to incorporate any work required by any governmental authority. Landlord's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable Jaws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Final Plans will comply with all applicable law (or with the interpretations thereof) or satisfy Tenant's objectives and needs. No approval of any Plans or any other approval by Landlord or consent by Landlord shall in any way be deemed to be an agreement or certification by Landlord that the contemplated work complies with any legal requirements or insurance requirements, or the certificate of occupancy for the Parking Facility, nor shall any such consent or approval be deemed to be a waiver by Landlord of any of the provisions of the Lease. 297 No Tenant's Improvements shall be undertaken or commenced by Tenant in the Premises until (i) Tenant has delivered, and Landlord has approved, the Plans and (ii) all necessary Approvals have been obtained by Tenant. 3. In the event Tenant, for any reason, fails to complete Tenant's Improvements on or before the Commencement Date, Tenant shall be responsible for all rental and alJ other obligations set forth in the Lease from and after the Commencement Date regardless of the degree of completion of Tenant's Improvements on such date, and no such delay in completion of Tenant's Improvements shall relieve Tenant of any of its obligations under the Lease. 4. All changes to the Final Plans must be approved by Landlord in advance of the implementation of such changes as part of Tenant's Improvements. All delays caused by Tenant-initiated change orders, including, without limitation, any stoppage of work during the change order review process, are solely the responsibility of Tenant and shall cause no delay in the Commencement Date or the rental and other obligations set forth in the Lease. 5. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Section 5, except as the same may be modified in the Final Plans. (a) All design and construction of Tenant> s Improvements shaJI comply with aU applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, requirements of Landlord's fire insurance underwriters. (b) Tenant shall obtain all required building permits and occupancy permits. (c) Tenant shall use only new, first-class materials in perfonning Tenant's Improvements. All Tenant's Improvements shall be done in a good and workmanlike manner. (d) Tenant and Tenant's Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by Tenant's Improvements and to properly police same. Construction equipment and materials are to be kept within the Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall direct so as not to burden the operation of the Parking Facility. Landlord may require that Tenant employ dust mitigation and other measures during any construction in the Premises, and Tenant shall employ such measures at its cost and expense. (e) Tenant shall permit access to the Premises, and Tenant's Improvements shall be subject to inspection, by Landlord and Landlord's architects, engineers, contractors and other representatives, at all times during the period in which Tenant's lmprovements are being constructed and installed and following completion of Tenant's [mprovements. (f) Tenant shall furnish to Landlord "as-built" drawings of Tenant's Improvements within thirty (30) days after completion of Tenant's Improvements. 6. In addition to any insurance which may be required under the Lease, Tenant shall cause Tenant's general contractor to secure, pay for and maintain during the continuance of construction and fixturing work within the Parking Facility or Premises, insurance having the following minimum coverages and minimum limits of liability: (a) Worker's Compensation and Employer's Liability Insurance with limits of not less than $500,000.00, or such higher amounts as may be required from time to time by any Employee Benefit Acts 298 :~· i. or other statutes applicable where Tenant's Improvements is to be performed, and in any event sufficient to protect Tenant's general contractor from liability under the aforementioned acts. (b) Commercial General Liability Insurance (occurrence coverage} in an amount not less than $5,000,000.00. Such insurance shall provide for explosion and collapse, completed operations coverage and broad form blanket contractual liability coverage and shall insure Tenant's general contractor against any and all claims for bodily injury, including death resulting therefrom, and damage to the property of others and arising from its operations under the contracts, whether such operations are performed by Tenant's general contractor or by anyone directly or indirectly employed by said general contractor. (c) "Allwrisk" builder's risk insurance upon Tenant's Improvements to the full insurable value thereof. This insurance shall include the interests of Landlord and Tenant (and their respective contractors and subcontractors of any tier, to the extent of any insurable interest therein) in Tenant's Improvements and shall insure against the perils of fire and extended coverage and shall include "all-risk" builder's risk insurance for physical loss or damage including, without duplication of coverage, theft- vandalism and malicious mischief. All policies (except the worker's compensation policy) shall be endorsed to include as additional insured parties Landlord and its mortgagee. The waiver of subrogation provisions contained in the Lease shall apply to all insurance policies (except the worker's compensation policy) to be obtained pursuant to this Section 6. The insurance policy endorsements shall also provide that all additional insured parties shall be given thirty (30) days prior written notice of any reduction, cancellation or non-renewal of coverage (except that ten (10) days notice shall be sufficient in the case of cancellation for non-payment of premium) and shall provide that the insurance coverage afforded to the additional insured parties thereunder shall be primary to any insurance carried independently by said additional insured parties. Additionally, where applicable, eacb policy shall contain a crosswliability and severability of interest clause. Without limitation of the indemnification provisions contained in the Lease, to the fullest extent permitted by law, Tenant agrees to indemnify, protect, defend and hold harmless Landlord from and against all claims, liabilities, losses, damages and expenses of whatever nature arising out of or in connection with Tenant's Improvements or the entry of Tenant or Tenant's Contractors into the Parking Facility and the Premises, including, without limitation, mechanic's liens, the cost of any repairs to the Premises or Parking Facility necessitated by activities of Tenant or Tenant's Contractors, bodily injury to persons or damage to the property of Tenant, its employees, agents, invitees, licensees or others, except to the extent caused by negligent acts by Landlord, its contractors, architects, partners, employees and agents. It is understood and agreed that the foregoing indemnity shall be in addition to the insurance requirements set forth above and shall not be in discharge of or in substitution for same or any other indemnity or insurance provision of the Lease. The terms of this grammatical paragraph shall survive the expiration or earlier termination of this Lease. 7. Upon completion of Tenant's [mprovements, Tenant shall furnish Landlord with (i) the permanent certificate of occupancy for the Premises (if applicable) and (ii) full and final waivers of liens and contractors' affidavits and statements, in such form as may be required by Landlord, Landlord's title insurance company and Landlord's construction or permanent lender, if any, from all parties performing labor or supplying materials or services in connection with Tenant's Improvements showing that all of said parties have been compensated in full and waiving all liens in connection with the Premises and Parking Facility. 3 299 ( EXHIBIT "C" RULES AND REGULATIONS The following Rules and Regulations, hereby accepted by Tenant, are prescribed by Landlord to enable Landlord to provide, maintain, and operate, to the best of Landlord's ability, orderly, clear and desirable Parking Facility at as economical a cost as reasonably possible and in as efficient a manner as reasonably possible, to assure security for the protection of Tenants so far as reasonably possible, and to regulate conduct in and use of said Parking Facility in such manner as to minimize interference by others in the proper use of same by Tenant. l. Tenant, its officers, agents, servants and employees shall not block or obstruct any of the entries, passages, doors, elevators, elevator doors, hallways or stairways of the Parking Facility, or place, empty or throw any rubbish, litter, trash or material of any nature into such areas, or permit such areas to be used at any time except for ingress or egress of Tenant, its officers, agents, servants, employees, patrons, licensees, customers, visitors or invitees. 2. The movement of furniture, equipment, machines, merchandise or materials within, into or out of the Parking Facility shall be restricted to time, method and routing of movement as determined by Landlord upon request from Tenant and Tenant shall assume all liability and risk to property, Premises and Parking Facility in such movement Tenant shall not move furniture, machines, equipment, merchandise or materials within, into or out of the Premises or Parking Facility without having first obtained written permission from Landlord 24 hours in advance. Safes, large files, electronic data processing equipment and other heavy equipment or machines shall be moved into Premises or Parking Facility only with Landlord's written permission and placed where directed by Landlord. 3. No sign, door plaque, advertisement or notice shall be displayed, painted or affixed by Tenant. its officers. agents, servants, employees, patrons, licensees, customers, visitors. or invitees in or on any part of the outside or inside of the Premises or Parking Facility without prior written consent of Landlord and then only of such color, size, character, style and materials and in such places as shall be approved and designated by Landlord. 4. Landlord will not be responsible for lost or stolen property, equipment, money or any article taken from Premises or Parking Facility regardless of how or when loss occurs, except in the case of gross negligence by Landlord and its agents. 5. No additional locks shall be placed on any door or changes made to existing locks in the Parking Facility without the prior written consent of Landlord. Landlord will furnish 2 keys to each lock on doors in the Premises and Landlord, upon request of Tenant, shall provide additional duplicate keys at Tenant's expense. Landlord may at all times keep a pass key to the Premises. All keys shall be returned to Landlord promptly upon termination of the Lease. 6. Landlord reserves the right to: (i) close the Parking Facility at 6:00 P.M., subject, however, to Tenant's right to admittance under regulations prescribed by Landlord, and to require the persons entering the Parking Facility to identify themselves and establish their right to enter or to leave the Parking Facility; (ii) close all parking areas betvveen the hours of 9:00 P.M. and 7:00 A.M. during week days; and (iii) close all parking areas on weekends and holidays. Provided, however, if requested by Tenant, Landlord will use good faith efforts to allow the Parking Facility to remain open at other hours if allowed by law and if Tenant pays all costs and expenses of keeping the Parking Facility open at other hours. 300 ,r-·-. ( 7. Tenant, its officers, agents, servants and employees shall not permit the operation of any musical or sound producing instruments or device which interferes with the use and occupancy of any other space within the Landlord's property or which may emanate electrical waves which will impair radio, television broadcasting or reception or interfere with the use of computers or telephonic equipment from or in the Parking Facility without Landlord's consent. 8. All contractors and/or technicians performing work for Tenant within the Premises or Parking Facility shaU be referred to Landlord for approval before perfonning such work. This shall apply to all work including, but not limited to, installation of telephones, telegraph equipment, electrical devices and attachments, and all installations affecting floors, walls, windows, doors, ceiling, equipment or any other physical feature of the Premises or the Parking Facility. None of this work shall be done by Tenant without Landlord's prior written approval. 9. No showcases or other articles shall be put in front of or affixed to any part of the exterior of the Parking Facility; nor placed in the halls, corridors or vestibules without the prior written consent of Landlord. I 0. Canvassing. soliciting and peddling in the Parking Facility (including the Parking Facility) is prohibited and each Tenant shall cooperate to prevent the same. Tenant shall not distribute any handbills or other advertising matter in automobiles parked in the Parking Facility. Tenant shall promptly report any such activities to the Manager's office. 11. No hand trucks, except those equipped with rubber tires and side guards, shall be used in any space,. or in the public halls of the Parking Facility, either by any Tenant or by jobbers or others, in the delivery or receipt of merchandise or otherwise. 12. If Tenant must dispose of crates, boxes, etc., which will not fit into office wastepaper baskets, it will be the responsibility of Tenant with Landlord's assistance to dispose of same. In no event shall Tenant set such items in the public hallways or other areas of Parking Facility, excepting Tenant's own Premises, for disposal. 13. Tenants may not bring furniture and equipment into the Premises that does not fit in the elevators for the Parking Facility and that does not pass through the doorways of the Premises or Parking Facility unless such furniture or equipment is made in parts and set up in the Premises. Landlord reserves the right to refuse to allow to be placed in the Parking Facility any furniture or equipment of any description which does not comply with the above conditions. 14. Tenant will be responsible for any damage to the Premises, including carpeting and flooring, caused by rust or corrosion of file cabinets, roller chairs, metal objects or spills of any type of liquid. 15. If the Premises become infested with vennin, Tenant, at its sole cost and expense, shall cause the Premises to be exterminated, to the satisfaction of Landlord, and shall employ exterminators approved by Landlord. I 6. Tenant shall not use the name of the Parking Facility for any purpose other than that of the business address of Tenant or use any letterheads, envelopes, circulars, notices, advertisements, containers or wrapping material without Landlord's express consent in writing. 17. Tenant shall not conduct its business in such manner as to create any nuisance, or interfere with, annoy or disturb any other tenant in the Parking Facility or Landlord in its operation of the 5 301 ,...••-. ( Parking FacilitY or commit waste or suffer or pennit waste to be committed in the Premises or Parking Facility. In addition, Tenant shall not allow its officers, agents, employees, servants, patrons, customers, Jicensees and visitors to conduct themselves in such manner as to create any nuisance or interfere with, annoy or disturb any other tenant in the Parking Facility or Landlord in its operation of the Parking Facility or commit waste or suffer or permit waste to be committed in the Premises or the Parking Facility. 18. Tenant, its officers, agents, servants and employees shall not bring into Premises or Parking Facility any inflammable fluids or explosives without written pennission of Landlord. 19. Tenant, its officers, agents, servants or employees shall not use Premises, or any portion of the Parking Facility for housing, lodging or sleeping purposes without the prior written consent of the Landlord. 20. Tenant, its officers, agents, servants, employees, patrons, licensees, customers, visitors or invitees shall not bring into the Parking Facility or Premises or any other part of the Parking Facility, or keep on the Premises any fish, fowl, reptile, insect, or animal. 21. Tenant shall not have its employees or laborers paid in the Parking Facility {other than employees who work in the Parking Facility on a full time basis), but shail arrange to pay their payrolls elsewhere. 6 302 MIAMI BEACH PLANNING DEPARTMENT DESIGN REVIEW BOARD STAFF REPORT FROM: Richard G. Lorber, AICP, LEED AP Acting Planning Director DATE: March 5, 2013 Meeting RE: Design Review File No. 22941 1691 Michigan Avenue -The Putting Club The applicant, City Middle, LLC., is requesting Design Review Approval for modifications to an existing 6-story parking garage, including the construction of several single story roof-top structures, which include a bar, kitchen, and restrooms, as part of a new miniature golf course facility. LEGAL DESCRIPTION: Lots 7-10, and Lots 14-20, Block 37, Palm View Subdivision of the Alton Beach Realty Company, according to the Plat Thereof, as recorded in Plat Book 6 at Page 29, of the Public Records of Miami-Dade County, Florida. HISTORY: The application came before the Board on February 5, 2013, and was continued to a date certain of March 5, 2013, at the request of the applicant. SITE DATA: Zoning - Future Land Use Designation- Lot Size- Existing FAR- Proposed FAR- THE PROJECT: CD-3 (Commercial, High Intensity) CD-3 (Commercial, High Intensity) 76,500 S.F. 210,292 S.F. / 2.75 210,375 S.F / 2.75 (Max FAR= 2.75) The applicant has submitted plans entitled "The Putting Club", as prepared Berenblum Busch Architecture, dated 12-6-2012. The applicant is proposing to construct a new miniature golf course facility on the roof top of an existing parking garage. Approximately one-half of the existing roof-top parking decks will be converted from parking to a landscaped miniature golf course. The course, along with the added roof-top buildings, including a reception area, storage, restrooms, office, and bar are all located on the southern half of the garage structure. Parking will remain on the northern one-half of the garage at the roof-top level, separated from the golf course facility with a new wall comprised of open breeze block. It should also be noted that the northern part of the garage ramps upward from the level of the proposed golf course facility, and the existing office building located to the Exhibit "2" 303 Page 2of11 ORB File: 22941 Meeting Date: March 5, 2013 northwest of the parking garage and proposed golf course is a full story higher than the proposed facility. Elevator access to the roof-top facility is provided at the southeast comer of the building. COMPLIANCE WITH ZONING CODE: The application, as proposed, may be inconsistent with the following requirements of the City Code. 1. All signage will have to comply with the requirements of the City Code, which may require modification of the proposed signage. 2. If the occupant load exceeds 300, Conditional Use review and approval from the Planning Board will be required for a neighborhood impact establishment. The calculations provided by the applicant will require review and final verification by the Building Department. 3. The F.A.R. and parking analysis provided requires further verification to ensure compliance with the requirements of the City Code. This shall not be considered final zoning review or approval. All zoning matters shall require final review and verification by the Zoning Administrator. CONCURRENCY DETERMINATION: In accordance with Chapter 122 of the Code of the City of Miami Beach, the Transportation and Concurrency Management Division has conducted a preliminary concurrency evaluation and determined that the project does not meet the City's concurrency requirements and level-of- service standards. The City's concurrency requirements can be achieved and satisfied through payment of mitigation fees or by entering into an enforceable development agreement with the City. The Transportation and Concurrency Management Division will make the determination of the project's fair-share mitigation cost. A final concurrency determination shall be conducted prior to the issuance of a Building Permit. Mitigation fees and concurrency administrative costs shall be paid prior to the project receiving any Building Permit. Without exception, all concurrency fees shall be paid prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy. ACCESSIBILITY COMPLIANCE Additional information will be required for a complete review for compliance with the Florida Building Code 2001 Edition, Section 11 (Florida Accessibility Code for Building Construction.) These and all accessibility matters shall require final review and verification by the Building Department prior to the issuance of a Building Permit. COMPLIANCE WITH DESIGN REVIEW CRITERIA: Design Review encompasses the examination of architectural drawings for consistency with the criteria stated below with regard to the aesthetics, appearances, safety, and function of the structure or proposed structures in relation to the site, adjacent structures and surrounding community. Staff recommends that the following criteria is found to be satisfied, not satisfied or not applicable, as hereto indicated: 304 Page 3of11 ORB File: 22941 Meeting Date: March 5, 2013 1. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, trees, drainage, and waterways. Satisfied 2. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping structures, signs, and lighting and screening devices. Satisfied 3. The dimensions of all buildings, structures. setbacks, parking spaces, floor area ratio, height, lot coverage and any other information that may be reasonably necessary to determine compliance with the requirements of the underlying zoning district, and any applicable overlays, for a particular application or project. Not Satisfied; See Zoning Analysis 4. The color, design, selection of landscape materials and architectural elements of Exterior Building surfaces and primary public interior areas for Developments requiring a Building Permit in areas of the City identified in section 118-252. Satisfied 5. The proposed site plan. and the location, appearance and design of new and existing Buildings and Structures are in conformity with the standards of this Ordinance and other applicable ordinances, architectural and design guidelines as adopted and amended periodically by the Design Review Board and Historic Preservation Boards, and all pertinent master plans. Satisfied 6. The proposed Structure, and/or additions or modifications to an existing structure, indicates a sensitivity to and is compatible with the environment and adjacent Structures, and enhances the appearance of the surrounding properties. Satisfied 7. The design and layout of the proposed site plan, as well as all new and existing buildings shall be reviewed so as to provide an efficient arrangement of land uses. Particular attention shall be given to safety, crime prevention and fire protection, relationship to the surrounding neighborhood, impact on contiguous and adjacent Buildings and lands, pedestrian sight lines and view corridors. Satisfied 8. Pedestrian and vehicular traffic movement within and adjacent to the site shall be reviewed to ensure that clearly defined, segregated pedestrian access to the site and all buildings is provided for and that all parking spaces are usable and are safely and conveniently arranged; pedestrian furniture and bike racks shall be considered. Access to the Site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the Site. Not Applicable 9. Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on public property for security purposes and to minimize glare and reflection on 305 Page 4of11 ORB File: 22941 Meeting Date: March 5, 2013 adjacent properties. Lighting shall be reviewed to assure that it enhances the appearance of structures at night. Satisfied 10. Landscape and paving materials shall be reviewed to ensure an adequate relationship with and enhancement of the overall Site Plan design. Satisfied 11. Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from structures are adequately shielded from public view, adjacent properties and pedestrian areas. Not Applicable 12. The proposed structure has an orientation and massing which is sensitive to and compatible with the building site and surrounding area and which creates or maintains important view corridor(s). Satisfied 13. The building has, where feasible, space in that part of the ground floor fronting a street or streets which is to be occupied for residential or commercial uses; likewise, the upper floors of the pedestal portion of the proposed building fronting a street, or streets shall have residential or commercial spaces, shall have the appearance of being a residential or commercial space or shall have an architectural treatment which shall buffer the appearance of the parking structure from the surrounding area and is integrated with the overall appearance of the project. Satisfied 14. The building shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical equipment, stairs and elevator towers. Satisfied 15. An addition on a building site shall be designed, sited and massed in a manner which is sensitive to and compatible with the existing improvement(s). Satisfied 16. All portions of a project fronting a street or sidewalk shall incorporate an architecturally appropriate amount of transparency at the first level in order to achieve pedestrian compatibility and adequate visual interest. Satisfied 17. The location, design, screening and buffering of all required service bays, delivery bays, trash and refuse receptacles, as well as trash rooms shall be arranged so as to have a minimal impact on adjacent properties. Satisfied STAFF ANALYSIS: The applicant is proposing to construct a new miniature golf course facility on the roof top of an existing parking garage. Approximately one-half of the existing roof-top parking deck will be converted from parking to a landscaped miniature golf course. The course, along with the added roof-top buildings, including a reception area, storage, restrooms, office, and bar are all located on the southern half of the garage structure. Parking will remain on the northern one-half of the 306 Page 5of11 ORB File: 22941 Meeting Date: March 5, 2013 garage at the roof-top level, separated from the golf course facility with a new wall comprised of open breeze block. It should also be noted that the northern part of the garage ramps upward from the level of the proposed golf course facility, and the existing office building located to the northwest of the parking garage and proposed golf course is a full story higher than the proposed facility. Staff is supportive with the concept of converting a harsh roof-top parking deck into a well- landscaped outdoor miniature golf course facility, and has no concerns with the proposed design, pending the final assurance that all life-safety and noise issues can be fully addressed. Staff has discussed concerns such as errant golf balls flying off the roof, and the applicant has made assurances thatthe course has been designed to direct balls inward. Such consideration is important as staff would not recommend in favor of safety netting surrounding the roof-top due to its adverse aesthetic impact. Regarding possible noise issues, the applicant has submitted an acoustic study, prepared by The Audio Bug, Inc., dated December 29, 2012. Staff also engaged Edward Dugger & Associates, P.A., to perform the peer review of the acoustic study, dated January 23, 2013, in accordance with the requirements of the City Code. The Audio Bug responded to the peer review, "Sound Study Peer Review Response", dated January 24, 2013. On February 2, 2013, Edward Dugger further responded, indicating that the response of the Audio Bug was appropriate. As indicated in the acoustic study prepared by The Audio Bug, the closest residential building {Jeffersonian Condos) to the proposed project is located to the north of the proposed facility, and has the potential to be most affected by the subject application. However, it is also noted that the roof-top of the facility is located two floors higher and also separated by a nine-foot wall, as well as by approximately 150 feet. The residential area located on the north side of 17tri Street is located approximately 400 feet from the facility, and the study concludes that based on analysis of the report, that the proposed use will have no negative impact on the surrounding residential uses. The peer review has raised some minor issues with the initial study, which staff believes have been addressed with the subsequent response provided by The Audio Bug. It is also important to note that staff is recommending numerous operational and noise conditions in order to ensure that any possible negative impact from noise on the surrounding neighborhood is fully addressed. In particular, staff is recommending that the applicant return to the Board within 60 days of receiving a TCO {Temporary Certificate of Use) for the project, in order to ensure it is operating in accordance with the conditions required by the Board. Further, the Planning Director and/or the Board also have the right to call the owners and/or operators back to the Board to amend the conditions of operation, which include amending the hours of operation if such modification is warranted. Finally, while generally pleased with the concept of the rooftop miniature golf course, staff still has some concerns relative to the required depths of all planting beds as well as the potential for noise which could be generated by large groups gathered on the roof deck, however, staff has recommended conditions of approval which should address those matters. RECOMMENDATION: In view of the foregoing analysis, staff recommends the application be approved, subject to the following conditions, which address the inconsistencies with the aforementioned Design Review criteria: 307 Page 6of11 ORB File: 22941 Meeting Date: March 5, 2013 1. Revised elevation, site plan and floor plan drawings shall be submitted to and approved by staff; at a minimum, such drawings shall incorporate the following: a. The final design and detailing for the increased parapet and railing heights surrounding the roof-top shall be provided, in a manner to be reviewed and approved by staff. b. The proposed wall between the golf course facility and the existing parking shall be an architecturally articulated solid wall, in order to help mitigate the transfer of noise northward, subject to the review and approval of staff. c. With the exception of doors required for ingress and egress, the storefront system surrounding the bar shall be comprised of fixed glazing, subject to the review and approval of staff. d. Sound attenuating design elements shall be installed throughout the property in order to minimize any spillover of sound to adjacent properties, if necessary, in a manner consistent with the limits and requirements of the City Code, subject to the review and approval of staff. e. All roof-top lighting fixtures shall be designed to preclude light from spilling over to adjacent properties, in a manner to be reviewed and approved by staff. f. All exterior building signage shall be composed of flush mounted, individual letters, and shall require a separate permit. g. The final design and details of the proposed storefront system shall be required, in a manner to be reviewed and approved by staff. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. h. All roof-top fixtures, air-conditioning units and mechanical devices, both existing and proposed, shall be clearly noted on a revised roof plan and shall be screened from view, in a manner to be approved by staff. i. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify, in writing, that the subject project has been constructed in accordance with the plans approved by the Planning Department for Building Permit. 2. A revised landscape plan, prepared by a Professional Landscape Architect, registered in the State of Florida, and corresponding site plan, shall be submitted to and approved by staff. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated and subjectto the review and approval of staff. At a minimum, such plan shall incorporate the following: a. Sufficient depth of soil shall be provided for all proposed roof deck landscaping to ensure the proper health and growth of all landscape materials, in a manner to be reviewed and approved by staff. 308 Page 7of11 ORB File: 22941 Meeting Date: March 5, 2013 b. The final design and details of all exterior fencing shall be provided and shall be subject to the review and approval of staff. c. Bicycle racks shall be provided within the property, or within the adjacent right-of- way, in a manner to be reviewed and approved by staff. d. 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, shall be required. Applicant shall work with staff to develop an irrigation plan that consists primarily of drip irrigation and is most efficient in water use. The applicant shall also explore the use of a storm water collection system as a primary source to satisfy the irrigation requirements for the project, subject to the review and approval of staff. e. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all backflow preventors and all other related devices and fixtures; such fixtures and devices shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of backflow preventors, siamese pipes or other related devices and fixtures, if any, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. f. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers or vault rooms; such transformers and vault rooms, and all other related devices and fixtures, shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of any exterior transformers, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. g. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for the project 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. A traffic mitigation plan, which addresses all roadway Level of Service (LOS) deficiencies relative to the concurrency requirements of the City Code, if required, shall be submitted prior to the issuance of a Building Permit and the final building plans shall meet all other requirements of the Land Development Regulations of the City Code. 5. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 6. The applicant may be required to submit a separate analysis for water and sewer requirements, at the discretion of the Public Works Director, or designee. Based on a preliminary review of the proposed project, the following may be required by the Public Works Department: 309 Page 8of11 ORB File: 22941 Meeting Date: March 5, 2013 a. A traffic and neighborhood impact study shall be conducted as a means to measure a proposed development's impact on transportation and neighborhoods. The study shall address all roadway Level of Service (LOS) deficiencies relative to the concurrency requirements of the City Code, and if required, shall be submitted prior to the issuance of a Building Permit. The final building plans shall meet all other requirements of the Land Development Regulations of the City Code. The developer shall refer to the most recent City of Miami Beach's Traffic and Neighborhood Impact Methodology as issued by the Public Works Department. b. Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable. Unless otherwise specified, the standard color for city sidewalks is red, and the standard curb and gutter color is gray. c. Mill/resurface asphalt in rear alley along property, if applicable. d. Provide underground utility service connections and on-site transformer location, if necessary. e. Provide back-flow prevention devices on all water services. f. Provide on-site, self-contained storm water drainage for the proposed development. g. Meet water/sewer concurrency requirements including a hydraulic water model analysis and gravity sewer system capacity analysis as determined by the Department and the required upgrades to water and sewer mains servicing this project. h. Payment of City utility impact fees for water meters/services. i. Provide flood barrier ramps to underground parking or minimum slab elevation ta be at highest adjacent crown road elevation plus 8". j. Right-of-way permit must be obtained from Public Works. k. All right-of-way encroachments must be removed. I. All planting/landscaping in the public right-of-way must be approved by the Public Works and Parks Departments. 7. 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. 8. The Applicant agrees to the following operational conditions for all permitted uses and shall bind itself, lessees, permittees, concessionaires, renters, guests, users, and successors and assigns and all successors in interest in whole or in part to comply with the following operational and noise attenuation requirements and/or limitations. The applicant shall ensure through appropriate contracts, assignments and management 310 Page 9of11 ORB File: 22941 Meeting Date: March 5, 2013 rules that these restrictions are enforced and the applicant agrees to include the rules and regulations set forth in these conditions in any contract or assignment. a. OPERATIONAL CONDITIONS i. The Noise and Operational Conditions below are issued to the Applicant City Middle, LLC ("Operator'') as tenant and operator of the proposed miniature golf course facility on the property. Any change of the operator shall require review and approval by the Design Review Board as a modification of this approval. Subsequent operators shall be required to appear before the Board, within ninety (90) days of change of operator to affirm their understanding of the conditions listed herein. The Board reserves the right to determine the timing and need for future progress reports for the new operator. ii. Within ninety (60) days of the issuance of the TCO or CO for the project, the Operator shall make a progress report to the Design Review Board. The Board reserves the right to modify the conditions of this approval at the time of a progress report in a non-substantive manner, to impose additional conditions to address possible problems and to determine the timing and need for future progress reports. iii. The patron hours of operations shall be as follows: Sunday -Thursday: 11 :00 a.m. -Midnight Friday-Saturday: 10:00 a.m. -1 :DO a.m. Staff clean up shall cease within one hour after these times. iv. All trash containers shall utilize inflated or other noise mitigating rubber wheels, or the path for the trash containers shall consist of a surface finish that reduces noise, in a manner to be reviewed and approved by staff. v. Adequate trash room space, air conditioned and noise baffled, shall be provided, in a manner to be approved by the Planning and Public Works Departments. Doors shall remain closed and secured when not in active use. vi. Trash room(s)/garbage room(s) shall be large enough, or sufficient in number to accommodate enough dumpsters so that no more than one pick up of garbage per day will be necessary. vii. Garbage dumpster covers shall be closed at all times except when in active use. viii. Garbage pickups and service deliveries shall not take place between 7PM and SAM. ix. Outdoor cooking anywhere on the premises is prohibited. Kitchen and other cooking odors will be contained within the premises. All kitchens 311 Page 10of11 ORB File: 22941 Meeting Date: March 5, 2013 and other venting shall be chased to the roof and venting systems shall be employed as necessary to minimize or dissipate smoke, fumes and odors. x. Equipment and supplies shall not be stored in areas visible from streets, alleys or nearby buildings. xi. The Operator shall be responsible for maintaining the areas adjacent to the facility near the public entrances, such as the sidewalks, curb and gutter on Jefferson Avenue, keeping these areas in a clean condition, free of all refuse, at all times. xii. Applicant agrees to hire a security guard from 5:00 PM to closing, seven days a week, for a period of 6 months beginning with the issuance of the certificate of occupancy or certificate of completion. At the end of the 6 months, the applicant may return to the Board for a progress report, at which time the Board shall determine the need for any continued security guard and the necessity and timing of subsequent reports. b. NOISE CONDITIONS i. No outdoor bar counters shall be permitted on the premises. ii. The Design Review Board (ORB) or the Planning Director shall retain the right to call the owners and/or operators back before the ORB, at the expense of the owners and/ or operators, to impose and/or modify the hours of operation, or amend or impose other conditions, should there be a valid violation (as determined by Code Compliance) about loud, excessive, unnecessary, or unusual noise or other conditions of this approval. An adverse adjudication of a violation against the owner or operator is not necessary for the board to have jurisdiction over the matter under this condition. This condition vests jurisdiction independent of any other condition hereof. iii. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach, Florida (a/k/a "noise ordinance"), as amended, shall be deemed a violation of this approval and subject the approval to modification in accordance with the procedures for modification of prior approvals as provided for in the Code, and subject the applicant to the review provided for in the first sentence of this subparagraph. iv. Small, ground level speakers, not capable of bass, within the landscape areas, may be permitted, but only for ambient, back ground music, which does not interfere with normal conversation, and shall cease after the patron hours of operation. v. The installation plan for the sound system, including the location of all the speakers and sound system controls shall be consistent with the recommendations contained within the sound study report prepared by The Audio Bug, Inc., subject to the review and approval of staff. vi. All music played at the establishment, both inside and outside, shall be limited to ambient, background music. 312 Page 11of11 ORB File: 22941 Meeting Date: March 5, 2013 vii. The installation plan for the sound system, including the location of all the speakers and sound system controls shall be submitted to staff for review and approval prior to obtaining a building permit. viii. No outdoor live music shall be permitted at any time, inclusive of percussion, musical instrument, or vocal. ix. No DJ shall be permitted inside or outside the establishment. x. The miniature golf courses' rules and practices shall prohibit visitors, invitees, and others using the facilities or otherwise on the premises, from operating audio amplification equipment, inclusive of loudspeakers, radio receivers, television sets, musical instruments, or other machines or devices for the production or reproduction of sound. xi. Entertainment establishments, as well as dance halls, as defined in the Miami Beach City Code, shall be prohibited, and the applicant will not seek permits therefore. xii. Special events pursuant to the Miami Beach City Code may not be held on the premises and the applicant agrees that it will not seek or authorize applications for such permits. 9. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. 1 D. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC) may be applied for; the staging and scheduling of the construction on site shall take this into account. All work on site must be completed in accordance with the plans approved herein, as well as any modifications approved or required by the Building, Fire, Planning, CIP and Public Works Departments, inclusive of all conditions imposed herein, and by other Development Review Boards, and any modifications required pursuant to field inspections, prior to the issuance of a CO or CC. This shall not prohibit the issuance of a Partial or Temporary CO, or a Partial or Temporary CC. 11. The Final Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. 12. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. 13. 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. RGL:TRM:MAB F:\PLAN\$DRB\DRB13\MarDRB13\22941.Mar13.docx 313 DESIGN REVIEW BOARD City of Miami Beach, Florida MEETING DATE: March 5, 2013 FILE NO: 22941 PROPERTY: 1691 Michigan Avenue LEGAL: Lots 7-10, and Lots 14-20, Block 37, Palm View Subdivision of the Alton Beach Realty Company, according to the Plat Thereof, as recorded in Plat Book 6 at Page 29, of the Public Records of Miami-Dade County, Florida. IN RE: The Application for Design Review Approval for modifications to an existing 6-story parking garage, including the construction of several single story roof-top structures, which include a bar, kitchen, and restrooms, as part of a new miniature golf course facility. ORDER The applicant, City Middle, LLC, filed an application with the City of Miami Beach Planning Department for Design Review Approval. The City of Miami Beach Design Review Board makes the followlng 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. 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 not consistent with Design Review Criteria No. 3 in Section 118-251 of the Miami Beach Code. 8. The project would be consistent with the criteria and requirements of section 118~251 if the following conditions are mef: 1. Revised elevation, site plan and floor plan drawings shall be submitted to and approved by staff; at a minimum, such drawings shall incorporate the following: EXHIBIT 2 314 Page 2 of 9 Meeting Date: March 5, 2013 DRB File No. 22945 a. The final design and detailing for the increased parapet and railing heights surrounding the roof-top shall be provided, in a manner to be reviewed and approved by staff. b. The proposed wall between the golf course facility and the existing parking shall be an architecturally articulated solid wall, in order to help mitigate the transfer of noise northward, subject to the review and approval of staff. c. With the exception of doors required for ingress and egress, the storefront system surrounding the bar shall be comprised of fixed glazing, subject to the review and approval of staff. d. Sound attenuating design elements shall be installed throughout the property In order to minimize any spillover of sound to adjacent properties, if necessary, in a manner consistent with the limits and requirements of the City Code, subject to the review and approval of staff. e. All roof-top lighting fixtures shall be designed to preclude light from spilling over to adjacent properties, In a manner to be reviewed and approved by staff. f. All exterior building signage shall be composed of flush mounted, Individual letters, and shall require a separate permit. g. The final design end details of the proposed storefront system shall be required, in a manner to be reviewed and approved by staff. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. h. All roof-top fixtures, air-conditioning units and mechanical devices proposed, shall be clearly noted on a revised roof plan and shall be screened from view with noise attenuating materials, in a manner to be approved by staff. i. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify, in writing, that the subject project has been constructed In accordance with the plans approved by the Planning Department for Building Permit. 2. A revised landscape plan, prepared by a Professional Landscape Architect, registered in the State of Florida, and corresponding site plan, shall be submitted to and approved by staff. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated and subject to the review and approval of staff. At a minimum, such plan shall incorporate the following: a. Any unhealthy or missing landscape material within the existing planters surrounding the perimeter of the garage shall be replaced prior to the issuance of a Temporary Certificate of Occupancy {TCO) or Certificate of Occupancy (CO), for the proposed miniature golf facility. 315 Page 3 of 9 Meeting Date: March 5, 2013 ORB File No. 22945 b. Sufficient depth of soil shall be provided for all proposed roof deck landscaping to ensure the proper health and growth of all landscape materials, in a manner to be reviewed and approved by staff. c. The final design and details of all exterior fencing shall be provided and shall be subject to the review and approval of staff. d. Bicycle racks shall be provided within the property, or within the adjacent right~of~way, in a manner to be reviewed and approved by staff. e. 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, shall be required. Applicant shall work with staff to develop an irrigation plan that consists primarily of drip irrigation and is most efficient in water use. The applicant shall also explore the use of a storm water collection system as a primary source to satisfy the Irrigation requirements for the project, subject to the review and approval of staff. f. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all backflow preventors and all other related devices and fixtures; such fixtures and devices shall not be-permitted within any required yard or any area fronting a street or sidewalk. The location of backflow preventors, siamese pipes or other related devices and fixtures, if any, and how they are screened with landscape material from the right- of-way, shall be clearly Indicated on the site and landscape plans and shall be subject to the review and approval of staff. g. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers or vault rooms; such transformers and vault rooms, and all other related devices and fixtures, shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of any exterior transformers, and how they are screened with landscape material from the right-of-way, shalt be clearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. h. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for the project 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. A trf!ffiC mitigation plan, which addresses all roadway Level of Service (LOS) deficiencies relative to the concurrency requirements of the City Code, if required, shall be submitted prior to the issuance of a Building Permit and the final building plans shall meet all other requirements of the Land Development Regulations of the City Code. 5. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 316 Page 4of9 Meeting Date: March 5, 2013 DRS File No. 22945 6. The applicant may be required to submit a separate analysis for water and sewer requirements, at the discretion of the Public Works Director, or designee. Based on a preliminary review of the proposed project, the following may be required by the Public Works Department: a. A traffic and neighborhood impact study shall be conducted as a means to measure a proposed development's impact on transportation and neighborhoods. The study shall address all roadway Level of Service (LOS) deficiencies relative to the concurrency requirements of the City Code, and if required, shall be submitted prior to the issuance of a Building Permit. The final building plans shall meet" all other requirements of the Land Development Regulations of the City Code. The developer shall refer to the most recent City of Miami Beach's Traffic and Neighborhood Impact Methodology as Issued by the Public Works Department. b. Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable. Unless otherwise specified, the standard color for city sidewalks Is red, and the standard curb and gutter color Is gray. c. Mill/resurface asphalt in rear alley along property, if applicable. d. Provide underground utility service connections and on-site transformer location, If necessary. e. Provide back-flow prevention devices on all water services. f. Provide on-site, self-contained storm water drainage for the proposed development. g. Meet water/sewer concurrency requirements including a hydraulic water model analysis and gravity sewer system .capacity analysis as determined by the Department and the required upgrades to water and sewer mains servicing this project. h. Payment of City utility impact fees for water meters/services. i. Provide flood barrier ramps to underground parking or minimum slab elevation to be at highest adjacent crown road elevation plus 8". j. Right-of-way permit must be obtained from Public Works. k. All right-of-way encroachments must-be removed. I. All planting/landscaping In the public right-of-way must be approved by the Public Works and Parks Departments. 7. 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. 317 Page 5of9 Meeting Date: March 5, 2013 ORB File No. 22945 8. The Applicant agrees to the following operational condltions for all permitted uses and shall bind itself, lessees, permittees, concessionaires, renters, guests, users, and successors and assigns and all successors in interest In whole or in part to comply with the following operational and noise attenuation requirements and/or limitations. The applicant shall ensure through appropriate contracts, assignments and management rules that these restrictions are enforced and the applicant agrees to Include the rules and regulations set forth in these conditions in any contract or assignment. a. OPERATIONAL CONDITIONS i. The Noise and Operational Conditions below are Issued to the Applicant City Middle, LLC ("Operator'') as tenant and operator of the proposed miniature golf course facility on the property. Any change of the operator shall require review and approval by the Design Review Board as a modification of this approval. Subsequent operators shall be required to appear before the Board, within ninety (90) days of change of operator to affirm their understanding of the conditions listed herein. The Board reserves the right to determine the tlmlng and need for future progress reports for the new operator. ii. Within sixty (60) days of the issuance of the TCO or CO for the project, the Operator shall make a progress report to the Design Review Board. The Board reserves the right to modify the conditions of this approval at the time of a progress report in a non-substantive manner, to impose additional conditions to address possible problems and to determine the timing and need for future progress reports. iii. The patron hours of operations shall be as follows: Sunday -Thursday: 10:00 a.m. -Midnight Friday, Saturday, and one (1) day events associated with a National Holiday: 10:00 a.m. -1:00 a.m. Staff clean-up of the roof-top shall cease within one hour after these times; however transportation of any trash to the ground level trash room shall not take place prior to Sam and shall not occur after normal closing times. iv. After midnight, alcohol shall not be served at outdoor tables unless accompanied by food. v. All trash containers shall utilize inflated tires or other noise mitigating rubber wheels, or the path for the trash containers shall consist of a surface finish that reduces noise, in a manner to be reviewed and approved by staff. vi. Adequate trash room space, air conditioned and noise baffled, shall be provided, in a manner to be approved by the Planning 318 Pages of 9 Meeting Date: March 5, 2013 ORB File No. 22945 and Public Works Departments. Doors shall remain closed and secured when not in active use. vii. Trash room{s)/garbage room(s) shall be large enough, or sufficient in number to accommodate enough dumpsters so that no more than one pick up of garbage per day will be necessary. viii. Garbage dumpster covers shall be closed at all times except when in active use. Ix. Garbage pickups and service deliveries shall not take place between ?PM and BAM. x. Outdoor cooking anywhere on the premises is prohibited. Kitchen and other cooking odprs will be contained within the premises. All kitchens and other venting shall be chased to the roof and venting systems shall be employed as necessary to minimize or dissipate smoke, fumes and odors. xi. Equipment and supplies shall not be stored in areas visible from streets, alleys or nearby buildings. xii. The Operator shall be responsible for maintaining the areas adjacent to the faciHty near the public entrances, such as the sidewalks, curb and gutter on Jefferson Avenue, keeping these areas in a clean condition, free of all refuse, at all times. b. NOISE CONDITIONS I. No outdoor bar counters shall be permitted on the premises. ii. The Design Review Board (ORB) or the Planning Director shall retain the right to call the owners and/or operators back before the ORB, at the expense of the owners and/ or operators, to impose and/or modify the hours of operation, or amend or impose other conditions, should there be a valid violation (as determined by Code Compliance) about loud, excessive, unnecessary, or unusual noise or other conditions of this approval. An adverse adjudication of a violation against the owner or operator is ndt necessary for the board to have jurisdiction over the matter under this condition. This condition vests jurisdiction independent of any other condition hereof. iii. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach, Florida (a/k/a "noise ordinance"), as amended, shall be deemed a violation of this approval and subject the approval to modification in accordance with the procedures for modification of prior approvals as provided for in the Code, and subject the applicant to the review provided for in the first sentence of this subparagraph. iv. Small, ground level speakers (as specified in the Sound Report prepared by The Audio Bug, Inc., dated December 29, 2012), within the landscape areas, may be permitted, but only for 319 Page 7 of9 Meetlng Date: March 5, 2013 ORB File No. 22945 ambient, back ground music, which does not interfere with normal conversation, and shall cease after the patron hours of operation. v. The installation plan for the sound system, including the location of all the speakers and sound system controls shall be consistent with the recommendations contained within the sound study report prepared by The Audio Bug, Inc., subject to the review and approval of staff. vi. All music played at the establishment, both inside and outside, shall be limited to ambient, background music. vii. The installation plan for the sound system, including the location of all the speakers and sound system controls shall be submitted to staff for review and approval prior to obtaining a building permit. viii. No outdoor live music shall be permitted at any time, inclusive of percussion, musical instrument, or vocal. ix. No DJ shall be permitted inside or outside the establishment. x. The miniature golf courses' ·rules and pra·ctices shall prohibit visitors, invitees, and others using the facilities or otherwise on the premises, from operating audio amplification equipment, inclusive of loudspeakers, radio receivers, television sets, musical instruments, or other machines or devices for the production or reproduction of sound. xi. Entertainment establishments, as well as dance halls, as defined in the Miami Beach City Code, shall be prohibited, and the applicant will not seek permits therefore. xii. Special Events pursuant to the Miami Beach City Code shall not exceed eight (8) nights per calendar year. 9. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Bullding Permit. 10. At the time of completion of the project, only a Final Certificate of Occupancy (CO} or Final Certificate of Completion (CC) may be applied for; the staging and scheduling of the construction on site shall take this into account. All work on site must be completed in accordance with the plans approved herein, as well as any modifications approved or required by the Building, Fire, Planning, CIP and Public Works Departments, inclusive of all conditions imposed herein, and by other Development Review Boards, and any modifications required pursuant to field inspections, prior to the issuance of a CO or CC. This shall not prohibit the issuance of a Partial or Temporary co, or a Partial or Temporary CC. 11. The Final Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board far 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. 320 Page 8 of 9 Meeting Date: March 5, 2013 ORB File No. 22945 12. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. 13. Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the 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 adopted by the Board, that the Application for Design Review approval is GRANTED for the above-referenced project subject to those certain conditions specified in Paragraph 8 of the Findings of Fact (Cond~ion Nos. 1-13, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Design Review Board, as determined by staff, entitled "The Putting Club", as prepared Berenblum Busch Architecture, dated 12-6-2012, modified In accordance with the conditions set forth in this Order and staff review and approval. 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 Design Review Approval 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 Design Review Approval was granted, the Design Review Approval will expire and become null and void, unless the applicant makes application to the Board for an extension of time, in accordance with the requirements and procedures of Chapter 118 of the City Code; the granting of any such extension of time shall be at the discretion of the Board. At the hearing on any such application, the Board may deny or approve the request and modify the above conditions or impose additional conditions. If the Full Building Permit 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 Design Review Approval will expire and become null and void. In accordance with Section 118-264 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. Dated this C:qth dayof ~c..~ 1 20-"13""--_ 321 STATE OF FLORIDA ) Page 9 of 9 Meeting Date: March 5, 2013 ORB File No. 22945 DESIGN REVIEW BOARD THE CITY OF MIAMI BEACH, FLORIDA BY: J L~;\ ~ ~r TRI+'\ THOMAS R. MOONEY, AICP DESIGN AND PRESERVATION MANAGER FOR THE CHAIR )SS COUNTY OF MIAMI-DADE ) f'/J The forEJQO!t;L~strument was acknowledged before me this &9 aay of e/tJLLZl 2DM 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 t:o-R:ur.---.c......._ "'~;~~·;~•.,._, JUDITH PANTIGOSO . /JJm·· it-\ Notary Public • s1a1e 01 Ftorkla r,. • • ;s My Comm. Expires Jun 15, ~015 -:..:,~·~ .. , , <t.?.l Commlsalon I EE 103632 '"""'"' Bo~decl rtirough National NotatyAHn. Approved As To Form: a; J/,,J Lega1Department: ___ ~""I¥-' ......... -----( ; ... ~?-.,,1..{)/3 ) FiledwiththeClerkoftheDe~on 5-Z.'\-z.or; ( WJ'f\. F:\PLAN\$DRB\DRB13\MerDRB 13\22941.Mer13. FO.docx 322 ' ' I : , I ~ ~ , 10' --+--------- l~;flT / ~ ~~·~~~~~~~~~~ r -,li~· I 1 .1/1_~-l _M Exhibit "3" 323 L I I i:l 2'f-10" Exhibit "4" 324---"--- 01 z w : ~I r:·tt·f11:;'l'Jl~1;,·:"'"Ji; .. ,'j'"''r1:::i;;-; !:?:""· ., q;:,~ · · , I""' '""' '' .,,,., '""'"~~ '• """'' "" , ' .,,, .. , ''" ' ,.: ',. 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Oi:l PM 11l30l2013 21:00:00 1W0/2013 22:0000 ., 51 0 79 0 "Zl 32 0 511 0 346 Dally Ptak 11f.JW3:113 22:00 00 11l3W2013 21111:00 11 18 0 211 0 17 33 10 llD 0 315 1V:D:I013 "23.:00 00 12Al1/2013 00:00:111 8 i 0 17 0 50 311 3 112 0 240 219.7 Houny A-ago Dolly--... ... -455,4 ........ _ ... _ 223.7 1691 Mlchlpn Ave Investment LP, a Oelaware Umlttd Partnenhip ·1111." 1.inmlu Daic:Jantwy 28, 2014 Max Sklar Dircclor oITourinn, Culcurc, ~A-011011ail' l>tr-'Clopmcul., Rncl I.he OffiC'C of Real &late av «Mlnoi Baldi 17.SS Mcridiui A.l'all& ..asoo MimD' &e.m PS 88180 Dear Mr. Sklar: 111ia lccter if to C'006nu tl1lt we f&l'CC to IUpport dle prapolCd. modificaticm to 8cct»u 6.1 (b) elf the Laue Agreement bctsovem1 the Teuanl, 1691 Michipu Ave Io\IClr:meut LP (J'bc IinaobJ), aud the Ci~ of Miami Beath (Owner) wblch will be modified to Jtipulare that The Lincoln PaJtin1 Gange dedicet2 uad nudullin at lcRIL 15.5 p11ti111 IJllOI far 111C by memben of die~ public at all lime•. SiJICCl'CJy, Inngan1 l . .inkc:r Exhibit "7" 340 RESOLUTION NO.-------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT OF LEASE ("GROUND LEASE") BY AND BETWEEN THE CITY OF MIAMI BEACH(" OWNER"}, AND 1691 MICHIGAN AVE INVESTMENT LP ("TENANT"), DATED AS OF SEPTEMBER 1, 1999, INVOLVING THE IMPROVEMENTS TO PROPERTY LOCATED AT 1663 MICHIGAN AVENUE, MIAMI BEACH, FLORIDA ("GARAGE FACILITY") AND 1691 MICHIGAN AVENUE, MAMI BEACH, FLORIDA ("OFFICE SPACE") (COLLECTIVELY THE "PROJECT"); MODIFYING THE SCOPE OF USE UNDER THE GROUND LEASE BY REDUCING THE MINIMUM NUMBER OF PARKING SPACES REQUIRED FOR THE GARAGE FACILITY, FROM 700 TO 645 SPACES; INCREASING THE MINIMUM NUMBER OF PARKING SPACES REQUIRED TO BE MAINTAINED AT ALL TIMES FOR USE BY THE GENERAL PUBLIC FROM 100 TO 155 PARKING SPACES; AND FURTHER INCREASING THE MINIMUM NUMBER OF MONTHLY PARKING SPACES FOR MEMBERS OF THE GENERAL PUBLIC FROM 50 TO 75, IN CONNECTION WITH THE DEVELOPMENT OF A MINIATURE GOLF PROJECT AT THE SIXTH FLOOR OF THE GARAGE FACILITY. WHEREAS, the City of Miami Beach ("Owner") and 1691 Michigan Ave Investment LP ("Tenant") are parties to a Lease, dated as of September 1, 1999 ("Ground Lease"), in connection with the lease of the Land underlying Tenant improvements consisting of a parking garage ("Garage FaciHty"), located at 1663 Michigan Avenue, Miami Beach, Florida and an office building ("Office Space") located at 1691 Michigan Avenue, Miami Beach, Florida, both of which have ground retail space (collectively the "Project"); and WHEREAS, Tenant entered into a lease with City Middle, LLC ("Subtenant"), dated as of July 1, 2012, involving the proposed development of a miniature golf project on the sixth floor of the Garage Facility, which is the roof top level ("Miniature Golf Project"); and WHEREAS, the use of the parking spaces as a Miniature Golf Project is not prohibited under the lease; however, Section 6.1 (b) of the Lease requires Tenant to operate the Parking Facility containing not less than seven hundred (700) parking spaces, provided that not less than one hundred (100) parking spaces shall be available for use by members of the general public; and WHEREAS, additionally, Section 6.1 (b) of the Lease requires Tenant to provide not less than fifty (50) parking spaces for monthly parking for members of the general public who are not subtenants of the Premises; and WHEREAS, the Miniature Golf Project will encompass 84 of the existing parking spaces, decreasing the minimum number of parking spaces by 55 spaces; therefore, Tenant requires a lease amendment, allowing Tenant to operate the Garage Facility with a minimum of 645 spaces, instead of 700 spaces; and WHEREAS, subject to and contingent upon Tenant securing all requisite governmental approvals for the construction and completion of said Miniature Golf Project, as well as compliance with the requirements of the Ground Lease, including but not limited to Section 14.5 of the Ground Lease, the City has agreed to reduce the requisite number of parking spaces at the Garage facility from 700 to 645, so long as the public is compensated for the loss of said parking spaces, through an increase in the minimum number of parking spaces which have to be maintained at all times for use by the general public, and the minimum number of monthly parking spaces for use by the general public; and WHEREAS, in order to compensate for the loss of the parking spaces relating to the 341 development of the Miniature Golf Project, Tenant has agreed to increase the minimum number of parking spaces required to be maintained at all times for use by the general public from 100 to 155 parking spaces; and further, to increase the minimum number of monthly parking spaces for members of the general public from 50 to 75. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, hereby authorizes the Mayor and City Clerk to execute Amendment No. 1 to Agreement of Lease ("Ground Lease") by and between the City of Miami Beach and 1691 Michigan Ave Investment LP ("Tenant"}, dated as of September 1, 1999, modifying the Scope of Use under the Ground Lease by reducing the minimum number of parking spaces required for the Garage Facility from 700 to 645 spaces; increasing the minimum number of parking spaces required to be maintained at all times for use by the general public from 100 to 155 parking spaces; and further increasing the minimum number of monthly parking spaces for members of the general public from 50 to 75, in connection with the development of a Miniature Golf Project, at the sixth floor of the Garage Facility. PASSED and ADOPTED this 12th day of February, 2014. ATTEST: CITY CLERK JLM\KGB\MS\GNT MAYOR F:\DDHP\$ALL\ASSET\The Lincoln\Resolutions\Amendment No. 1 Reso (2) Commission 2-12-2014 APPROVED AS TO FORM & LANGUAGE & F()8. E)\~CUTION -/L.4~~~u,,_;_ i--s/ it L-.. ey~ Oate 342 AMENDMENT NO. 1 TO AGREEMENT OF LEASE BY AND BETWEEN THE CITY OF MIAMI BEACH AND 1691 MICHIGAN AVE INVESTMENT LP, DATED AS OF SEPTEMBER 1, 1999, INVOLVING THE IMPROVEMENTS TO PROPERTY LOCATED AT 1663 MICHIGAN AVENUE, MIAMI BEACH, FLORIDA ("GARAGE FACILITY"); AND 1691 MICHIGAN AVENUE, MAMI BEACH, FLORIDA ("OFFICE SPACE"); MODIFYING THE SCOPE OF USE UNDER THE GROUND LEASE BY REDUCING THE MINIMUM NUMBER OF PARKING SPACES REQUIRED FOR THE GARAGE FACILITY. FROM 700 TO 645 SPACES; INCREASING THE MINIMUM NUMBER OF PARKING SPACES REQUIRED TO BE MAINTAINED AT ALL TIMES FOR USE BY THE GENERAL PUBLIC FROM 100 TO 155 PARKING SPACES; AND FURTHER INCREASING THE MINIMUM NUMBER OF MONTHLY PARKING FOR MEMBERS OF THE GENERAL PUBLIC FROM 50 TO 75, IN CONNECTION WITH THE DEVELOPMENT OF A MINIATURE GOLF PROJECT AT THE SIXTH FLOOR OF THE GARAGE FACILITY This Amendment No. 1 ("Amendment No. 1") to Agreement of Lease, is made and executed as of this 12th day of February, 2014 ("Effective Date"), relating to the Ground Lease dated as of September 1, 1999, by and between the City of Miami Beach, a municipal corporation duly organized and existing under the laws of the State of Florida ("Owner"} and 1691 Michigan Ave Investment LP, a Delaware limited liability partnership, whose principal place of business is located at c/o Real Estate Capital Partners, LP., 114 West 47'h Street, 23rd Floor, New York, New York 10036 ("Tenant"). RECITALS: WHEREAS, An Agreement of Lease was executed between the City of Miami Beach and Lincoln Plaza Partners LLC, dated as of September 1, 1999 ("Ground Lease"), in connection with the lease of the Land where Tenant agreed to develop an office, retail and commercial project with a parking garage ("Garage Facility"), now located at 1663 Michigan Avenue, Miami Beach, Florida and an office building ("Office Space"), located at 1691 Michigan Avenue, Miami Beach, Florida, both of which have ground retail space (collectively the "Project"); and WHEREAS, On December 20, 2000, the Mayor and City commission adopted Resolution No. 2000-24220, modifying the terms of the Lease by waiving the provisions of Section 10.3(a) and amending Section 10.4, approving the sale and Assignment and Assumption of the Ground Lease from Lincoln Plaza Partners LLC to LNR Jefferson LLC before a certificate of occupancy had been obtained; and WHEREAS, On October 5, 2005, LNR Jefferson LLC changed its name to The Lincoln, LLC; and WHEREAS, On or about July 18, 2006, The Lincoln LLC sold its interest in the Project and assigned its leasehold interest in the Land to Lincoln Miami Beach Investment LLC, a Delaware limited liability company, pursuant to that certain Assignment and Assumption of Ground Lease recorded in O.R. Book, 24738, Page 4073, of the Public Records of Miami-Dade County, Florida; and WHEREAS, On November 17, 2006, Lincoln Miami Beach Investment LLC changed its name to OIK Lincoln Miami Beach Investment LLC, and on June 17, 2009 merged with 1691 Michigan Ave Investment LP, a Delaware limited liability partnership ("Tenant"}; and 343 Lease between the City and 1691 Michigan Ave Investment LP Amendment No. l Commission February 12, 2014 WHEREAS, Tenant entered into a lease with City Middle, LLC ("Subtenant"), dated as of July 1, 2012, involving the proposed development of a miniature golf project on the sixth floor of the Parking Facility, which is the roof top level ("Miniature Golf Project"); and WHEREAS, Section 6.1 {b) of the Lease requires Tenant to operate the Parking Facility containing not less than seven hundred {700) parking spaces, provided that not less than one hundred (100) parking spaces shall be available for use by members of the general public and a minimum of fifty (50) parking spaces for monthly parking for members of the general public; and WHEREAS, The garage currently has 729 spaces; however, the development of the Miniature Golf Project will encompass a minimum of 84 of the parking spaces, reducing the total number of available parking spaces to 645; and WHEREAS, on February 12, 2014, pursuant to Resolution No. _______ _ the Mayor and City Commission of the City of Miami Beach, Florida authorized the Mayor and City Clerk to Execute this Amendment reducing the minimum number of parking spaces which Tenant is required to have at the Parking Facility, from 700 to 645; increased the minimum number of parking spaces required to be maintained at all times for use by the general public, from 100 to 155 parking spaces; and further increased the minimum number of monthly parking spaces for members of the general public from 50 to 75, in connection with the development of a Miniature Golf Project at the sixth floor of the Garage Facility. NOW THEREFORE, Owner and Tenant, in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Lease, based upon the following terms and conditions: 1 . Section 6 .1 (b) of the Ground Lease, titled "Scope of Use" is hereby deleted and replaced with the following: "In accordance with Tenant's obligations to meet and comply with the maintenance and operating standards set forth in Article 14 and other provisions of this Lease, Tenant shall, from and after the Project Opening Date, operate the Premises as an office, retail and commercial (excluding any apartments, hotels, apartment hotels or residential uses) project and parking garage containing not less than Six Hundred Forty-Five (645) parking spaces. The number of parking spaces required by the Land Development Regulations for the uses within the Premises shall be available to Tenant to sublease or license to its subtenants; provided, however, that the remainder of the parking spaces in the Garage {but in no event less than one hundred fifty-five (155) parking spaces) shall be available for use by members of the general public at all times and all of the spaces in the Garage shall be available for use by members of the general public during non-office hours to the extent not used by subtenants. Furthermore, Tenant shall provide not less than seventy-five (75} parking spaces for monthly parking for members of the general public who are not subtenants of the Premises at monthly garage parking rates established by Tenant, which rates shall not be higher than the highest rate paid by any subtenant in the Premises. Notwithstanding the preceding sentence, Tenant reserves the right to close or restrict access to any portion of the Premises in connection with Alterations undertaken in accordance with the provisions of this Lease or to such extent as may, in the reasonable opinion of Tenant's counsel, be legally necessary to prevent a dedication thereof or the accrual of prescriptive rights to any Person or Persons. 2 344 Lease between the City and 1691 Michigan Ave Investment LP Amendment No. I Commission February 12, 2014 2. Except as amended herein, all other terms and conditions of the Ground Lease shall remain in full force and effect and are hereby ratified and confirmed by the parties. IN WITNESS WHEREOF, this Amendment No. 1 has been duly executed by the parties hereto as of the day and year first above written. ATIEST: Print Name: ------- Print Name: ------- Print Name: ------- Print Name: ------- 3 OWNER: CITY OF MIAMI BEACH, FLORIDA, A municipal corporation of the State of Florida Mayor ___ day of _____ , 2014. City Clerk ___ day of _____ , 2014. 345 Lease between the City and 1691 Michigan Ave Investment LP Amendment No. 1 Commission February 12, 2014 ATTEST: Print Name: -------- Print Name: _________ _ TENANT: 1691 Michigan Ave Investment LP, a Delaware limited liability partnership ___ day of _____ ,2014. F:\RHCD\$ALL \ECON\$ALL \ASSEnthe Lincoln\Amendment No. 1 for February, 2014 Commission Meeting 4 346 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Procurement Of Services By Central Florida Equipment Rentals, Inc. To Relocate 155 Linear Feet Of 8 Inch DIP Water Main On SR-A1A (Indian Creek Drive) From 42nd To 44 1h Street, In Conjunction With The FOOT Project. Key Intended Outcome Supported: Ensure value and timely delivery of Quality Capltal Projects/Maintain City Infrastructure Supporting Data (Surveys, Environmental Scan, etc.): 81% of Residents rated recently completed capital projects as excellent or Qood. Item Summary/Recommendation: The Florida Department of Transportation (FOOT) will begin construction of the SR-A1A (Indian Creek Dr.) from 42"d Street to 441 h Street Right-of-Way Improvements Project Construction on April 21, 2014. Generally, the FOOT project will be drainage improvements with the construction of a stormwater pump station located on 43rd Street. Because of these right-of-way improvements, the City must relocate its water main to avoid conflict with the FOOT proposed pump station design. The City has coordinated this effort with the FDOT design engineers to ensure the resolution of all conflicts based on available data. FOOT has selected Central Florida Equipment Rentals, Inc. as the contractor. To avoid coordination problems and construction delays, the City believes that it would be in its best interest to use the same contractor selected by the FOOT procurement process. The City has provided Central Florida Equipment Rentals, Inc. the construction plans for the required water main relocation. A price proposal has not yet been received. The estimated cost should not exceed $50,000 for the proposed work. Staff believes it appropriate to add a 10% contingency in the amount of $5,000 to cover any unforeseen conditions. Therefore, the total cost estimated is $55,000 expected to be from Fund 384, 2003 G. 0. Bonds. The City is not incurring mobilization, coordination, and maintenance of traffic costs that it would if it retained a different contractor. As a result, staff believes that such cost is competitive. Further, it has less risk of change orders associated with potential conflicts from a City contractor and FDOT contractor working within the same project limits. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: IN/A Financial Information: S~,e of Funds: Amount Account lf1T)) I $55,000 384-2340-069357 Ocean Front Neighborhood Project Total $55,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: Si n-Offs: Department Director Assistant Cit ' ETC M T:\AGENDA\2014\February\43rd St Water Main RelocationWaver of /V\IAtv\I BEACH AGENDA ITEM -=C----=-7_f/~- DATE .;J.-f,)-f'/ 347 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miamibeochfl.gov COMMIS ION MEMORANDUM FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PROCUREMENT OF SERVICES FROM CENTRAL FLORIDA EQUIPMENT RENTALS, INC. TO RELOCATE 155 LF OF 8 INCH DIP WATER MAIN ON SR-A1A (INDIAN CREEK DRIVE) FROM 42No TO 44TH STREET, IN CONJUNCTION WITH THE FOOT PROJECT. ADMINISTRATION RECOMMEN DA Tl ON Adopt the resolution. FUNDING $55,000 384-2340-069357 (2003 G. 0. Bonds)/ Ocean Front Neighborhood Project. BACKGROUND The Florida Department of Transportation (FOOT) will begin construction of the SR-A 1A (Indian Creek Dr.) from 42nd Street to 44th Street Right-of-Way Improvements Project Construction on April 21, 2014. Generally, the FOOT project will be drainage improvements with the construction of a stormwater pump station located on 43rd Street. Because of these right-of-way improvements, the City must relocate its water main to avoid conflict with the FOOT proposed pump station design. The City has coordinated this effort with the FOOT design engineers to ensure the resolution of all conflicts based on available data. FOOT has selected Central Florida Equipment Rentals, Inc. as the contractor. To avoid coordination problems and construction delays, the City believes that it would be in its best interest to use the same contractor selected by the FOOT procurement process. The City has provided Central Florida Equipment Rentals the construction plans for the required water main relocation. A price proposal has not yet been received. The estimated cost should not exceed $50,000 for the proposed work. Staff believes it appropriate to add a 10% contingency in the amount of $5,000 to cover any unforeseen conditions. Therefore, the total 348 43'd St Utility Adjustments and Relocations and waver of Bids Memo City Commission Meeting February 12, 2014 Page 2of3 cost estimated is $55,000 from Fund 384, 2003 G. 0. Bonds. The City is not incurring mobilization, coordination, and maintenance of traffic costs that it would if it retained a different contractor. As a result, staff believes that such cost is competitive. Further, it has less risk of change orders associated with potential conflicts from a City contractor and FOOT contractor working within the same project limits. CONCLUSION The Administration recommends the Mayor and City Commission adopt this resolution waiving by 5/7th vote, the formal competitive bidding requirements, finding such waiver to be in the City's ~t interest. (U6}tl~JJF/BAM T:IAGENDA\2014\Februaryl43rd St Water Main Relocation Waver of Bids Memo final.docx 349 RESOLUTION NO. ------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PROCUREMENT OF CONSTRUCTION SERVICES, IN THE NOT TO EXCEED AMOUNT OF $50,000, PLUS A $5,000 CONTINGENCY, FOR A TOTAL OF $55,000, FROM CENTRAL FLORIDA EQUIPMENT RENTALS, INC., TO RELOCATE 155 LINEAR FEET OF 8 INCH DIP WATER MAIN ON SR-A1A (INDIAN CREEK DRIVE), FROM 42No TO 44TH STREET, IN CONJUNCTION WITH THE FOOT'S INDIAN CREEK DRIVE AND COLLINS AVENUE STORMWATER DRAINAGE IMPROVEMENT PROJECT. WHEREAS, the Florida Department of Transportation (FOOT) will begin construction of the Indian Creek Drive pump station on April 21 2014, located on the 43rd Street right-of-way (ROW), in conjunction with the FOOT Indian Creek Drive and Collins Avenue Stormwater Drainage Improvement Project (the Project); and WHEREAS, the City must relocate an eight inch (8") water main due to the Project; and WHEREAS, the City has coordinated this effort with FOOT design engineers to ensure the resolution of all conflicts based on available data; and WHEREAS, FOOT has awarded the bid for the stormwater pump station to Central Florida Equipment Rentals, Inc. as the Project contractor; and WHEREAS, to avoid coordination problems and construction delays, the City would benefit from using the Project contractor (selected pursuant to the FOOT procurement process); and WHEREAS, the estimated cost of the City work is $50,000, plus a 10% ($5,000) contingency, to cover any unforeseen conditions totaling $55, 000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission hereby waive, by a 5/7ths vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorize the procurement of construction services, in the not to exceed amount of $50,000, plus a $5,000 contingency, for a total of $55,000, from Central Florida Equipment Rentals, Inc., to relocate 155 linear feet of 8 inch dip water main on SR~A1A (Indian Creek Drive), from 42"d to 44th Street, in conjunction with the FDOT's Indian Creek Drive and Collins Avenue Stormwater Drainage Improvement Project. PASSED AND ADOPTED this 121h day of February, 2014. ATIEST: Mayor Rafael Granado, City Clerk T:\O\GENDA\2014\February\43rd St Water Main Relocation Waver of Bids Resoultion.docx ( 350 / I I 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, Approving An Assignment Of The Service Agreement, Dated June 9, 2010, For Collection And Disposal Of Residential Solid Waste, Yard Trash, Bulk Waste, And Operation Of The City's Green Waste Facility, From Choice Environmental Services, Inc. (As The Successor, Via Merger, To Choice Environmental Services Of Miami, Inc.), As Assignor, To Progressive Waste Solutions Of Fl, Inc. (Progressive), As Assignee; And Also Acknowledging A Change Of Name, Under The Non-Exclusive Franchise Agreement For Residential And Commercial Solid Waste Collections And Disposal And The Service Agreement For Additional Solid Waste Collection Services And Collection Of Recycling Materials At City-Owned Properties, Parks, Rights Of Ways, And Other Public Facilities And Property(ies), From Waste Services Of Florida, Inc., To Progressive Waste Solutions Of Fl, Inc.; Which Change Of Name Took Place On August 16, 2013, And Which Does Not Require Approval And/Or Other Action Of The City Commission. Ke Intended Outcome Su orted: N/A Item Summary/Recommendation: At its regular meeting on June 9, 2010, the Mayor and City Commission approved and authorized the Mayor and City Clerk to execute a Service Agreement with Choice Environmental Services, pursuant to Request for Proposals (RFP) No. 60-08/09, for the Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste, and Operation of the City's Green Waste Facility; said Contract having an initial term of five ( 5) years, commencing on September 1, 2010, and ending on August 31, 2015, with three (3) one-year renewal options, upon the same terms and conditions, at the City's sole discretion. In correspondence dated October 17, 2013, Progressive notified the City of the merger of certain entities and the name change of the surviving entity in accordance with Section 35 of the Service Agreement. They further stated that "nothing else has structurally or operationally changed, as these mergers and the name chance are part of a streamlining of the company's corporate structure and new, company-wide rebranding effort". THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: OBPI Financial Impact Summary: NIA City Clerk's Office Legislative Tracking: Sign-Offs: Department irector ETC T:'AGENDA\2014\February\Solid Waste-Memo.docx MIAMI BEACH M 351 Account AGENDA ITEM __ CJ_7_I..,....,,....~ DATE ;~t;.-f q MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Members of he City Co~is.~ion _ Jimmy L. Morales, City Manager ~ February 12, 2014 A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF THE SERVICE AGREEMENT, DATED JUNE 9, 2010, FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, BULK WASTE, AND OPERATION OF THE CITY'S GREEN WASTE FACILITY, FROM CHOICE ENVIRONMENTAL SERVICES, INC. {AS THE SUCCESSOR, VIA MERGER, TO CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.), AS ASSIGNOR, TO PROGRESSIVE WASTE SOLUTIONS OF FL, INC. (PROGRESSIVE), AS ASSIGNEE; AND ALSO ACKNOWLEDGING A CHANGE OF NAME, UNDER THE NON-EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTIONS AND DISPOSAL AND THE SERVICE AGREEMENT FOR ADDITIONAL SOLID WASTE COLLECTION SERVICES AND COLLECTION OF RECYCLING MATERIALS AT CITY-OWNED PROPERTIES, PARKS, RIGHTS OF WAYS, AND OTHER PUBLIC FACILITIES AND PROPERTY(IES), FROM WASTE SERVICES OF FLORIDA, INC., TO PROGRESSIVE WASTE SOLUTIONS OF FL, INC.; WHICH CHANGE OF NAME TOOK PLACE ON AUGUST 16, 2013, AND WHICH DOES NOT REQUIRE APPROVAL AND/OR OTHER ACTION OF THE CITY COMMISSION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Provide continuous solid waste collection services and collection of recycling materials at city-owned properties, parks, rights of ways, and other public facilities and property(ies), BACKGROUND At its regular meeting on June 9, 2010, the Mayor and City Commission approved and authorized the Mayor and City Clerk to execute a Service Agreement with Choice Environmental Services, pursuant to Request for Proposals (RFP) No. 60-08/09, for the Collection and Disposal of Residential Solid Waste, Yard Trash and Bulk Waste, and Operation of the City's Green Waste Facility; said Contract having an initial term of five (5) years, commencing on September 1, 2010, and ending on August 31, 2015, with three (3) one-year renewal options, upon the same terms and conditions, at the City's sole discretion. 352 Commission Memorandum Solid Waste Residential Agreement February 12, 2014 Page 12 In correspondence dated October 17, 2013, Progressive notified the City of the merger of certain entities and the name change of the surviving entity in accordance with Section 35 of the Service Agreement. They further stated that "nothing else has structurally or operationally changed, as these mergers and the name chance are part of a streamlinlng of the company's corporate structure and new, company-wide rebrandlng effort". The proposed consent to assignment of the agreement is attached and has been form approved by the City Attorney's office. CONCLUSION The Administration recommends that the Mayor and City Commission, adopt the attached Resolution, authorizing the assignment of the service contract pursuant to Request for Proposals (RFP} No. 60-08/09, for the Collection and Disposal of Residential Solid Waste, Yard Trash, and Bulk Waste, and Operation of the City's Green Waste Facility; said Agreement as amended, having an initial term of five (5) years, commencing on September 1, 2010, and ending on August 31, 2015, with three (3) one-year renewal options, upon the same terms and conditions, at the City's sole discretion. Attachment: Consent To Assignment of Agreement JLM/MT/lf/d/JJF T:\AGENDA\2014\February\Bid Waiver Office Trailers Property Mgt ·MEMO.doc 353 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF THE SERVICE AGREEMENT, DATED JUNE 9, 2010, FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, BULK WASTE, AND OPERATION OF THE CITY'S GREEN WASTE FACILITY, FROM CHOICE ENVIRONMENTAL SERVICES, INC. (AS THE SUCCESSOR, VIA MERGER, TO CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.), AS ASSIGNOR, TO PROGRESSIVE WASTE SOLUTIONS OF FL, INC. (PROGRESSIVE), AS ASSIGNEE; AND ALSO ACKNOWLEDGING A CHANGE OF NAME, UNDER BOTH THE NON-EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTIONS AND DISPOSAL, AND THE SERVICE AGREEMENT FOR ADDITIONAL SOLID WASTE COLLECTION SERVICES AND COLLECTION OF RECYCLING MATERIALS AT CITY-OWNED PROPERTIES, PARKS, RIGHTS OF WAYS, AND OTHER PUBLIC FACILITIES AND PROPERTY(IES}, FROM WASTE SERVICES OF FLORIDA, INC., TO PROGRESSIVE WASTE SOLUTIONS OF FL, INC.; WHICH CHANGE OF NAME TOOK PLACE ON AUGUST 16, 2013, AND WHICH DOES NOT REQUIRE APPROVAL AND/OR OTHER ACTION OF THE CITY COMMISSION. WHEREAS, on June 9, 2010, pursuant to Resolution No. 2010-27421, the City entered into an agreement with Choice Environmental Services of Miami, Inc., for the collection and disposal of residential solid waste, yard trash, bulk waste, and operation of the City's green waste facility (Agreement); and WHEREAS 1 Choice Environmental Services, Inc. (hereinafter, "Choice") is the successor, via merge, to Choice Environmental Services of Miami, Inc.; and WHEREAS, on November 16, 2012, Waste Services of Florida, Inc. purchased Choice; and WHEREAS, on June 4, 2013, Waste Services of Florida, Inc. changed its name to Progressive Waste Solutions of FL, Inc. (Progressive); and WHEREAS, on September 9, 2013, Choice was merged into Progressive, with Progressive being the surviving entity; and WHEREAS, pursuant to the Agreement, the aforestated merger is treated as an assignment of the Agreement and therefore requires the consent of the Mayor and City Commission; and 354 WHEREAS, Progressive has represented to the City that the merger of Choice into Progressive has not resulted in a structural or operational change, and that the merger (and the name change) are part of a streamlining of the company's corporate structure and a new, company-wide rebranding effort; and WHEREAS, based upon the above representation, the City Administration recommends that the City approve the proposed assignment. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission hereby approve an assignment of the Service Agreement, dated June 9, 2010, for Collection and Disposal of Residential Solid Waste, Yard Trash, Bulk Waste, and Operation of the City's Green Waste Facility, from Choice Environmental Services, Inc. (as the successor, via merger, to Choice Environmental Services Of Miami, Inc.), as assignor, to Progressive Waste Solutions of FL, Inc. (Progressive), as Assignee; and also acknowledge a change of name, both under the non-exclusive Franchise Agreement for residential and commercial solid waste collections and disposal, and the Service Agreement for Additional Solid Waste Collection Services, and Collection of Recycling Materials at City-Owned Properties, Parks, Rights of Ways, And Other Public Facilities and Property(ies), from Waste Services of Florida, Inc., to Progressive; which change of name took place on August 16, 2013, and which does not require approval and/or other action of the City Commission. PASSED AND ADOPTED this 12tti day of February, 2014. ATIEST: Rafael Granado, City Clerk T:'AGENDA\2014\February\Solid Waste. RESo.docx 355 Mayor Philip Levine, Mayor APPROVED AS TO RM & LANGUAGE & 011 CUTION CONSENT TO ASSIGNMENT AND FIRST AMENDMENT TO THE SERVICE AGREEMENT, DATED JUNE 9, 2010 (THE AGREEMENT), FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, BULK WASTE, AND OPERATION OF THE CITY'S GREEN WASTE FACILITY, FROM CHOICE ENVIRONMENTAL SERVICES, INC. (AS THE SUCCESSOR, VIA MERGER,TO CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.), AS ASSIGNOR, TO PROGRESSIVE WASTE SOLUTIONS OF FL, INC. (PROGRESSIVE), AS ASSIGNEE. This Consent to Assignment and First Amendment to Agreement is entered into this day of , 2014 ("Effective Date"), by and among the CITY OF MIAMI BEACH (the "City"), a Florida Municipal Corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139; CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC. ("Assignor"), a Florida corporation, whose address is 3840 N.W. 37t11 Ct., Miami, Fl, 33142, and PROGRESSIVE WASTE SOLUTIONS OF FL 1 INC. ("Assignee"), a Florida corporation, whose address is also 3840 N.W. 37th Ct., Miami, Fl, 33142. NOW, THEREFORE, the City, Assignor, and Assignee, for and in consideration of the mutual covenants, agreements and undertakings herein contained, the receipt and sufficiency of which are hereby acknowledged, do by these presents mutually covenant and agree to assign and amend the Agreement, as follows: 1. The City of Miami Beach, Florida hereby consents to the assignment of the Agreement, from Choice Environmental Services of Miami, Inc. (also referred to as the Assignor), to Progressive Waste Solutions of FL, Inc. (also referred to as Assignee). Assignor and Assignee hereby acknowledge and agree to said assignment, and Assignee further agrees to be bound by the terms and conditions of the Agreement, as amended by this Consent to Assignment and First Amendment. 2. Assignee shall agree to furnish to the City's Risk Manager, Certificates of Insurance or endorsements evidencing the insurance coverage specified in the Agreement. 3. Section 4.15, entitled "Notices", on page 7 of the Agreement, shall be amended, in part (deleted items stFt::JGk tf:iro1:Jg/=I and inserted items underlined}, to reflect the new Contractor's contact information as follows: 356 TO CONTRACTOR: CHOICli iNVIRONMl!NTAb SERVICE!& OF MIAMI, INC. 3840 N.W. 37tti-Gt,. MiarTli 1=1, aa142, PROGRESSIVE WASTE SOLUTIONS OF FL. INC. 2860 West State Road 84. Suite 103 Fort Lauderdale, FL 33312 Dean DiValerio Southeast Region Vice President Progressive Waste Solutions of FL. Inc. 4. Except as otherwise specifically amended herein, all other terms and conditions of the Agreement, shall remain in full force and effect. In the event there is a conflict between the terms provided herein and the Agreement, the provisions of this Assignment and First Amendment shall govern. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 357 IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By: City Clerk Rafael Granado FOR CONTRACTOR: ATTEST: Secretary Print Name ATTEST: Secretary Print Name CITY OF MIAMI BEACH, FLORIDA Mayor Philip Levine ASSIGNOR/ CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.: / I ..__ __ 3 358 President Print Name ASSIGNEE/ PROGRESSIVE WASTE SOLUTIONS OF FL, INC.: President Print Name APPROVED AS TO FORM & LANGUAGE & FOR EX!;.CUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Accepting The Recommendation Of The Sustainability Committee At Its January 21, 2014 Meeting To Allocate And Appropriate The Revenue Generated From Toner, Inkjet, And Laser Cartridge Recycling At Various City Facilities, Pursuant To Miami-Dade County Contract No. 188091-0/18, To Fund Environmental Programs. Key Intended Outcome Supported: Enhance the Environmental Sustainability of the Community. Supporting Data (Surveys, Environmental Scan, etc.): Two-thirds of Miami Beach residents (66%) gave the City positive marks for its efforts to be a green or sustainable City. Item Summary/Recommendation: The use of office printers generates toner, inkjet and laser cartridges that can be recycled. The City does not currently have a program and set procedure to collect and recycle used toner, inkjet and laser cartridges produced from their daily operations. In an effort to standardize the disposal process and ensure that these items are properly removed from the City's waste stream, the City has procured Dade Recycling th rough Miami-Dade County Contract No. I 88091-0/18 to provide toner, inkjet, and laser cartridge recycling at the City's various facilities. Pursuant to the County's contract, Dade Recycling will collect these items from a pre-determined location at each City office and sell or recycle them to generate monthly revenue for the City. The City will receive $0. 75 per toner and laser cartridge and $0.25 per inkjet cartridge collected by Dade Recycling. The County allocates and appropriates the revenue generated by their program to support the County's Youth Job program. On January 21, 2014, the Sustainability Committee recommended that the revenue from the City's program be used to fund environmental programs. The Committee also passed a motion recommending that the funds from the City's program be allowed to accumulate for a period of six months from the program's implementation, at which time they can review the amount accumulated and either recommend its allocation to a specific environmental program or recommend that the revenue be allowed to accumulate for another six months. The Administration recommends adopting the resolution to allocate and appropriate the revenue generated from toner, inkjet, and laser cartridge recycling collected from various city facilities to fund environmental programs. Advise Board Recommendation: On January 21, 2014, the Sustainability Committee recommended that the revenue from the City's program be used to fund environmental programs and that the funds be allowed to accumulate for a period of six months from the ro rams im lementation before selectin a s ecific ro ram to fund. Financial Information: Source of Amount Funds: 1 OBPI Total Cit Clerk's Office Le islative Trackin Elizabeth Wheaton ext. 6121 Sign-Offs: Department Director ETC T IAGENDA\2014\February\Dade Recycling Revenue -Summary.doc MIAMI BEACH 359 Account AGENDA lTEM DATE C.7:T ¢.-IJ-/f/ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, wwv,"miomibeachfl.gov COMMI SION MEMORANDUM TO: Mayor Philip Levine and Member DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCE TING THE RECOMMENDATION OF THE SUSTAINABILITY COMMITTEE AT ITS JANUARY 21, 2014 MEETING TO ALLOCATE AND APPROPRIATE THE REVENUE GENERATED FROM TONER, INKJET, AND LASER CARTRIDGE RECYCLING AT VARIOUS CITY FACILITIES, PURSUANT TO MIAMI-DADE COUNTY CONTRACT NO. IB8091-0/18, TO FUND ENVIRONMENTAL PROGRAMS IN THE CITY. BACKGROUND The use of office printers generates toner, inkjet and laser cartridges that can be recycled. The City does not currently have a program and set procedure to collect and recycle used toner, inkjet and laser cartridges produced from their daily operations. In an effort to standardize the disposal process and ensure that these items are properly removed from the City's waste stream, the City has procured Dade Recycling through Miami-Dade County Contract No. 188091-0/18 to provide toner, inkjet, and laser cartridge recycling at the City's various facilities. ANALYSIS Pursuant to the County's contract, Dade Recycling will collect these items from a pre- determined location at each City office and sell or recycle them to generate monthly revenue for the City. The City will receive $0.75 per toner and laser cartridge and $0.25 per inkjet cartridge collected by Dade Recycling. The County allocates and appropriates the revenue generated by their program to support the County's Youth Job program. On January 21, 2014, the Sustainability Committee recommended that the revenue from the City's program be used to fund environmental programs. The Committee also passed a motion recommending that the funds from the City's program be allowed to accumulate for a period of six months from the program's implementation, at which time they can review the amount accumulated and either recommend its allocation to a specific environmental program or recommend that the revenue be allowed to accumulate for another six months. CONCLUSION The Administration recommends adopting the resolution to allocate and appropriate the revenue generated from toner, inkjet, and laser cartridge recycling collected from various city facilities to fund environmental programs. Attachment: Miami-Dade County Contract No. 188091-0/18 I'). , MT/~JJF/BAM/ESW/MKW 360 RESOLUTION NO.---------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE SUSTAINABILITY COMMITTEE AT ITS JANUARY 21, 2014 MEETING TO ALLOCATE AND APPROPRIATE THE REVENUE GENERATED FROM TONER, INKJET, AND LASER CARTRIDGE RECYCLING AT VARIOUS CITY FACILITIES, PURSUANT TO MIAMI-DADE COUNTY CONTRACT NO. 188091-0/18, TO FUND ENVIRONMENTAL PROGRAMS IN THE CITY. WHEREAS, the recycling of recyclable materials is in the best interest of the environment, City residents, and in maintaining the City's prominence as a world class resort destination; and WHEREAS, office printers generate toner, inkjet, and laser cartridges that can be recycled and the City does not currently have a program or procedure to collect and recycle those cartridges produced from its daily operations; and WHEREAS, in an effort to standardize the disposal process for ink cartridges and ensure that these items are properly removed from the City's waste stream, the City has procured Dade Recycling through Miami-Dade County Contract No. 188091-0/18 to provide toner, inkjet, and laser cartridge recycling at the City's various facilities; and WHEREAS, pursuant to the County's contract, Dade Recycling will collect these items from a pre-determined location at each City office and sell or recycle them to generate monthly revenue for the City at a rate of $0. 75 per toner and laser cartridge and $0.25 per inkjet cartridge; and WHEREAS, at its January 21, 2014 meeting, the Sustainability Committee unanimously recommended that the revenue generated from the City's toner, inkjet, and laser cartridge recycling program be used to fund environmental programs in the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Sustainability Committee at its January 21, 2014 meeting to allocate and appropriate the revenue generated from toner, inkjet, and laser cartridge recycling at various City facilities, pursuant to Miami-Dade County Contract No. 188091-0/18, to fund environmental programs in the City. PASSED AND ADOPTED this the ---day of ______ , 2014. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2014\February\Dade Recycling Revenue 2-12-14 Commission RESO.doc 361 MIAH_,. mm I BID NO.: IB8091-0/18 I OPENING: 2:00 P.M. MIAMI-DADE COUNTY, FLORIDA INVITATION T 0 8 I D TITLE: FRIDAY AUGUST 23, 2013 TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES FOR INFORMATION CONTACT: Ruth Laureano, 305-375-5765, ruthl@miamidade.gov IMPORTANT NOTICE TO BIDDERS: • READ THIS ENTIRE DOCUMENT, THE GENERAL TERMS AND CONDITIONS, AND HANDLE ALL QUESTIONS IN ACCORDANCE WITH THE TERMS OUTLINED IN PARAGRAPH 1.2(D) OF THE GENERAL TERMS AND CONDITIONS. • FAILURE TO SIGN BID SUBMITTAL FORM IN SECTION 4 WILL RENDER YOUR BID NON-RESPONSIVE MIAMI-DADE COUNTY INTERNAL SERVICES DEPARTMENT PROCUREMENT MANAGEMENT DIVISION 362 MIAH. mm MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID Bid Number: IB8091-0/18 Bid Title: Toner, Inkjet, and Laser Cartridge Recycling Services Procurement Associate: Ruth Laureano Bids will be accepted until 2:00 p.m. on Friday, August 23, 2013 Bids will be publicly opened. The County provides equal access and does not discriminate on the basis of disability in its programs or services. It is our policy to make all communication available to the public, including those who may be visually or hearing impaired. If you require information in a non-traditional format please call 305-375-5278. Instructions: The Clerk of the Board business hours are B:OOam to 4:30pm, Monday through Friday. Additionally, the Clerk of the Board is closed on holidays observed by the County. Each Bid submitted to the Clerk of the Board shall have the following information clearly marked on the face of the envelope: the Bidders name, return address, Bid number, opening date of the Bid and the title of the Bid. Included in the envelope shall be an original and two copies of the Bid Submittal, plus attachments if applicable. All Bids received time and date stamped by the Clerk of the Board prior to the bid submittal deadline shall be accepted as timely submitted. The circumstances surrounding all bids received and time stamped by the Clerk of the Board after the bid submittal deadline will be evaluated by the procuring department, in consultation with the County Attorney's Office, to determine whether the bid will be accepted as timely. NOTICE TO ALL BIDDERS: • FAILURE TO SIGN THE BID SUBMITTAL FORM WILL RENDER YOUR BID NON- RESPONSIVE. • THE BID SUBMITTAL FORM CONTAINS IMPORTANT CERTIFICATIONS THAT REQUIRE REVIEW AND COMPLETION BY ANY BIDDER RESPONDING TO THIS SOLICITATION. MIAMI-DADE COUNTY INTERNAL SERVICES DEPARTMENT PROCUREMENT MANAGEMENT DIVISION 363 MIAMI-DADE COUNTY BID NO.: 188091-0/18 SECTION 1 GENERAL TERMS AND CONDITIONS TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES All general terms and conditions of Miami-Dade County Procurement Contracts for Invitations to Bid are posted online. Persons and Companies that receive an award from Miami-Dade County through Miami-Dade County's competitive procurement process must anticipate the inclusion of these requirements in the resultant Contract. These standard general terms and conditions are considered non-negotiable subject to the County's final approval. All applicable terms and conditions pertaining to this solicitation and resultant contract may be viewed online at the Miami-Dade County Procurement Management website by clicking on the below link: http://www.miamidade.gov/procurement/librarv/boilerplate/general-terms-and-conditions- r13-5.pdf -I - 364 Revised 1 /29/13 Version 13 MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: IB8091-0/18 TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY The purpose of this solicitation is to obtain recycling services for toner, inkjet, and laser cartridges throughout County facilities to generate revenue in support of the Miami-Dade County Summer Youth Jobs Program in conjunction with the County's needs. The successful bidder shall furnish and provide all labor, materials, equipment, and transportation necessary to perform all operations in connection with the collection, sale, and recycling of toner, inkjet, and laser cartridges and submission of revenue payments to the County. No charges for any services in conjunction with the contract will be accepted by the County. The funds generated by the contract will benefit the Miami-Dade County Summer Youth Jobs Program in accordance with Resolution No. R-974-02. Note to Bidders: This contract does not include purchases. 2.2 TERM OF CONTRACT: FIVE (5) YEARS This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's Procurement Management Division, and contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the last month of the contract term. 2.3 METHOD OF AWARD: TO A SINGLE VENDOR OFFERING THE HIGHEST REVENUE IN THE AGGREGATE Award of this contract will be made to the responsive, responsible, vendor who submits the highest revenue in the aggregate, and meets the minimum qualification requirements specified below. If a vendor fails to submit an offer on all items, its overall offer may be rejected. The County will award the contract to a single vendor. 2.3.1 MINIMUM QUALIFICATION REQUIREMENTS Bidder(s) shall provide evidence of three comparable contracts similar in scope of services performed satisfactorily for a Commercial or Governmental Agencies which the bidder is/was the prime contractor either ongoing or completed within the past two years. Bidder(s) shall provide the following information: (i) Company Name (ii) Company Address (ii) Contact person (iv) Phone number (v) Email address (vi) Work completed/in progress - 1 - 365 MIAMI-DADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: 188091-0/18 TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES The provided information will allow the County to confirm the bidder's experience, qualifications, and past performance in providing comparable services as identified in the solicitation. Where the information submitted by the bidder is insufficient. The County may request additional, specific evidence of the bidder's qualifications as necessary. The County will consider any evidence available, or lack thereof, in determining bidder's responsiveness and responsibility. 2.4 METHOD OF PAYMENT: MONTHLY The successful bidder shall submit monthly payments by the twentieth (201h) calendar day of each month to the County for the revenue generated. The payments shall reflect the appropriate contract number, title, user agency location(s), and the numbers of cartridges received and recycled from the County during the specified time period. All payments shall be submitted to: Miami-Dade County Community Action and Human Services Department Overtown Transit Center 701 NW 1st Court, 1 oth Floor Miami, Florida 33136 Attn: Alberto Parjus, Bolanle Shorunke-Jean or Shirley Almeida A copy of the monthly payments invoice shall be submitted to: Miami-Dade County Regulatory and Economic Resources Department Resource Conservation Committee 701 NW 151 Court, Suite 200 Miami, Florida 33136 Attn: Herb Balfour, Chair 2.5 CONT ACT PERSON For any additional information regarding the terms and conditions of this solicitation and resultant contract, Contact: Ruth Laureano, at (305) 375-5765 email - ruthl@miamidade.gov. 2.6 ACCIDENT PREVENTION AND REGULATIONS Precautions shall be exercised at all times for the protection of persons and property. All vendors performing services under this contract shall conform to all relevant OSHA, State and County regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the responsible vendor. -2 - 366 MIAMlwDADE COUNTY SECTION 2 SPECIAL CONDITIONS BID NO.: IB8091w0/18 TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES 2. 7 CLEANwUP All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the vendor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 2.8 FACILITIES MAY BE REPLACED OR DELETED Although this solicitation and resultant contract identifies specific facilities for collection of containers, it is hereby agreed and understood that any County department or agency facility may be replaced or deleted at the option of the County. The replaced and deleted site(s) shall be noted to this contract by formal modification to the award sheet. 2.9 LEGAL REQUIREMENT FOR POLLUTION CONTROL It is the intent of these specifications to comply with the Miami-Dade County Pollution Control Ordinance as stated in Chapter 24 of the Miami-Dade Code. This ordinance is made a part of these specifications by reference and may be obtained, if necessary, by the vendor through the Department of Regulatory and Economic Resources, 701 NW 1st Court., Miami, Florida 33136, Telephone (305) 372-6789. - 3 - 367 MIAMI-DADE COUNTY SECTION 3 TECHNICAL SPECIFICATIONS BID NO.: 188091-0/18 TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES 3.1 SCOPE OF SERVICES The intent of this solicitation ls to obtain recycling services for toner, inkjet, and laser cartridges throughout County facilities to generate revenue in support of the Miami-Dade County Summer Youth Jobs Program in conjunction with the County's needs. The successful bidder shall furnish and provide all labor, materials, equipment, and transportation necessary to perform all operations in connection with the collection, sale, and recycling of toner, inkjet, and laser cartridges and submission of revenue payments to the County. No charges for any services in conjunction with the contract will be accepted by the County. Note to Bidders: This contract does not include purchases. 3.2 DEFINITIONS Toner Cartridge: Laser Cartridge: Inkjet Cartridge: Drum Unit: A self-contained, removable module that is inserted into a slot for use in printers, copiers and fax machines. The black powder, which is used in an electrostatic process by, laser printers, facsimiles and copy machines. Cartridges that supply ink for inkjet printers. The paper and ink output device of the printer. 3.3 CONTRACTOR'S CONTAINERS The successful bidder shall inspect the collection areas at the designated County pickup facilities to determine the size of empty containers to be delivered at each of the facility collection sites. In addition, the successful bidder shall place one container on each floor of the multi-story buildings in a location worked out in conjunction with the building manager. The successful bidder shall have fourteen (14) calendar days to deliver the initial shipment of containers to County's facilities after notification by the user agency. These containers will be used to collect the cartridges until they are picked up. Containers shall be picked up at deleted facilities or at the termination of the contract within seven (7) calendar days of the termination of service date. Containers not recovered/picked up within the allotted time frame will be considered abandoned by the vendor and become County property. Ownership of the containers used in this program remains with the vendor. It is the contractor's responsibility to place and maintain containers at the County's facilities. The vendor shall ensure a sufficient number of containers are available at each facility to eliminate problems with overflow and spillage. If full containers are removed by the vendor to facilitate processing, they shall be replaced by empty containers. The containers shall clearly be identified with the contractor's name and telephone number. Upkeep and maintenance of the containers shall be the responsibility of the vendor. - 4 - 368 MIAMI-DADE COUNTY SECTION 3 TECHNICAL SPECIFICATIONS BID NO.: 188091-0/18 TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES Spillage of any material at any collection site shall be immediately cleaned up by the vendor. 3.4 COLLECTION OF CARTRIDGES The successful bidder shall have forty-eight (48) hours to pick-up the containers from the County pickup facilities after notification by the County contact person or designee. In cases where the pickup will be delayed the successful bidder shall notify the requesting department contact. The department contact may negotiate a revised pickup schedule. The vendor shall be responsible for recycling of toner, inkjet, and laser cartridges that cannot be re-sold. The designated County pickup facilities are as follows: Department Address Pickup Location(s) Point of Service Miami-Dade Fire 9300 NW 41 Street Rescue Doral, FL 33178 1 Internal Services -980 W 84 Street County Store Hialeah, FL 33014 1 Miami-Dade Police 9111 NW 25 Street Doral, FL 33172 1 (rear of the complex) Park & Recreation -10775 SW 84 Street Kendall Warehouse Miami, FL 33173 1 Stephen P. Clark 11 O NW 3 Street Center (SPCC) Miami, FL 33128 30 Loading Dock (loadinq dock) Miami-Dade Aviation -4331 NW 22 Street Warehouse Miami, FL 33122 1 Building 3040 - (east side) Miami-Dade Water & 3071 SW 38 Avenue Sewer Miami, FL 1 (5th Floor) Clerk of Courts 140 West Flagler Street 16 1st Floor south Miami, FL side (1 51 Floor) Alexander Orr Water 6800 SW 87 Avenue Treatment Plant Miami, FL 33173 1 Regulatory & 11805 SW 26 Street, Economic Resources Suite 106 2 -Building and Miami, FL 33175 Neighborhood (Coral Way) Compliance - 5 - 369 MIAMI-DADE COUNTY SECTION 3 TECHNICAL SPECIFICATIONS BID NO.: 188091-0/18 TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES Department Address Pickup Location(s) Point of Service Regulatory & Overtown Transit Economic Resources Village 22 Overtown Transit 701 NW 1st Court, znd Village North Floor loading dock Miami, FL 33136 State Attorney's Office 1350 NW 12 Avenue Room N-448 5 West side loading Miami, FL dock Port Miami 1015 North America Way 2nd Floor 1 Miami, FL 33132 South Dade 1071 O SW 211 Street Government Government Center Cutler Bay, FL 33189 4 Center (basement) Data Processing 5680 SW 87 Avenue Data processing Miami, FL 33173 4 loadlng dock 3.5 MONTHLY PROJECT REPORTS By the twentieth (201h) of each month, the vendor shall submit a spreadsheet report reflecting the appropriate contract number, title, user agency and location(s), and the quantities for each type of cartridges collected during the prior month. The spreadsheet should indicate which used cartridges qualify for reimbursement showing the totals by type. A copy of the spread sheet shall be distributed to: Miami-Dade County Community Action and Human Services Department Overtown Transit Center 701 NW 1 SI Court, 1 oth Floor Miami, Florida 33136 Attn: Alberto Parjus, Bolanle Shorunke-Jean or Shirley Almeida and RER-Environmental Resources Management Attn: Herb Balfour, Chair Resource Conservation Committee 701 NW 1st Court, Suite 200 Miami, Florida 33136 Any information provided to the County is subject to audit by the County. Pertinent back-up information must be available upon County's request. All information should be transmitted as agreed upon by the parties. -6 - 370 MIAMI-DADE COUNTY SECTION 3 TECHNICAL SPECIFICATIONS BID NO.: 188091-0/18 TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES 3.6 MANUFACTURERS CARTRIDGES USED BY DEPARTMENTS The below listing is a representative sampling of existing cartridges used throughout the County. This list is not intended to be all-inclusive, and new manufacturer lines may be added or deleted as required by the County. Toner Cartridges; Ricoh, Canon, Xerox, Sharp, Toshiba Laser Cartridges; Brother, Canon, HP, IBM, Lexmark, Panasonic, Omnifax Inkjet Cartridges; HP, Canon, Brother, Epson, Lexmark, Xerox/Tektronic Drum Units; Sharp, Panasonic, Xerox, Brother, HP - 7 - 371 MIAMI-DADE COUNTY Submit Bid To: PROCUREMENT MANAGEMENT Vendor Assistance Section Stephen P. Clark Center 111NW151 Street, 13th Floor Miami, FL 33128-1983 SECTION 4 BID SUBMIITAL FORM MIAH•• !Bl~ BID N0.:188091-0/18 OPENING: 2:00 P.M. FRIDAY AUGUST 23, 2013 PLEASE QUOTE PRICES F.O.B. DESTINATION, FREIGHT ALLOWED, LESS TAXES, DELIVERED IN MIAMI-DADE COUNTY, FLORIDA. NOTE: Miami-Dade County is exempt from all taxes (Federal, State, Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: ISD/PM Date Issued: This Bid Submittal Consists of Ruth 8/14/13 Pages 8 through 13 & Laureano Affidavits Sealed bids subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference ln the Bid Submittal, will be received at the office of the Clerk of the Board at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES A Bid Deposit in the amount of N/A the total amount of the bid shall accompany all bids. A Performance Bond in the amount of N/A the total amount of the bid will be required upon execution of the contract by the successful bidder and Miami-Dade County. DO NOT WRITE IN THIS SPACE ACCEPTED NON-RESPONSIVE DATE B.C.C. ___ _ HIGHER THAN LOW NON-RESPONSIBLE NOBID ITEM NOS. ACCEPTED---------- COMMODITY CODE: 962-70 Procurement Contracting Associate: Ruth Laureano FIRM NAME ___________ _ RETURN ONE ORIGINAL AND TWO COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS. FAILURE TO SIGN THE BID SUBMITTAL FORM IN SECTION 4 WILL RENDER YOUR BID NON-RESPONSIVE. - 8 - 372 MIAMI-DADE COUNTY BID N0.:188091-0/18 SECTION4 BID SUBMITTAL FOR: TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES FIRM NAME:-------------------------- 4.1 COLLECTION OF CARTRIDGES _ _,,,_.,,,_.,,,_.,,,_.,,,_.,,,_.,,,,-.... ~-.,-·-_,-,,-, ·_· __ ·· __ ._. __ ._. __ ._·_: __ :·· .... ,.-· .. ::::: d,.:.J H.h , uri~ ~~tl~l1cm~1~!~~ Toner Cartridges 4,700 $ _____ /Ea. Laser Cartridges 3,500 $ ____ --/Ea. Inkjet Cartridges 800 $ ____ _./Ea. Drum Units 10 $ ____ /Ea. 4.2 List three verifiable references of Commercial or Governmental Agencies either ongoing or completed in the past two years as requested in, Section 2.3.1 Company Name: Address: Contact Person: Telephone Number: E-Mall Address Work Completed/ In Progress: -9 - 373 MIAMI-DADE COUNTY BID N0.:188091-0/18 SECTION 4 BID SUBMITTAL FOR: TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVICES FIRM NAME:-------------------------- Company Name: Address: Contact Person: Telephone Number: E-Mail Address Work Completed/ In Progress: Company Name: Address: Contact Person: Telephone Number: E-Mail Address: Work Completed/ In Progress: -10 - 374 MIAMl·DADE COUNTY BID NO.: 188091-0/18 SECTION4 BID SUBMITTAL FOR: TONER, INKJET, AND LASER CARTRIDGE RECYCLING SERVlCES . ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PARTI: LIST BELOW THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated----------- Addendum #2, Dated __________ _ Addendum #3, Dated __________ _ Addendum '1#4, Dated __________ _ Addendum #5, Dated----------- Addendum #6, Dated----------- Addendum #7, Dated----------- Addendum #8, Dated __________ _ PART II: 0 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME:----------------------- AUTHORIZED SIGNATURE:-----------DATE: ____ _ TITLE OF OFFICER: _____________ _ -11 - 375 MIAMI-DADE COUNTY BID N0.:188091-0/18 MIAH. rflB BID SU BM ITT AL FORM Bid Title: Toner, Inkjet, And Laser Cartridge Recycling Services By signing this Bid Submittal Form the Bidder certifies that it satisfies all legal requirements (as an entity) to do business with the County, including all Conflict of Interest and Code of Ethics provisions in Section 2-11 of the Miami-Dade County Code. Any County employee or member of his or her immediate family seeking to contract with the County shall seek a conflict of interest opinion from the Miami-Dade County Ethics Commission prior to submittal of a Bid response or application of any type to contract with the County by the employee or his or her immediate family and file a copy of that request for opinion and any opinion or waiver from the Board of County Commissioners with the Clerk of the Board. The affected employee shall file with the Clerk of the Board a statement in a form satisfactory to the Clerk disclosing the employee's interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract at the same time as or before submitting a Bid, response, or application of any type to contract with the County. Also a copy of the request for a conflict of interest opinion from the Ethics Commission and any corresponding opinion, or any waiver issued by the Board of County Commissioners, must be submitted with the response to the solicitation. In accordance with Sec. 2-11.1(s) of the County Code as amended, prior to conducting any lobbying regarding this solicitation, the Bidder must file the appropriate form with the Clerk of the Board stating that a particular lobbyist is authorized to represent the Bidder. Failure to file the appropriate form in relation to each solicitation may be considered as evidence that the Bidder is not a responsible contractor. The Bidder confirms that this Bid is made without prior understanding, agreement. or connection with any corporation, firm, or person submitting a Bid for the same goods and/or services and in all respects is without collusion, and that the Bidder will accept any resultant award. Further, the undersigned acknowledges that award of a contract is contingent upon vendor registration. Failure to register as a vendor within the specified time may result in your firm not being considered for award. Pursuant to Miami-Dade County Ordinance 94-34, any individual, corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has beeri convicted of a felony during the past ten (10} years shall disclose this information at the time of bid or proposal submission. D Place a check mark here only if bidder has such conviction to disclose. By executing this proposal through a duly authorized representative, the proposer certifies that the proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. Jn the event that the proposer is unable to provide such certification but still seeks to be considered for award of this solicitation, the proposer shall execute the proposal through a duly authorized representative and shall also initial this space: . In such event, the proposer shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287 .135 of the Florida Statutes. The proposer agrees to cooperate fully with the County in any investigation undertaken by the County to determine whether the claimed exception would be applicable. The County shall have the right to terminate any contract resulting from this solicitation for default if the proposer is found to have submitted a false certification or to have been placed on the Scrutinized Companies for Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. LOCAL PREFERENCE CERTIFICATION: For the purpose of this certification, a "local business" is a business located within the limits of Miami-Dade County (or Broward County in accordance with the lnterlocal Agreemerit between the two counties) that conforms with the provisions of Section 1.10 of the General Terms and Conditions of this solicitation and contributes to the economic development of the community in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities and the support and increase to the County's tax base. D Place a check mark here only if affirming bidder meets requirements for Local Preference. Failure to complete this certification at this time (by checking the box above) may render the vendor ineligible for Local Preference. LOCALLY-HEADQUARTERED BUSINESS CERTIFICATION: For the purpose of this certification, a "locally-headquartered business" is a Local Business whose "principal place of business" is in Miami-Dade County, as defined in Section 1.10 of the General Terms and Conditions of this solicitation. D Place a check mark here only if affirming bidder meets requirements for the Locally·Headquartered Preference (LHP). Failure to complete this certification at this time (by checking the box above) may render the vendor ineligible for the LHP. The address of the locally-headquartered office is ________________ _ -12 - 376 Revised 11 /6/12 Version 12 MIAMI-DADE COUNTY BID N0.:188091-0/18 MIAM. tmmi BID SUBMITTAL FORM LOCAL CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE CERTIFICATION: A Local Certified Service-Disabled Veteran Business Enterprise is a firm that is (a) a local business pursuant to Section 2-8.5 of the Code of Miami-Dade County and (b) prior to bid submission is certified by the State of Florida Department of Management Services as a service-disabled veteran business enterprise pursuant to Section 295.187 of the Florida Statutes. 0 Place a check marll here only if affinning bidder is a Local Certified Service-Disabled Veteran Business Enterprise. A copy of the certification must be submitted with this proposal. COUNTY USER ACCESS PROGRAM (UAP): Joint purchase and entity revenue sharing program For the County's information, the bidder is requested to indicate, at 'A' and 'B' below, its general interest in participating in the Joint Purchase Program of the County User Access Program (UAP) described in Section 1.35 of this contract solicitation, if that section is present in this solicitation document. Bidder participation in the Joint Purchase portion of the UAP is voluntary, and the bidder's expression of general interest at 'A' and 'B' below is for the County's information only and shall not be binding on the bidder. A. If awarded this County contract, would you be interest in participating in the Joint Purchase portion of the UAP with respect to other governmental, quasi-governmental or not-for-profit entities located within the geographical boundaries of Miami-Dade County? Yes ___ _ No ____ _ B. If awarded this County contract, would you be interested in participating in the Joint Purchase portion of the UAP with respect to other governmental, quasi-governmental or not-for-profit entities located outside the geographical boundaries of Miami-Dade County? Yes ___ _ No ____ _ Firm Name:---------------------------------- Street Address:-------------------------------- Mailing Address (if different):---------------------------- Telephone No.: ______________ _ Fax No.:------------- Email Address:---------------FEIN No. _l_-_l_l_l_l_I_!_ Prompt Payment Terms: __ % __ days net __ days (Please see paragraph 1.2 Hof General Terms and Conditions) Signature: (Signature of authorized agent) *"By signing this document the bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract." Print Name: ______________ _ Title: _____________ _ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE COUNTY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. -13 - 377 Revised 11/6/12 Version 12 MIAMI-DAD. tl•l1Uii1 APPENDIX AFFIDAVITS INFORMAL BIDS 378 MIAMI----Miami-Dade County Internal Services Department Procurement Management Division Affirmation of Vendor Affidavits In accordance with Ordinance 07-143 amending Section 2-8.1 of the Code of Miami-Dade County, effective June 1, 2008, vendors are required to complete a new Vendor Registration Package, including a Uniform Affidavit Packet (Vendor Affidavits Form), before being awarded a new contract. The undersigned affirms that the Vendor Affidavits Form submitted with the Vendor Registration Package is current, complete and accurate for each affidavit listed below. Contract No. : Federal Employer ------------Identification Number (FEIN): Contract Title: Affidavits and Legislation/ Governing Body r 1 -Miami-Dade County Ownership Disclosure Sec 2-8.1 of the CountyCode 2. Miami-Dade County Employment Disclosure ! 6. I Miami-Dade County Vendor Obligation to County I Section 2-8.1 of the County Code 7. Miami-Dade County Code of Business Ethics County Ordinance No. 90-133. amending Section 2 B-1 (d)(2) of the County Code I Article 1. Section 2-8. l(i) and 2-11(b)(1) of the County Code through (6) and (9) of the County I Coda and County OrdiniJflce No 00-1 amending Section 2-11.1(c) of the County Code 3. , Miami-Dade County Employment Drug-free Workplace I Certification I Section 2-8.1.2(b) fthe c_ou_n_ly_Cod_e __ _ 4. I[ Miami-Dade County Disability Non-Discrimination Article 1. Section 2-8.1.5 Resolution R182-00 amending : R-385-95 5. Miami-Dade County Debarment Disclosure j Section 10.38 of the County Code ------- Printed Name of Affiant Name of Firm Address of Firm ----j-8.__,i,__M-iami-Dade County Family Leave -------e i I Article V of Chapter 11 of the County Code ' I iami-Dade Count}-Living Wage ct1on 2-8.9 of the County Code ------iami-Dade County Domestic Leave and Reporting ' I Article 8, Section 11A-6011A-67 of/he County Code ' i Printed Title of Affiant Signature of Affiant Date State Zip Code Notary Public Information Notary Public -State of ___________ County of Subscribed and sworn to (or affirmed) before me this _____ day of, 20 by He or she is personally known to me D or has produced identification D Type of identification produced Signature of Notary Public Serial Number Print or Stamp of Notary Public Expiration Date Notary Public Seal Page 1 of 3 379 FAIR SUBCONTRACTING PRACTICES (Ordinance 97-35) In compliance with Miami-Dade County Ordinance 97-35, the Bidder shall submit with the bid proposal a detailed statement of its policies and procedures (use separate sheet if necessary) for awarding subcontractors in accordance with Section 1, Paragraph 1.15 0 NO SUBCONTRACTORS WILL BE UTILIZED FOR THIS CONTRACT Signature Date Page 2 of 3 380 SUBCONTRACTOR/SUPPLIER LISTING (Miami-Dade County Code Sections 2-8.1, 2-8.8 and 10-34) Name of Proposer: _______________ _ FEIN No. ___________ _ In accordance with Sections 2·8.1, 2-8.8 and 10.34 of the Miami-Dade County Code, this form must be submitted as a condition of award by all Proposers on County contracts for purchase of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all Proposers on County or Public Health Trust construction contracts which involve expenditures of $100,000 or more. The Proposers who is awarded this contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified, except upon written approval of the County. The Proposers should enter the word "NONE" under the appropriate heading of this form if no subcontractors or suppliers will be used on the contract and sign the form below. In accordance with Ordinance No. 11-90, an entity contracting with the County shall report the race, gender and ethnic origin of the owners and employees of all first tier subcontractors/suppliers. In the event that the recommended Pro11oser demonstrates to the Count}'. 1:1rior to award that the race, gender, and ethnic information is not reasonably available at that time, the Pro1:1oser shall be obligated to exercise diligent efforts to obtain that information and 1:1rovide the same to the Coun!J'. not later than ten (1 O} dats after it becomes available and, in ant event, 1:1rior to final 11ayment under the contract. (Please duplicate this form if additional space is needed.) Principal Owner Employee(s) (Enter the number of male and female owner.; by (Enter the number of male and race/ethnicity) female employees and the number of emi lovees bv racelethnicltvl Scope of Work to Gender Race/Ethnicity Gender Race/Ethnicity Business Name and Address Principal be Performed by of First Tier Subcontractor/ Subconsultant Owner Subcontractor/ cc: I!:! c: c: u ... .. ..... Subconsultant u ~ ... -~..:.: u ~~ ·~= -.. .l!! -"" ·= 0 .. ..... -~ "" ·= i;; <> .. ... .,, ~:(( .. <> .. e-M F :;: ... c. (L c: 5 M F .&:; .. a. 1~ <( <( .&:; :!:: as .!I! C..!! i:! :!:: as .. "' ~ 0 :I: .!!!.!I! :c "' >-=o <( -... ., ... ~:z .z ::z Principal Owner Employee(s) (Enter the number of male and female owners by (Enter the number of male and female employees and the number race/ethnicity) of emDlovees bv race/ethnicitvl Supplies/Material Gender Race/Ethnicity Gender Race/Ethnicity Business Name and Address Principal s/Services to be of First Tier Direct Supplier Owner Provided by <> C! c Ii cc -~~ ..... Supplier £ !E ._ 0 .~..::.r::: -"' .l!! .... c u .. "'.!!! i;; ~ ... ·;::: "'"' u .. ~.,, E < M F u ~ ~ :(( .. M F :;:: .. c. c .i 5 & ... 5 :!:: iii "' <( .. :!:: iii VI "' :c ·a.!! ~ .~ :c ~ .2: <( .... ~fti .z ::z .z :z J Mark here if race, gender and ethnicity information is not available and will be provided at a later date. This data may be submitted to contracting department or on· line to tile Small Business Development of the Department of Regulatory and Economic Resources at http://www.miamidade.gov/business/business-development· contracts.asp. As a condition of final payment, Proposer shall provide subcontractor information on the Subcontractor Payment Report Sub 200 form which can be found at http://www.miamidade.gov/business/librarylformslsubcontractors-payment.pdf. I certify that the representations contained in this Subcontractor/Supplier listing are to the best of my knowledge true and accurate. Signature of Proposer Print Name Print Title Date Page 3 of 3 381 THIS PAGE INTENTIONALLY LEFT BLANK 382 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving The Recommendation Of The Flooding Mitigation Committee To Amend The Stormwater Management Master Plan (Commission Adopted November 14, 2012) By Modifying The Design Criteria For The Tailwater Elevation From 0.5 Ft-NAVO To 2.7 Ft-NAVO For All Tidal Boundary Conditions. Ke Intended Outcome Su orted: Item Summary/Recommendation: At its January 28, 2014 meeting, the Flooding Mitigation Committee unanimously voted to recommend changing the Stormwater Management Master Plan (Commission adopted November 14, 2012) tailwater elevation design criteria from 0.5 ft-NAVO to 2.7 ft-NAVO for all tidal boundary conditions. The tailwater elevation design criteria approved in the Stormwater Management Master Plan is 0.5 feet-NAVD. The discussion and formulation of this criteria was accomplished during the January 21, 2014 meeting of the mayor's Blue Ribbon Panel on Flooding. The Panel discussion suggested working with peak tidal values rather than mean values. A peak tidal elevation of 2.1 ft-NAVO was selected based upon historical data. An additional 7 inches of projected sea level rise based upon data published by the United States Army Corp of Engineers (ACOE) was added to the 2.1 to reach a final figure of 2.7 NAVO. The Public Works Department recommends approval of this new tailwater design criteria of 2.7 NAVO based upon peak historical tidal values and published ACOE data regarding sea level rise as the next step in our ongoing efforts to combat flooding within the City of Miami Beach. Currently there are three (3) neighborhoods in active construction: Central Bayshore (70% complete), Lake Pancoast (95% complete), and Venetian Islands (10% complete). A Design-Build contract has been awarded for Lower North Bay Road neighborhood. The Palm & Hibiscus Islands Neighborhood is currently in the negotiation process for Design-Build Services. This new criteria may have a significant impact on the design and construction of the above referenced projects. The City shall determine if these criteria shall be applicable to these projects THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: OBPI 1 2 Total Financial Impact Summary: Based upon some very preliminary estimates, the Public Works Department believes this would add approximately $150M -$200M to the cost of the roadway and neighborhood stormwater improvements above the funding requirements already identified by the Stormwater Management Master Plan. An additional 30-40 pump stations will be required, which will also raise issues of the location in neighborhoods. City Clerk's Office Legislative Tracking: ETC T:\AGENDA MIAMI BEACH 383 AGENDA ITEM --,.C_7...,__/( ........... _ DATE rJ-ft?:~/V ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Members of he City clmmission Jimmy L. Morales, City Manager ~ February 12, 2014 A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING HE RECOMMENDATION OF THE FLOODING MITIGATION COMMITTEE TO AMEND THE STORMWATER MANAGEMENT MASTER PLAN (COMMISSION ADOPTED NOVEMBER 14, 2012) BY MODIFYING THE DESIGN CRITERIA FOR THE TAILWATER ELEVATION FROM 0.5 FT-NAVO TO 2.7 FT-NAVO FOR ALL TIDAL BOUNDARY CONDITIONS. BACKGROUND At its January 28, 2014 meeting, the Flooding Mitigation Committee unanimously voted to recommend changing the Stormwater Management Master Plan (Commission adopted November 14, 2012) tailwater elevation design criteria from 0.5 ft-NAVO to 2.7 ft-NAVO for all tidal boundary conditions. The tailwater elevation design criteria approved in the Stormwater Management Master Plan is 0.5 feet-NAVO. The discussion and formulation of these criteria was accomplished during the January 21, 2014 meeting of the mayor's Blue Ribbon Panel on Flooding. The Panel discussion suggested working with peak tidal values rather than mean values. A peak tidal elevation of 2.1 ft-NA VD was selected based upon historical data. An additional 7 inches of projected sea level rise based upon data published by the United States Army Corp of Engineers (ACOE) was added to the 2.1 to reach a final figure of 2.7 NAVO. The Public Works Department recommends approval of this newtailwater design criteria of 2.7 NAVO based upon peak historical tidal values and published ACOE data regarding sea level rise as the next step in our ongoing efforts to combat flooding within the City of Miami Beach. ANALYSIS Currently there are three (3) neighborhoods in active construction: Central Bayshore (70% complete), Lake Pancoast (95% complete), and Venetian Islands (10% complete). A Design-Build contract has been awarded for Lower North Bay Road neighborhood. The Palm & Hibiscus Islands Neighborhood is currently in the negotiation process for Design-Build Services. This new criteria may have a significant impact on the design and construction of the above referenced projects. The City shall determine if these criteria shall be applicable to these projects. FINANCIAL IMPACT Based upon some very preliminary estimates, the Public Works Department believes this would add approximately $150M -$200M to the cost of the roadway and neighborhood stormwater improvements above the funding requirements already identified by the Stormwater Management Master Plan. An additional 30-40 pump stations will be required, which will also raise issues of the location in neighborhoods. CONCLUSION The Administration recommends adoption of the Resolution. JJ/J JLMl~JflDM/BAM/DS T:\AGENDA\2014\February\Tailwater elevation. Memo.doc 384 RESOLUTION TO BE SUBMITTED 385 THIS PAGE INTENTIONALLY LEFT BLANK 386 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Waiving Space Rental Charges At The Colony Theatre, For The Miami Herald Media Company's Screening Of "The Day It Snowed In Miami" A Feature Length Documentary By Joe Cardona On March 4, 2014. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The Day It Snowed in Miami, is a chronology of the gay rights movement, which examines (through primary source interviews with the protagonists) the events of 1977 that created the political chasm that many feel is still prominent today. The feature-length film by Joe Cardona in association with the Miami Herald Media Company (Miami Herald) and WPBT2, is the second film the Miami Herald Media Company is collaborating on with Mr. Cardona. The first --"Nou Bouke: Haiti's Past, Present and Future" following the devastating 2010 disaster -was honored with an Emmy Award (2011 ). Joe Cardona was born in San Juan, Puerto Rico (of Cuban parents) on "all saints' day" 1967. He has directed 15 feature length documentaries, among them the Emmy Award-winning "Nou Bouke," named after the Creole term, "We're Tired." Thirteen of these documentaries have aired on WPBT2 and PBS affiliates throughout the United States as well as various outlets throughout Europe and Latin America. Joe has also directed, produced and written two feature films, Water, Mud and Factories and Bro. Both films have traveled the world through film festivals and the film Bro was been awarded the prestigious Flickapalooza Film Festival's "Best Screenplay" (2001) award. The Day It Snowed In Miami -Cocktail Reception and Film Screening will be held at the Colony Theatre on Tuesday, March 4, 2014. In exchange for the rental fee waiver, the Miami Herald Event will provide the City and Colony Theatre with sponsorship benefits valued at over $100,000.00. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The space rental charges valued at $1, 100. City Clerk's Office Legislative Tracking: I Max Sklar Assistant City Manager ./ AGENDA ITEM _e_7_L __ MIAMI BEACH 387 DATE ;2-/2-/(/ (9 MIAMI BEACH City of Mic:imi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miarnibeachfl.gov MMISSION MEMORANDUM TO: Honorable Mayor Philip Levine an of the City Commission FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING SPACE RENTAL CHARGES AT THE COLONY THEATRE, FOR THE MIAMI HERALD MEDIA COMPANY'S SCREENING OF "THE DAY IT SNOWED IN MIAMI" A FEATURE LENGTH DOCUMENTARY BY JOE CARDONA ON MARCH 4, 2014. BACKGROUND The Day It Snowed in Miami, is a chronology of the gay rights movement, which examines (through primary source interviews with the protagonists) the events of 1977 that created the political chasm that many feel is still prominent today. The feature-length film by Joe Cardona in association with the Miami Herald Media Company (Miami Herald) and WPBT2, is the second film the Miami Herald Media Company is collaborating on with Mr. Cardona. The first --"Nau Bouke: Haiti's Past, Present and Future" following the devastating 2010 disaster -was honored with an Emmy Award (2011 ). Joe Cardona was born in San Juan, Puerto Rico (of Cuban parents) on "all saints' day" 1967. He has directed 15 feature length documentaries, among them the Emmy Award-winning "Nau Bouke," named after the Creole term, "We're Tired." Other films by Mr. Cardona have dealt with issues of cultural identity and Cuban history. Among them: Adios Patria, Cafe con Leche, The Flight of Pedro Pan, Jose Marti: Legacy of Freedom, Havana: Portrait of Yesteryear, Honey Girl, White Elephant, and Celia the Queen. Thirteen of these documentaries have aired on WPBT2 and PBS affiliates throughout the United States as well as various outlets throughout Europe and Latin America. Mr. Cardona has also directed, produced and written two feature films, Water, Mud and Factories and Bro. Both films have traveled the world through film festivals and the film Bro was been awarded the prestigious Flickapalooza Film Festival's "Best Screenplay" (2001) award. The Day It Snowed In Miami -Cocktail Reception and Film Screening will be held at the Colony Theatre on Tuesday, March 4, 2014. In exchange for the rental fee waiver, the Miami Herald Event will provide the City and Colony Theatre with the following sponsorship benefits: • The Colony Theatre and the City of Miami Beach will receive logo inclusion in the fallowing ad schedule. Artwork: 3 columns x 10.5 (5.04 inches x 10.5 inches) color ads in Miami Herald and el Nuevo Herald as follows: o Miami Herald Section el Nuevo Herald Section o Sunday 2/16 Tropical Life Main o Wednesday 2/19 Main Locales o Friday 2/21 Weekend Viernes 388 City Commission Meeting The Day It Snowed In Miami -Colony Theater Fee Waivers February 12, 2014 o Sunday 2/23 Main Galeria o Wednesday 2/26 Tropical Life Viva Mas o Friday 2/28 Weekend Viernes o Sunday 3/02 Tropical Life Main o Monday 3/03 Main Main o Tuesday 3/04 Main Main • Onsite at Event Screening Page2 o Opportunity to host a display table with Colony Theatre and City of Miami Beach collateral o Opportunity to distribute goody bags/premiums to all participants o Opportunity to have a Colony Theatre and City of Miami Beach executive address participants during welcome remarks prior to screening • Film Credit o Inclusion in the crawl o Banner in sponsor thank you slides Promotional Schedule and Event Sponsor Benefits Value: Over $100,000.00 RECOMMENDATION The City Administration recommends waiving space rental charges valued at $1 , 100 at the Colony Theatre for the Miami Herald Media Company's screening of "The Day it Snowed In Miami" a feature length documentary by Joe Cardona on March 4, 2014. JLM/KGB/(~Jn. T:'AGENDA\2~:ruary\Miami Herald Colony Theater Waiver Reso Memo doc.docx 389 RESOLUTION TO BE SUBMITTED 390 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute A Maintenance Memorandum Of Agreement With The Florida Department Of Transportation (FOOT) For The Maintenance Of Hardscape Improvements At The West Side Of The Intersection Of Collins Avenue And Lincoln Road Related To Right Of Way Infrastructure Improvement Proqram City Center Neighborhood #9C (Lincoln Road) Project. Kev 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, etc.): The 2012 Customer Satisfaction Survey indicated that over 81 % of residents rated recently completed capital improvement projects as "excellent" or "good". Issue: I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: The ROW Infrastructure Improvement Program City Center Neighborhood# 9C Project is to provide for the restoration and enhancement of streetscapes and infrastructure consisting of: potable water, storm drainage, hardscape, landscaping, irrigation and lighting systems. On November 17, 2010, the City Commission approved the award of the construction contract to M. Vila & Associates, Inc., (M. Vila), pursuant to Invitation to Bid No. 25-09/10, for Right of Way infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road). On March 17, 2011 and April 27, 2011, Notice to Proceed (NTP) numbers 1 and 2 were issued to M. Vila, the general contractor for the project, with the anticipated project substantial completion of September 2011. Notices of delay, Non-performance and intent to terminate were sent to M. Vila, from June 8, 2011 through May 4, 2012. On July 2012, M. Vila closed its business. On October 2012, the City entered into an agreement with the bonding company, Sure Tee Insurance Company, to complete the remaining work. The project included resurfacing of the Collins Avenue and Lincoln Road intersection and construction of a brick paver crosswalk on the west side of this intersection. The City is responsible to maintain the brick paver crosswalk, which is located within FOOT right-of-way. FDOT has required the City to enter into and execute a Maintenance Memorandum of Agreement (MMOA) (see attached) for maintenance of the constructed brick paver crosswalk. The MMOA (attached) has been reviewed by City staff and finalized. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: OBPI Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin David Martinez, Ext. 6972 MIAMI BEACH 391 Account AGENDA ITEM _C_7_J\1 __ DATE J.-f.J.-/'f (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AU HORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE MAINTENANCE OF HARDSCAPE IMPROVEMENTS AT THE WEST SIDE OF THE INTERSECTION OF COLLINS AVENUE AND LINCOLN ROAD RELATED TO RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER NEIGHBORHOOD #9C (LINCOLN ROAD) PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING No funding is needed. BACKGROUNG The ROW Infrastructure Improvement Program City Center Neighborhood # 9C Project is to provide for the restoration and enhancement of streetscapes and infrastructure consisting of: potable water, storm drainage, hardscape, landscaping, irrigation and lighting systems. On November 17, 2010, the City Commission approved the award of the construction contract to M. Vila & Associates, Inc .. (M. Vila), pursuant to Invitation to Bid No. 25-09/10, for Right of Way infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road). On March 17, 2011 and April 27, 2011, Notice to Proceed (NTP) numbers 1 and 2 were issued to M. Vila, the general contractor for the project, with the anticipated project substantial completion of September 2011. Notices of delay, Non-performance and intent to terminate were sent to M. Vila, from June 8, 2011 through May 4, 2012. On July 2012, M. Vila closed its business. On October 2012, the City entered into an agreement with the bonding company, Sure Tee Insurance Company, to complete the remaining work. This project is ninety (90%) percent complete. The remaining work consists of: milling and resurfacing the intersection of Lincoln Road and Collins Avenue, and addressing some punch list work. Collins Avenue is a major arterial roadway; owned and maintained by the Florida Department of Transportation (FOOT). Any work on their facilities is subject to issuance of a permit by FOOT. 392 Commission Memorandum -Maintenance Memorandum of Agreement with the Florida Department of Transportation Page 2 The project included resurfacing of the Collins Avenue and Lincoln Road intersection and construction of a brick paver crosswalk on the west side of this intersection. The City is responsible to maintain the brick paver crosswalk, which is located within FDOT right-of-way. FOOT has required the City to enter into and execute a Maintenance Memorandum of Agreement (MMOA) (see attached) for maintenance of the constructed brick paver crosswalk. The MMOA (attached) has been reviewed by City staff and finalized. In summary, this project provides the necessary enhancement and beautification for the area. The brick paver crosswalk provides a roadway infrastructure upgrade with a safe and attractive pedestrian pathway that is consistent with the neighborhood's Basis of Design Report (BOOR). CONCLUSION The Administration recommends that the City Commission authorize the Mayor and City Clerk to execute a Maintenance Memorandum of Agreement with the Florida Department of Transportation (FOOT) for the maintenance of hardscape improvements at the west side of the intersection of Collins Avenue and Lincoln Road related to right of way infrastructure improvement program City Center Neighborhood #9C (Lincoln Road) project. Attachment: Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FOOT) JM/MT/DM/EC T:\AGENDA\2014\February\CENTER NEIGHBORHOOD #9C (LINCOLN ROAD\City Center 9C-FOOT MMOA memo doc 393 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE MAINTENANCE OF HARDSCAPE IMPROVEMENTS AT THE WEST SIDE OF THE INTERSECTION OF COLLINS AVENUE AND LINCOLN ROAD RELATED TO RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER NEIGHBORHOOD #9C (LINCOLN ROAD) PROJECT. WHEREAS, on November 17, 2010, the City Commission approved the award of the construction contract to M. Vila & Associates, Inc., pursuant to Invitation to Bid No. 25-09/10, for Right of Way infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road); and WHEREAS, the Project is 90% complete; except the re-paving of the Collins Avenue and Lincoln Road intersection; and this work requires obtaining a permit from Florida Department of Transportation (FOOT); and WHEREAS, this Project also consisted of construction of a brick paver crosswalk at the west leg of Lincoln Road and Collins Avenue, and the cross walk has been constructed; and WHEREAS, FOOT requires execution of a Maintenance Memorandum of Agreement (MMOA) for the maintenance of the constructed brick paver crosswalk by the City. 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 the Maintenance Memorandum of Agreement and for the Administration to take such actions as are provided for in the Agreement to comply with its terms. PASSED AND ADOPTED THIS ___ DAY OF ____ 2014. ATTEST: Ralph Granado CITY CLERK 2);l1H Toi.fl- Philip Levine MAYOR T:\AGENDA\2014\February\CENTER NEIGHBORHOOD #9C (LINCOLN ROAD\City Center Bid Paclage 9C -FOOT MMOA Reso rev.doc 394 FLORIDA DEPARTMENT OF TRANSPORTATION DECORATIVE PAVER CROSSWALK MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into on , 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. A. RECITALS: The DEPARTMENT has jurisdiction AlA/Collins Avenue/Section 87060, the limits of the CITY; and over State Road (S.R.} which is located within B. The CITY, pursuant to Construction Agreement # 2013 C 691 13, has drafted design plans for beautification improvements on S .R. AlA/Collins Avenue/Section 87060 at Station 85+80, the limits of which are described in the attached Exhibit 'A' (the PROJECT LIMITS), which by reference shall become a part of this AGREEMENT; and C. The CITY will install a decorative paver crosswalk in accordance with the design plans for Construction Agreement # 2013 C 691 13(the "Project"); and D. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party with regards to the maintenance of the decorative paver crosswalk installed pursuant to the Project; and E. The CITY, by Resolution No. dated attached hereto as Exhibit 'B', which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the parties covenant and agree as follows: 1. RECITALS Maintenance Memorandum of Agreement betvveen Florida Department of Transportation and City of Miami Beach Page 1of10 395 The recitals in this AGREEMENT are true and are incorporated herein by reference and hereof. 2. DEPARTMENT RESPONSIBILITIES correct, made a and part The PARTIES agree shall constitute responsibilities crosswalk to the issuance of the CITY. that the execution of this AGREEMENT an assignment of all maintenance pertaining to the decorative paver CITY in perpetuity upon the Department's executed Construction Agreement to the 3. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the decorative paver crosswalk in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. The CITY'S maintenance obligations shall include but not be limited to: a) Sweep the decorative paver crosswalk periodically to keep it free of debris and to maintain an aesthetically pleasing condition. A light pressure washing may be necessary for heavy stain removal or cleaning. b) Remove and proper 1 y decorative pavers. dispose of litter from c) Maintain and make repairs to the decorative pavers to prevent safety hazards for those using or intending to use the pedestrian crossing. d) For any routine repairs or replacement due to noticeable color scarring or surface deterioration of the crosswalk pavers, the product authorized installer should be contacted. e) The CITY shall conduct annual condition surveys of the pavers for gaps, settlement, drop-offs, and other deficiencies for the life of the adjacent pavement. f) Gaps within the pavers shall not exceed a quarter (1/4) of an inch. g) Differential settlement within the pavers shall not exceed a quarter (0.25) of an inch in depth. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 2 of 10 396 h) Ensure that no edge drop-offs adjacent to the pavers exist greater than two inches (2") measured to the adjacent areas. Restored areas must have no greater than one inch (l") drop-off. i) When remedial action is required in accordance with the above requirements, the CITY at its own expense shall complete all necessary repairs within thirty (30) days of the date the deficiency is identified to or by the CITY. The CITY shall submit all services logs, inspections and surveys to the DEPARTMENT Warranty Coordinator annually as required in the above maintenance responsibilities. The DEPARTMENT may, at its sole discretion, perform periodic inspection of the decorative paver crosswalk to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The DEPARTMENT shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this Agreement. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. 4. MAINTENANCE DEFICIENCIES If at any time it shall come to the attention of the DEPARTMENT that the CITY's responsibilities, as established herein, are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to notify the CITY of the maintenance deficiencies. From the date of receipt of the notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not period, the DEPARTMENT may, follows: corrected within this time at its option, proceed as a) Maintain the decorative paver crosswalk, or a part thereof and invoice the CITY for expenses incurred; or b) Terminate this Agreement in accordance with Section 7, remove any or all the decorative paver crosswalk Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 3of10 397 located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal. 5. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attn: District Maintenance Engineer To the CITY: City of Miami Beach with copy to: 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Public Works Director Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE DECORATIVE PAVER CROSSWALK a) The Parties agree that the decorative paver crosswalk addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT' s sole discretion. In the event that the DEPARTMENT relocates or adjusts the decorative paver crosswalk, the CITY'S maintenance responsibilities will survive the relocation or adjustment, as long as the decorative paver crosswalk remains within the PROJECT LIMITS. 7 . TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: a) By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the Maintenance Memorandum of Agn:emcnt between Florida Department of Transportation and City of Miami Beach Page 4of10 398 thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. b) In accordance with Section 287.058(1)c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. c) If mutually agreed to by both Parties, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. 8. TERMS a) The effective date of upon execution by the continue in perpetuity forth in Section 7. this AGREEMENT shall commence PARTIES. This AGREEMENT shall or until termination as set b) E-Verify The CITY I Contractors or Vendors: i. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and ii. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this AGREEMENT. c) This writing embodies the entire agreement and understanding between the parties hereto and there are Maintenance Memorandum of Agreement between Florida Department of Transportation and City of:Vliami Beach Page 5of10 399 no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. d) This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. e) This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. f) Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. g) A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this agreement. h) The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. i} No term or interpreted Party or provision. provision of this AGREEMENT shall for or against either Party because its legal representative drafted be the the j) The DEPARTMENT is a state agency, self-insured and subject to the provisions of Section 7 68. 28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 9. INDEMNIFICATION Subject amended to Section from time 768.28, Florida to time, the Statutes, as may be CITY shall promptly Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 6of10 400 indemnify, defend, save and hold harmless the DEPARTMENT, its off ice rs, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorney's fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to this AGREEMENT, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence of the DEPARTMENT. The CITY's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY' s receipt of the DEPARTMENT' s notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT's failure to notify the CITY of a claim shall not release the CITY of the above duty to def end and indemnify the DEPARTMENT. The CITY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The CITY' s evaluation of liability or its inability to evaluate liability shall not excuse the CITY'S duty to def end and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was solely negligent shall excuse performance of Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 7of10 401 this provision by the CITY. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: BY:~~~~~~~~~~~~ CITY Mayor ATTEST:~~~~~~~~~<SEAL) CITY Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: District Director of Transportation Operations Executive Secretary LEGAL REVIEW: APPROVED AS TO FORM, LANGUAGE AND FOR EXECUTION District Chief Counsel Maintenance Memorandum of Agreement bttween Florida Department of Transportation and City ofMianu Beach Page 8of10 402 EXHIBIT 'A ' PROJECT LIMITS Below are the limits of the decorative pavers to be maintained under this AGREEMENT. State Road Number: S.R. AlA/Collins Avenue/Section 87060 Agreement Limits: Station 85+80 County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 9 of IO 403 EXHIBIT 'B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 10 of IO 404 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 Change Order No. 1 To Lanzo Construction Co. Florida, For The Purchase And Installation Of Automatic Meter Readers For The Venetian Islands Bid Package 13C Right-Of-Way Infrastructure Improvement Project, In The Amount Of $195,532 Plus $19,553 For Contingency; For A Total Cost Of $215,085 From Previously Appropriated Funds From 423 -Gulfbreeze 2006 Fund. 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, etc.): The 2012 Customer Satisfaction Survey indicated that over 81 % of residents rated recently completed capital improvement projects as "excellent" or "good". Issue: I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: As an initiative to streamline their meter reading process, Public Works Department requested that the existing water meters be replaced with Automatic Meter Readers (AMR), during the installation of the new water mains. The meters should have the ability to be remotely read so as not to require the physical inspection of the meter to obtain the reading. The AMR will reduce personnel costs associated with routine readings and improve customer service as future reading could be instantaneous. The AMR reduces personnel meter reading time by 70%. This type of system has the capability of being read either from a vehicle or via a fixed network of antennas. Currently, the proposed AMR technology will receive data via a hand held device which will be used for downloading readings to a computerized billing system. It will largely eliminate the need for estimated bills. Since it is an automated system, the AMR eliminates the need for meter reading personnel to visit customer properties. In addition, it allows the reading of the meters without requiring physical access to the meter which very often is located behind fences and gates, requiring coordination for access to the private property by City staff. Lanzo Construction submitted the price proposal in the amount of $195,532 (Attachment A) to furnish and install the required automatic meter readers. The Engineer of Record, Schwebke, Shishkin & Associates (SSA), estimated that the probable construction cost for this work was $213,530, therefore, the price proposal was acceptable. Schwebke, Shishkin & Associates provided their assessment of the cost and submitted their recommendation letter stating that the price proposal submitted by Lanzo was fair and reasonable (see Attachment B). City staff also reviewed the proposal and found that the amount was fair and reasonable. The fundinq for this work was previously approved via a budqet amendment. Advisory Board Recommendation: I N/A Financial Information: fl-~ Amount Account 1 $215,085 423-2127-069357 Gulfbreeze 2006 Fund 2 Source of 3 Funds: 4 OBPI Total $215,085 Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin David Martinez ext. 6972 Si n-Offs: De Assistan M \VENETIAN ISLANDS -Automatic Meter Readers\ITB 49-11-12 -Venetian Islands RO~, -FINAL MIAMI BEACH AGENDA ITEM _C, _____ 7._/J_ DATE f}-/ J-/Cj 405 m MIAMI BEACH "'="" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Members f the City cf mmission Jimmy L. Morales, City Manager ~ February 12, 2014 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 1 TO LANZO CONSTRUCTION CO. FLORIDA, FOR THE PURCHASE AND INSTALLATION OF AUTOMATIC METER READERS FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROJECT, IN THE AMOUNT OF $195,532 PLUS CONTINGENCY IN THE AMOUNT OF $19,553; FOR A TOTAL OF $215,085 FROM PREVIOUSLY APPROPRIATED FUNDS FROM 423 -GULFBREEZE 2006 FUND. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure value and timely delivery of quality Capital Projects FUNDING $215,085 423-2127-069357 Gulfbreeze 2006 Fund BACKGROUND Pursuant to Invitation to Bid (ITB) No. 49-11/12, for the Right-of-Way Infrastructure Improvement Program -Venetian Islands Bid Package 13C, on March 131h, 2013, the Commission authorized the award of a construction contract to Lanzo Construction Co. Florida, in the amount of $9,699,509 base bid plus $640,028 for selected alternates (sanitary sewer lining and road reconstruction) and a project contingency in the amount of $1,033,954; for a total construction cost of $11,373,491. The project's scope of work included the connection to existing water meters. As an initiative to streamline their meter reading process, Public Works Department requested that the existing water meters be replaced with Automatic Meter Readers (AMR), during the installation of the new water mains. The meters should have the ability to be remotely read so as not to require the physical inspection of the meter to obtain the reading. The AMR will reduce personnel costs associated with routine readings and improve customer service as future reading could be instantaneous. The AMR reduces personnel meter reading time by 70%. This type of system has the capability of being read either from a vehicle or via a fixed network of antennas. 406 Commission Memorandum -Venetian Islands Bid Package 13C -Change Order No. 1 Page 2 Currently, the proposed AMR technology will receive data via a hand held device which will be used for downloading readings to a computerized billing system. It will largely eliminate the need for estimated bills. Since it is an automated system, the AMR eliminates the need for meter reading personnel to visit customer properties. In addition, it allows the reading of the meters without requiring physical access to the meter which very often is located behind fences and gates, requiring coordination for access to the private property by City staff. In the future, the proposed AMRs can be retrofitted to allow remote access via computer network/web access and, staff can access each property to read the consumption real time thru this software. COST ANALYSIS Lanzo Construction submitted the price proposal in the amount of $195,532 (Attachment A) to furnish and install the required automatic meter readers. The Engineer of Record, Schwebke, Shishkin & Associates (SSA), estimated that the probable construction cost for this work was $213,530, therefore, the price proposal was acceptable. Schwebke, Shishkin & Associates provided their assessment of the cost and submitted their recommendatlon letter stating that the price proposal submitted by Lanzo was fair and reasonable (see Attachment B). City staff also reviewed the proposal and found that the amount was fair and reasonable. The funding for this work was previously approved via a budget amendment. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution, approving and authorizing the Mayor and City Clerk to execute Change Order No. 1 to Lanzo Construction Co. Florida, for the Right-of-Way Infrastructure Improvement Program - Venetian Islands Bid Package 13C, in the amount of $195,532 plus $19,553 for contingency; for a total cost of $215,085. Attachment A -Lanzo Construction Cost Proposal Attachment B -Schwebke Shishkin & Associates, Inc. (SS&A) Recommendation Letter JLM/MT/DM/MER T:\AGENDA\2014\February\VENETIAN ISLANDS -Automatic Meter Readers\ITB 49-11-12 -Venetian Islands ROW -FINAL Memo2.doc 407 r H~~~!5> Da!IWKln{/~- fl!r _....... Cllllllllllllll February 4, 2014 Luis Leon Schwebke-Shiskin & Associates, Inc. 3240 Corporate Way Miramar, Florida 33025 ATTACHMENT A Re: Venetian Islands Bid Package 13C -ITB No. 49-11/12-Price for Furnishing & Installing Automatic Meter Reading (AMR) T ech.nology. Luis, As requested, the pricing for Furnishing and Installing the AMRs, including the Itron Module, is as follows, based on the revised water meter inventory submittal SD 051-B, approved on 12/31/2013: • Furnish & Install Automatic Meters = $195,531.33 (Please see attached sheet for cost breakdown) • Please note, handling/temporary storage of meters, should Public Works not come to pick them up on a daily basis, there will be a handling fee of$10.00 per meter. If you have any questions, comments or concerns, please do not hesitate to call me. Sincerely, Pablo C. Riafio Project Manger Lanzo Construction 407 Lincoln Road Miami Beach FL 33139 Phone (954) 979-0802 Fax (786) 476-0368 www.lanzo.net 408 .i::. 0 <O Water Meter Sizes 5/8" l" 1-1/2" 2" Total Cost of AMR Units $ 190.00 EA $ 290.00 EA $ 450.00 EA $ 605.00 EA Qty per Approved Extended Water Meter Price Inventory 70 $ 13,300.00 293 $ 84,970.00 127 s 57,150.00 11 $ 6,655.00 501 Pricing for AM Rs Contractor's Bond & Unit Price TaJC(7%) Subtotal Subtotal Price for AMR Fee (10%) Insurance for AMR (2.5%) $ 931.00 $ 14,231.00 $ 1,423.10 $ 15,654.10 $ 391.35 $ 16,045.45 $ 229.22 $ S,947.90 $ 90,917.90 $ 9,091.79 $ 100,009.69 $ 2,500.24 $ 102,509.93 $ 349.86 $ 4,000.50 $ 61,150.SO $ 6,115.05 $ 67,265.55 s 1,681.64 $ 68,947.19 $ 542.89 $ 465.85 $ 7,120.85 $ 712.09 $ 7 832.94 $ 195.82 $ 8 028.76 $ 729.89 $ 195,531.33 Marie S. Johnson. P.S.M. Ronald A. Fritz, P.S.M. Michael J. Mey, P.S.M. • January 30, 2014 Mr. Roberto Rodriguez Land Surveyors -Engineers -Land Planners 3240 Corporate Way • Miramar, Florida 33025 Phone: (954) 435-7010 •Fax: (954) 438-3288 City of Miami Beach Capital Improvement Projects Office 1701 Meridian Avenue, Suite 300 Miami Beach. FL 33139 Re: Right·of-Way Venetian Islands Infrastructure Improvements Bid Package 13C Roberto, Alfonso c. Teno, P.E, P.S.M. Hernando J. NlltitS, P.E. Luis F. Leon, P.E. Alberlo A. Mora, P .E. John C. Tello, P.E . Based on the attached documentation provided by Lanzo and to the best of our knowledge we find the proposal to replace existing water meters with new Automatic Meter Readers (AMR's), inclusive of all appurtenances, to be fair nnd reasonable. If you have any questions please call me. Sincerely, ~£h.L-~ 5 c/f-uod.ah~ !JIU!.. Liii~ F. Leon, P'.'E. Project Manager k:\125342\v1-sm-di-raldocumenlSlrfp\rfpOOl -rol>erto rodrigu.1:2: -cip doc 410 RESOLUTION TO BE SUBMITTED 411 THIS PAGE INTENTIONALLY LEFT BLANK 412 COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendation of the Finance and Citywide Projects Committee authorizing the City Manager to enter into a grant agreement with Miami Beach-Miami LGBT Sports And Cultural League, Inc for $100,000, with $50,000 to be repaid upon receipt of funding from the Miami Beach Visitor And Convention Authority, in suooort of the World Outqames 2017. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): NIA Item Summary/Recommendation: The Miami Beach -Miami LGBT Sports & Cultural League, Inc (LGBTSCL) is a Florida non-profit organization formed to bid on the Wsworld Outgames. They are a group of active community leaders involved in Human Rights, Culture or Sports throughout our LGTBQ community. The League was formed to insure that a competitive and organized bid be delivered to Gay Lesbian International Sports Association (GUSA) for the World Outgames 2017. On March 2, 2013, GUSA announced Miami Beach-Miami will host the 2017 World Outgames. The event will be held May 24 -June 3, 2017. During the 2013 annual budget process LGBTSCL requested $500,000 (payable over several years) in cash and $250,000 in-kind from the City in support of the event (Exhibit 1). LGBTSCL has worked with City Staff and the GMCVB to refine their economic impact estimates, which they project to be in excess of $88 million and is attached (Exhibit 2) for your reference. During the FY 2013/14 budget discussions, more specifically at the FCWPC meeting of August 22, 2013, Commissioner Weithorn recommended, and the Committee agreed, that LGBTSCL work with the Miami Beach Visitor and Convention Authority (VCA) to fund their request. The Committee further suggested the Administration budget $100,000 in FY 2013/14 to attract another new event which could be used for the World Outgames if the VCA is not able to fund the event. Subsequently, the VGA has approved $50,000 for the World Outgames, but the funds are disbursed on a reimbursement basis and LGBTSCL is still in need of operating funds for the current fiscal year. Therefore, they have requested the City grant them $100,000 with $50,000 to be repaid once the VCA funding is disbursed. The FCWPC considered this request at their January 30, 2014 meeting and recommended in support of the request. Pursuant to the FCWPC recommendation, the Administration received the attached 2014 budget (Exhibit 3) and also worked with LGBTSCL to develop benchmarks for the grant agreement that are also included in Exhibit 3. If approved by the Mayor and City Commission, the Administration will finalize the qrant acireement and have it executed. Adviso Board Recommendation: The Finance and Citywide Projects Committee recommended in favor of the request at their January 30, 2014 meetin . Financial Information: Source of Amount Account Approved Funds: 1 $100,000 160 .4300. 000362 ~ 2 3 4 OBPI Total Financial Impact Summary: The City grant is for $100,000 with $50,000 to be repaid once the VCA fundino is disbursed. City Clerk's Office Legislative Tracking: j Max Sklar Assistant City Manager MIAMI BEACH 413 City Manager AGENDA ITEM _C_7_0 __ DATE J.-fZ-/<j (e MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochll.gov MEMORANDUM TO: Honorable Mayor Philip Levine an of the City Commission FROM: Jimmy L. Morales, City Manager DATE February 12, 2014 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AC EPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH MIAMI BEACH- MIAMI LGBT SPORTS AND CULTURAL LEAGUE, INC FOR $100,000, WITH $50,000 TO BE REPAID UPON RECEIPT OF FUNDING FROM THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY, IN SUPPORT OF THE WORLD OUTGAMES 2017. ADMINISTRATION RECOMMENDATION As directed by the Finance and Citywide Projects Committee, the Administration recommends the City grant the World Outgames $100,000 in support of the event, with $50,000 to be repaid once the Miami Beach Visitor and Convention Authority funding is disbursed. BACKGROUND The Miami Beach -Miami LGBT Sports & Cultural League, Inc (LGBTSCL) is a Florida non- profit organization formed to bid on the World Outgames. They are a group of active community leaders involved in Human Rights, Culture or Sports throughout our LGTBQ community. The League was formed to insure that a competitive and organized bid be delivered to Gay Lesbian International Sports Association (GUSA) for the World Outgames 2017. On March 2, 2013, GUSA announced Miami Beach-Miami will host the 2017 World Outgames. The event will be held May 24 -June 3, 2017. During the 2013 annual budget process LGBTSCL requested $500,000 (payable over several years) in cash and $250,000 in-kind from the City in support of the event (Exhibit 1 ). LGBTSCL has worked with City Staff and the GMCVB to refine their economic impact estimates, which they project to be in excess of $88 million and is attached {Exhibit 2) for your reference. The Finance and Citywide Projects Committee considered this request at their March 21, 2013 meeting and recommended the item go straight to Commission once the details have been worked out, because $100,000 in potential funding was included in the City's FY 12/13 annual budget for sponsorship of Miss USA Pageant or to be used to attract another new event to the City. Staff requested time to meet with them and review the information in more detail. City staff has provided cost estimates for their use of the Miami Beach Convention Center, Miami Beach Golf Club, Colony Theater, sports fields at Flamingo Park and other special event associated fees. Rental of the Convention Center alone is estimated to be $351,000. Other City fees for use of Miami Beach Golf Club, Colony Theater, sports fields at Flamingo Park and other special event associated fees could total approximately $350,000, depending on the scope of activity and number of days of use. The estimated costs for all fees (convention center rental, special event fees, Colony Theater rental and Miami Beach Golf Club are estimated at 414 City Commission Meeting World Outgames 2017 Grant February 12, 2014 approximately $700,000. Page 2 LGBTSCL is committed to raising private revenue from corporate sponsors, but is seeking financial support from the City and other governmental agencies. LGBTSCL is required to pay GUSA a Licensing Fee totaling $175,000 in annual installments. The GMCVB assisted with funding the first installment in order to meet the June 30, 2013 deadline for the initial license fee payment to GUSA, which was the most immediate concern for LGBTSCL. The GMCVB has not committed to any additional funding beyond the initial $50,000 at this time. The next installment of the License Fee must be made prior to June 30, 2014. Additionally, LGBTSCL's funding request of $500,000 will help support operating and staff expenses required to continue to plan for the 2017 World Outgames. They have also requested any available office space from the City be provided in-kind to assist in defraying operating expenses. A long term sponsorship agreement with future funding commitments for cash and in-kind support for any event is unprecedented for the City of Miami Beach. By comparison, the City has provided waivers for rental of the Convention Center to the National Football League (NFL) for Super Bowl and to World Wrestling Entertainment (WWE) for Wrestlemania of approximately $100,000 respectively. The NFL also received $95,000 cash contribution from the City. The FCWPC met on July 28, 2013 and discussed the proposal. The LGBTSCL provided some additional information, see attached, for the Committee to consider. The FCWPC requested additional financial information including a detailed budget, fundraising projections, and a list of other governmental entities who the Committee would be requesting funding from. The Committee recommended $125,000 annual sponsorship subject to annual funding availability, but subject to a match, dollar for dollar, public benefits and annual fundraising benchmarks. The FCWPC requested this item be considered by the City Commission during FY 2013/14 budget discussions. During the FY 2013/14 budget discussions, more specifically at the FCWPC meeting of August 22, 2013, Commissioner Weithorn recommended, and the Committee agreed, that LGBTSCL work with the Miami Beach Visitor and Convention Authority (VCA} to fund their request. The Committee further suggested the Administration budget $100,000 in FY 2013/14 to attract another new event which could be used for the World Outgames if the VGA is not able to fund the event. Subsequently, the VGA has approved $50,000 for the World Outgames, but the funds are disbursed on a reimbursement basis and LGBTSCL is still in need of operating funds for the current fiscal year. Therefore, they have requested the City grant them $100,000 with $50,000 to be repaid once the VGA funding is disbursed. The FCWPC considered this request at their January 30, 2014 meeting and recommended in support of the request. Pursuant to the FCWPC recommendation, the Administration received the attached 2014 budget (Exhibit 3} and also worked with LGBTSCL to develop benchmarks for the grant agreement that are also included in Exhibit 3. If approved by the Mayor and City Commission, the Administration will finalize the grant agreement and have lt executed. CONCLUSION Pursuant to the recommendation of the Finance and Citywide Projects Committee, the Admin~tion recommends the Mayor and City Commission adopt the attached resolution. JLM/K~MAS T:\AGENDA\2014\February\World Outgames Grant Memo doc.docx 415 EXHIBIT 1 Sport •Culture • 1--luman Rl-ghta TO: FROM: DATE: Mayor Matti Herrera Bower & Members of the City Commission Ivan Cano, VP, Miami Beach-Miami LGBT Sports & Cultural League, Inc.; Co-Chair of worldOutgames 2017 July 18r 2013 SUBJECT: Financial Partnership for worldOutgames 2017 This is a follow up in regards to May 22, 2013 memo. We would like to request $500,000 (payable in 4 installments) and $250,000 In-kind from the City in support of the event. At present, we have raised from our corporate partners over $65,000 (includes $50,000 from the GMCVB -THANK YOU) and received a commitment $60,000 from a private donor, payable in 4 years. · We sat down with our partners at the City of Miami Beach artd Greater Miami Convention & Visitor Bureau and v1/ent over the Economic Impact. In our meetings we considered changes and made the necessary edits to adjust the report, within reason to our experiences and knowledge in the LGBT market. The following pages will illustrate the project for a better understanding and scope which will take less than 2.5 years to create and plan so that reminder of the time the staff and city can be stable and spend their time efficiently. The board of director clearly understands that there has not been precedence for an undertaking of this type and size and we understand that there may be a certain level of anxiety. I stand before you representing the organization and tell you that we are dedicated to ensuring a mayor successful event in 2017, an event that will put the city of Miami Beach on the map for hosting future multi-sport international event. We look forward to our partnership in the next 4 years. First -Oct 2013-Sept 2014 $125r000 Second -Oct 2014 -Sept 2015 $125,000 Third -Oct 2015-Sept 2016 $125·,ooo Forth & Final Oct 2016 -Feb 2017 $75,000 Ivan Cano 416 I. EXECUTIVE SUMMARY A. Mission Statement To host a global event for the LGBTQ community, and it allies for the propose of human rights, sportsmanship and cultural events while providing a safe environment and producing a world-class production of worldOutgames 2017. B. Company Information About the Gay and Lesbian International Sport Association Established in 2004, the Gay and Lesbian International Sport Association (GUSA) is a democratically governed, international association of sport, culture and human rights organizations that works for lesbian, gay, bisexual and transgender (LGBT) people. GLISA's mandate is to support and grow an international LGBT movement by organizing continental associations, continental Outgames, and global worldOutgames every four years. About worldOutgamesD The first worldOutgames was held in 2006 in Montreal and attracted more than 12,000 participants. The event was based on three components: Sport, Culture and Human Rights. The second worldOutgames was held in Copenhagen in 2009. It was an attractive, open and inclusive event that welcomed the local and international LGBT community as well as the wider population of Copenhagen and Denmark. Successful events have also been hosted by GLISA's Continental Associations in North America and Asia-Pacific: the 2007 North America Outgames in Calgary, the 2008 Asia-Pacific Outgames in Melbourne, the 2011 Asia-Pacific Outgames in Wellington, and most recently the 2011 North America Outgames that took place in Vancouver in July of that year. In 2014, Darwin, Australia will host the 3rd Asia-Pacific About Miami Beach-Miami LGBT Sports & Cultural League, Inc. (The League) In pursuing of creating an organization and bid for the 4th worldOutgames, Ivan Cano, Bruce Townsend, and Jerry Torres started researching and planning in August 2012. During late August and early September, a more local leaders formed "The League". The League, a Florida not-for-profit corporation was established to bid on GLISA's worldOutgames 2017 and submitted a "Letter of Intent" on September 17, 2017 and became one of 5 cities (Denver, Miami Beach, Reykjavik, Rio de Janeiro and Rome) to do so. GUSA announced on December 4, 2012 that Miami Beach, Florida, and Reykjavik, Iceland had been shortlisted to host the fourth edition of the worldOutgames for 2017. The League made it to the last round. The finalist were invited to present in person at GLISA's annual conference in Antwerp, Belgium. On February 28, 2013, Bruce Townsend, Cindy Brown and Ivan Cano were accompanied by Jerry Torres, Keith Hart, George Neary, Miami Beach's Mayor Matti Herrera Bower and Commissioner Michael Gongora and presented to the GLISA Board Members around the world and The League won the bid to become the first U.S.A. city and 4th city to host a worldOutgames. 417 The League was conceived and developed by community leaders, activists and event professiona Is: • Ivan Cano, Co-Chairl Executive Director, Miami Beach. Gay Pride, Inc. • Bruce Townsend, Co-Chair I Social Catering Sales Director, Centerplate • Jerry Torres, Treasurer I Principal, GT Entertainment LOC • Keith Hart, Secretary I Relationship Manager-GBPS-American Express • Steven Adkins, President & CEO, Miami-Dade Gay & Lesbian Chamber of Commerce • Bob Balsam, General Manager, Global Spectrum • George Neary, Associate Vice President of Cultural Affairs, Greater Miami Convention and Visitor Bureau (GMCVB) • Cindy Brown, Executive Director, Miami Beach Botanical Gardens • Nick Tierno, General Manger-Centerplate, Miami Beach Convention Center • Jose Sotolongo, Executive Director, Miami-Dade Sports Commission • Richard Murry, President, The Murry Agency • Karen Brown, Executive Director, LGBT Visitors Center The Honorary Directors consists Honorable Matti Herrera Bower, Mayor of the City of Miami Beach, and the Honorable Michael Gongora, Commissioner of the City of Miami Beach. While our 501 (c ) (3) Is established, the Miami-Dade Gay & Lesbian Chamber of Comerce Foundation, Inc (MDGLCC Foundation, Inc) is our fiscal agent. Donations Payable to: MDGLCC Foundation, Inc (notes) worldOutgames 2017 P.O. Box 191929 Miami Beach, FL 33119 II EVENTS worldOutgames 2017 will be held Wednesday, May 24 to Saturday, June 3, 2017 and has three components - a Human Rights Conference, Sports Events and Cultural activities. A. Human Rights Conference Continuing the reputation of stellar conferences on the state of Human Rights for LGBTQI people around the globe, The League will present a world forum addressing the pressing issues at that time. An evaluation of the 2013 Antwerp conference will help to inform the committee as to areas of concern and further direction. The Human Rights Conference at the worldOutgames 2017 will take place at the Miami Beach Convention Center May 24 -26, 2017. We would like to take the approach of listening, not preaching. Starting in 2015, two advisory committees will be formed. 418 • International Leadership -Quarterly conference call with leaders from several under-served countries and our state especially Central and South America, Africa, Asia and Muslim nations. • National Leadership -Equal representation and equal geographical representation Outreaching A local advisory group formed mainly of representatives from the National Gay and Lesbian Chamber of Commerce (NGLCC), National Gay and Lesbian Task Force (NGLTF), Human Rights Campaign (HRC), The Victory Fund, National Center for Lesbian Rights (NCLRL International Gay and Lesbian Human Rights Campaign (IGLHRC) and other international rights organizations. A request for abstracts will be distributed in summer 2016 for workshops that address the current areas of interest of our community; however topics of definitive inclusion are: • LGBTQ Families • Health (Men's & Women's) • HIV/AIDS • Worldwide Marriage Status • Religion • Youth* • Business • Legal *Youth 17 & under (not excluding 18-24 years old in certain instances) We are working towards a partnership with Pridelines Youth Services and other local organizations to develop a tandem track during the events 419 Additional workshop tracks will be added based on abstracts received. The program will feature over 3 days of workshops with more than 125 specialize platforms offered. All workshops will be recorded and available as podcasts or mp3 uploads. For those in certain fields, we will try to offer Continuing Education Units (CEU) and CLU's will be offered. In addition to the workshops and plenary sessions, the conference will feature a business & travel expo that will highlight both international business and run through until Closing Ceremonies. A plan of over 50 booths will be set up in the common areas of the Miami Beach Convention Center. As a great opportunity to continue education the general public, we would identify several shorter workshops and offer during the week of the Miami Beach -Miami worldOutgames 2017. Conference Schedule Day 0 -May 23, 2017 Registration Opening Reception late a~ernoon Day 1 -May 24, 2017 Opening plenary session Lunch Expo opens following Plenary Workshops Reception Day 2 -May 25, 2017 Expo open Workshops Main Plenary session Lunch Workshops Evening Cultural activity Day 3 -May 26, 2017 Expo Open Workshops Lunch As the world continues to change, the focus of the conference will be on the topics that are at the forefront in the coming years. Both a collective of national and international organizations and the workshop abstracts that are submitted will determine the direction. A committee including leaders from these organizations will review abstract submissions for relevance, impact and professionalism to collectively create a conference that will be a must attend for anyone doing equality work around the globe. Proper interpretation, Day Care for participant's family will be provided. In addition, we would be looking forward to introducing a Youth Track for children of participants and provide a Safe Haven for those that need privacy for security reasons. Those delegates 420 would receive a color-code credential to ensure our press respects their rights and we would take extra measure to reserve an area to avoid any photography We will need to start promoting the conference and outreach to South America, Eastern Europe, Middle East and Countries in Asia that are not represented in major conference in advance so individuals can apply for visas and plan accordingly. We plan on having a dedicated staff member working with the State Department to help expedite visas for all. The Legacy would like to leave behind is a global statement with one unified voice on priorities and steps to achieve our goals and send that message to United Nation's Diplomatic Offices B Sports The sporting component will include than 18 sports and over 31 sporting events (others are being considered and determined based in venue and interest at a later date) in the Greater Miami Area: 421 No. 2 3 4 5 6 ' 8 g 10 tt 12 13 1'I 15 16 17 18 E'ven.ts Sport Aqu.,lic:s -Compeotitive Oi_11i_11R 2 Aquatfc:!> -Swimming 3 A~uatin -Sy11chronited Swimming 4 Aqu;iti,5 -Water Polo 5 6adminton Sil'IP.l~ 6 B-11:;ketball 7 Bowling Doubles 8 Bowling ~ingle~ 9 i:IQ'wlin' Trio~ 1 o C~ling: Ro;id r.\c(? 11 Dance -Country Western 12 Dance-Sport 13 Domincs 14 Field Hockey 1 S Golfl-dav ro mperitio11 16 17 16 19 20 21 24! 23 24 :?5 26 Rowing R\mning 10k Running Sk Runninp; h~lf m;lmthon Rullning; marathon Rugby Soccer Softball Tennis C>ol•bles Tennis Milled Double~ Tennis Singles 27 Tf"<IC.K and field 28 Tria:thlon; Individual 2'1 Tri~thlon: ti'llm~ 30 Volleyball 31 Vole'l'ball ·Beach 10% <25 yrs. olc:I 60% < 44 vrs. ol 20% between 45-59 yrs old 10,. > GO yrs <>Id 70 Cnral Gable..: 800 Coral Gables 100 Miami Beuch 120 Cora.I Giibles 250 Miami 13each 250 Cor~I G11bles .. -.. JOO Miilmi 100 Miami Miami 1·100 Miami Beach 500 Miomi Bearh 60 Miami Beach 300 coral Gables 90 f·'laml eeac;h 220 Miami Be-ach 500 Ml;iml Beac:h-MIOlml aoo 2000 Mia.mi 2000 Miami 800 coral Ga.file~ CQral Gables Coral Gables 275 4';r:>ral Gablet> 225 500 Miami Beach 320 Mia.mi Beach 11980 119S 7188 2396 111416 422 UM -Norm:m Whittl'n ShJdent-UnlnA Pnni UM -Norman Whitten Student Union Pool UM -N-orm;in Whitten Student Union \}o<ll Conve-ntion Center UM-BaokUnited Center g:rd Bowl eg-wHng Cer.ter Bird 80WI Bc:.wlin(l Centt-r Elird 81w•1I Bowling Center Conv1mtion Cli!nter C()nventicn Center Can'Jention Center UM· Greef'ltr~ P!".atice Fields Miami Bea~h Golf Club f!Ol'li'lld W Sl\ane Rowrn9 CenMr Tarrhmi Pi!ork Tamiami PO!rk UM-Neil Schirt Tennis center UM-Neil SchiffTenn~s Center UM·Ner.1 Schilf Tenni:;; Center UM • Cobb Sta.di\Jm Convention Center Lummus Perk Venue- 2nd Option Miami-Dade Venues C Cultural The Ra in bow Village ... Miami Beach 9 '--Miami 5 ..... Coral Gables 9 The worldOutgames 2017 Village will be created in the heart of the Historical Art Deco District on Ocean Drive. A tented city will be built a block away from the gay beach to house vendors, merchandising, cafe and beer gardens and a state-of-the art worldOutgames Stage for nightly competitions and entertainment, some free and .some for a small fee. The Village will be a great meeting place to infuse new ideas and meet everyone from around the world. As the grand central of Miami Beach, it would be opened for 8 days from Noon to llpm and also house the smaller sports and cultural programs but not limited to worship services and healthy activities and feature the official results point for the sport and cultural disciplines (privacy permitting). This will provide a daily meeting place for all athletes, cultural participants and people of Miami Beach. Women's Space at the Miami Beach Botanical Gardens The Miami Beach Botanical Garden venue is situated directly behind the Miami Beach Convention Center in South Beach. This location will also feature an entertainment stage, the official results point for the sport and cultural disciplines, several food and drink vendors and merchandising stands. This will provide another daily meeting place for all athletes, cultural participants and the people of Miami Beach. Dances We do plan on producing events that are dedicated to specific niches in our community. Leather Dance, Circuit Dance, Women's Dance and Youth Dances will be designed and set to accommodate all the people that seek to enjoy and express themselves in a special place. 423 Band Band participation will be highlighted in both Opening and Closing Ceremonies, and a special once-off performances. The band concert will be held at The Village. The Lesbian and Gay Band Association will also be holding their regional Events in 2017 Miami. Choral Miami has a long and prestigious history of choral singing. A gala choir concert will be held at The Fillmore Miami Beach at Jackie Gleason Theater, configured to accommodate 1,000 performers and 2,100 audience members. We prose a mass choir of 1,000 international voices for our Opening and Closing Ceremonies. Additional Cultural Events Museums -we will be working closely to all the local museums and set a standard discount to all worldOutgames 2017 participants. And the local Organizing Committee of worldOutgames 2017 may request to add additional participatory cultural events to the Cultural Program, based on their financial and logistics implications. Glow Run For the first time ever, we would be hosting a GLOW RUN that would be FREE and open to all as a Welcome Event and embrace all that would like to be a part of the sprit. With black lights and glow-in the-dark clothes, adults and kids would have a great time running up the coast and finishing of at the Village. OPENING & CLOSING CEREMONIES Miami -Miami Beach, the gateway between North, Central and South America will give the participants and guests of the worldOutgames 2017 an especially warm welcome at (tbd). With a perfect combination of feeling, impressive productions produced by a Grammy or Tony Award Winner and strong symbols of motivation for the games ahead, the Opening Ceremony will be an unforgettable experience for all involved. Closing Ceremony After all the competitions and cultural events have come to an end, each participant will have made new friends, obtained numerous impressions and spent an unforgettable week in Miami Beach-Miami. This will all be celebrated in the Closing Ceremony. The Closing Ceremony will take place in tbd. Athletes, artists, guests and people from Miami-Dade will all come together, on the final evening of the world0utgames2017. We will consciously forego formal entry of the participants and do without seating in order to encourage mingling of all groups and create a comfortable, personal atmosphere. A professional stage will be built"to accommodate the formal elements of the Closing Ceremony and the following artistic program. 424 III FINANCE We will be following Generally Accepted Accounting Principles and audited by a third party. Then our financial review will be presented to GUSA as directed by our agreements that illustrates the financial performance and strategic direction of the Human Rights, Sports and Cultural programs. Fee Structure All projections based on US currency and the current economic environment Sports, Human Conference, or Cultural Program Registration Fee $175 Sports, Human Rights Conference, or Cultural Program Participant and Spouse Early Bird Registration Fee $150 Sports, Human Rights Conference, or Cultural Program Participant and Spouse before Dec 31, 2016 Registration Fee $115 Youth/Students of any Sports, Human Rights Conference, or Cultural Program Participant Registration Fee includes: • Opening/Closing Ceremonies -Participants Area • Program Guide • Official Participation Shirt (Limited edition) • Closing Party Ticket • Reduced Rate to all Official Events produced by worldOutgames 2017 • Reduced Meals and Drinks at the Village • One Ticket to Cultural Program • Participant Medal • Transit Ticket Sports Program 1st S rt Fi •DO s ee Tier 1 Tier 2 Tier3 Tier4 Tier 5 Tier6 $50 us $60 us $75US $125 us $150 $275 Dominos Basketball Track & Field Rowing Cycling Golf-3 .-Field Hockey Aquatics-Diving Triathlon Days Soccer Aquatics-Swimming Softball Aquatics-Open water Triathlon -Teams Swim Volleyball Badminton-Doubles Volleyball -Beach Badminton-Doubles Aquatics-Mixed Synchronized Badminton-Singles Swimming Bowling-Doub/es Aquatics-Water Polo Bowling-Singles Bowlina-Trios 425 I i ·----------_______ l_D_a_n_c_e ___ B_allroom __ _ Dance-Country Western Sance-Sport Running-SK Running-10K Running Half Marathon Running-Full Marathon Tennis-Doubles Tennis-Mixed Doubles Tennis Singles 1· 1--· ' i 2nc1 Sport Fee value 20% of equal or less value 3rd Sport Fee 30°/o of equal or less Human Rights Conference Conference Fee $500 worldOutgames 2017 Participant 3 Day $450 worldOutgames 2017 Participant 1 Day $150 Student Fee $200 1 Day $200 Early Bird Before Dec 31, 2016 Conference Fee $400 worldOutgames 2017 Participant 3 Day $350 worldOutgames 2017Participant 1 Day $100 Student Fee $175 1 Day $175 Sponsorship Package (Please see 2017 WOG Partner Pakage) IV MARKETING PLAN Miami Beach is no newcomer to major events. From Super Bowls to the MTV Video Music Awards to Art Basel Miami Beach, our experience reaches far across all cultures and media mediums. Additionally, the city has played host to numerous, world-class LGBT events, festivals and fundraisers, including Winter Party Festival, White Party Week, Miami Beach Gay Pride, Aqua Girl and the Miami Gay & Lesbian Film Festival, to name a few. 426 From a marketing and promotions standpoint, we have existing relationships across all of the key marketing-related disciplines and can leverage not only our paid support from these media partners, but_also editorial support as well. We would design and implement a multi-level global marketing campaign for worldOutgames 2017 that would include several disciplines: • Public Relations • Special Events • Media Relations • Social Media Marketing • Advertising This will serve to integrate the worldOutgames 2017 into the community as an event I that the community is not only hosting ... but also supporting. Key Elements of Marketing Outreach: • IT'S SO MIAMI -Quarterly video on YouTube promoting LGBT community in Miami area • Faces of worldOutgames 2017 Athletes Circle -Quarterly column highlighting openly out and friendly athletes globally • Media FAM Tours -With the help of the GMCVB, we can organize 6-10 international journalists to visit and write about Miami Beach • "How Am I" report -Once the website is launched, we will prompt athletes and cultural members to upload their profiles. • Global Outreach Tours -Starting in June 2013 until December 2013: June Washington NIKE Meeting June 26-28 Peru, South America Fifth Convention of the "Asociaci6n Internacional de Familias por la Diversidad Sexual" Lima PeruoJune 27-30, 2013 Representatives of 23 COUNTRIES will attend: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Portugal, Puerto Rico, Spain, Uruguay, U.S.A., and Venezuela. The goal of the convention is to promote and strengthen ways to support to persons who are lesbian, gay, bisexual or transgender (LGBT). June 28-30 Santo Domingo, Dominican Republic Santo Domingo Pride: Promoting WOG with a Miamian DJ and then meeting with Political and local leaders July/August Antwerp, Belgium worldOutgames 2013 Sept mid Guadlalhera, Mexico Nov mid Asia -Shanghi, China, Singapoer, Tapei, Tawain • Promotional Tours -Starting in 2014, making sure we visit and activate booths/floats in 5-10 cities globally and increase every year by 2 cities. We would partner with a local sports/cultural group and pay all the expenses. • Global Language -Besides English, Spanish, Portuguese, Mandarin, German, Hindu and several underserved countries, we would have a dedicated section to their language. 427 r • Global Events -As part of our Promotional Tours, we would make sure to attend the Gay Games, Continental Outgames and the Olympics in Brazil Additionally, we are planning to engage the professional services of local marketing agencies such as The Murry Agency, a Miami Beach-based marketing and PR firm with international events and LGBT-oriented contacts and experience, including: the National Gay & Lesbian Task Force, Winter Party Festival, Miami Beach Gay Pride, Miami Gay & Lesbian Film Festivalr Pridelines Youth Services, Sizzle Miami, the Miami-Dade Gay and Lesbian Chamber of Commerce, the LGBT Visitor Center, and more. The Murry Agency is also certified by the National Gay and Lesbian Chamber of Commerce as an LGBT Business Enterprise™ (LGBTBE) through the NGLCC Supplier Diversity Initiative. V OUTREACH PLAN The world0utgames2017 Outreach Program will be designed to provide assistance to those attendees who wish to participate but cannot afford to do so. $1-$5 from the registration fee will be earmarked to help low-income participants requiring assistance to attend the world0utgames2017. This funding will be dedicated to the travel, housing, hospitality and event participation fees of those attendees who qualify. · Additionally, a portion of each fundraising event for the world0utgames2017Miami Beach will be allocated to support community grants. Dormitories at the University of Miami will be reserved for recipients of the scholarship and will include meal options. This option will also be made available for large sporting teams looking to stay in close proximity to their sporting event. Public transportation and shuttle service will be within walking distance to ensure that all attendees can easily access transportation to all event surrounding the world0utgames2017. We will also be actively pursuing individuals and focusing on our marketing efforts in the following regions and working to recruiting 26°/o above our budgeted participates to prepare for attrition: USA/CANADA 40°/o Europe and Middle East 18°/o Latin America & Caribbean 23°/o Asia. Pacific 15°/o Africa 4°/o 428 ATTENDEES: EXHIBIT 2 Economic Impact Report During worlOutgames 2017 May 24, 2017 to June 3, 2017 Prepared by Ivan Cano & Bruce Townsend, July 18, 2013 Event ParticiQants Guest Total Human Rights 1,000 500 1,500 Sports 11,000 22,200 33,000 Cultural 2,000 4.000 6,000 Total 14,000 26,500 40,500 *Half of the 1,500 participants will bring 1 additional person during stay. LODGING: Event Human Rights*"' Sports*** Cultural*** Miami Beach $1,200,000 $21,120,000 $3,840,000 Total $26,160,000 Greater Miami $228,000 $4,012,800 $729.600 $4,970,400 Revenue Calculation based on GMCVB 2.5 Guest per room **Human Rights -100% Guest will arrive en the 23rd of May since the conference starts at Sam on the 241h. Calculations are based on the guest leaving Sunday (5 nights), not Monday (Memorial Day} *"'*Sports and Cultural-Calculations based on 80% of the participants and guest staying in a Miami-Dade hotel. F&B: Event Human Rights11. Sports# Cultural# Total Miami Beach $643,031 $19,750,500 $3,591,000 $23,984,531 Greater Miami $33,844 $2,194,500 $399,000 $2,627,344 Revenue Calculation based on $95 per day AHuman Rights 95% of the attendees will be spending this amount, since meals are not included. 95% in Miami Beach and 5% in Greater Miami #Sports and Cultural -90% of the attendees will be spending this amount, since meals are not included. 90% in Miami Beach and 10% in Greater Miami. Shopping: Event Miami Beach 70% Greater Miami 30% All $12,551,875 $5,379,375 Total $12,551,875 $5,379,375 Revenue Calculation based on 95% of tourist purchasing $50 per day during their lodging. Taxi: Event All Miami Beach 70% $1,391,250 Total $1,391,250 Greater Miami 30% $596,250 $596,250 Revenue Calculation based on 50% of all groups spending $10 per day during their lodging. 429 ALL REVENUE DEPARTMENTS: LODGING: F&B: SHOPPING: TAXI: Miami Beach $26,160,000 $23,984,531 $12,551,875 $1,391,250 Greater Miami $4,970,400 $2,627,344 $5,379,375 $596,250 Total TOTAL $64,087,656 $13,573,369 $77,661,025 MIAMI BEACH MB Resort Tax 2-3% Convention Development Tax CDT3% MIAMI-DADE Range is from $77,661,025 (present estimate) to $117,633,232 (reduced by 33%) based on various LGBT spending opinions. $1,264,491 $986,459 Tourist Development Tax TOT 2% $151,955 Tourist Development Surtax TDS 1% $26,273 Homeless & Domestic Violence Tax HDV 1% $26,273 Professional Sports Franchise Facilities PSFFT 1% $49,704 STATE OF FLORIDA 7% $3,618,230 430 r') t--m -%: ~ .... ~~"';b~ga~ TV' 2014 E Bud Expenses -Line Item Total Cash MBVCA City of Miami Brief explanation of the line items for which CMB/MBCVB dollars will Expenses Grant Request Beach be used. Project Staff: CEO $42,600.00 $25,000.00 Ql & Q2 Part time, Q3 & Q4 Full time Project Staff: Marketing Manager $24,000.00 Starting in Q3 Project Staff: Competition Director $14,000.00 $5,000.00 Starting Part time in Q3 Services sub-contracted: Street Teams $70,848.00 Q2-Q4 -Tabling, promoting at the events Consulting Services $5,000.00 $5,000.00 Accounting, Financial and Legal Promotion fees at Major Global Sporting and Pride events; To include Marketing/Publicity I Advertising $70,000.00 $25,000.00 but not limited to Booth Placement, Advertisement, POS displays Brochures, Pull ups, Booth Equipment, T-shirts, and Give-always at Marketing Collateral $20,000.00 $5,000.00 events Marketing/Publicity I Advertising $40,000.00 $20,000.00 Hiring a Public Relations Agency Printing & Copying $10,000.00 Postage & Delivery $5,000.00 Travel -Out of County $20,000.00 Equipment Rental $10,000.00 $5,000.00 Setting up office with hardware, furniture, etc Space Rental for project activities $14,400.00 $10,000.00 TOTAL EXPENSES $345,848.00 $50,000.00 $50,000.00 Miami Beach -Miami LGBT Sports and Cultural League will provide a written report on or before August 1, 2014. Report to include summary of events, expenditures, and financial report. PROJECTED INCOME: List sources, including the grant being requested Amount Committed Pending For pending funds, reason from the Foundation. City of Miami Beach $100,000.00 $100,000.00 Miami Beach Visitor and Convention Bureau $50,000.00 $50,000.00 Negotiating with Super Shuttle, Centerplate, Coca Cola, Anheuser-Corporate Sponsorships $200,000.00 $200,000.00 Busch, Absolut Miami-Dade County, City of Miami $250,000.00 $250,000.00 Workina with countv official to secure fundina Reimbursed to City of Miami Beach after MBVCA -$50,000.00 -$50,000.00 Total Income $550,000.00 $100,000.00 $450,000.00 """" M -.:::I' Estimated Name Period Distrubution Demographics Gay Games -Branding at: Cleveand early August Global 1 ne Arnold Sports Festival Feb/Mar Straight Allies Darwin Continetal Gar early May Asia Pride -New York City late June East Coast NY Pride -San Francisco late June West Coast CA Pride -Los Angeles late June West Coast CA Pride -Atlanta late June East Coast GA Pride -Washington D< late June East Coast DC Pride-Boston late June East Coast MA Pride -Chicago late June Mid IL Pride -Tel Avi late may Middle East ...• Pride -Amsterdam .. late Ju"iy -I Europe Pride World -Toronto late June CANADA Pride -Buenos Aires early Nov South Amiercia Pride -Bogota late June South Amiercia Pride Mexico City late June South Amiercia Pride -Rio De Ja neric early Oct South Amiercia Pride Johannesburg early Oct South Africa Pride Hong Kong late Nov ASIA An expo booth/exhibitor space would be purshased at these locations On-line Realjock.com : 300,000 Mid-West and West face book global Passport -Banner 50000 National Edge Media/Hotspots I 700,000 National Mobile Banners/E-blast/Newsletter ............... --··· .. ··-.. . .. ···-. ... Print She Magazine I 40,000 South Florida Passport 163300 National Hotspots 50,000 Mid/South Florida Genre Latino 10,000 Mid/South Florida Curve Magazine 50,000 National Email Blasts Passport 56812 National TOTAL Total Frequency Confirmed 1 10,000 1 175,000 1 1,000 1 1,250,000 1 1,000,000 1 400,000 1 250,000 1 250,000 1 100,000 1 1,000,000 1 100,000 . . 1 500,000 1 1,000,000 1 100,000 1 750,000 1 45,000 1 2,500,000 1 20,000 1 8,000 3 2 3 1 --·· ........ . . 2 2 10 4 4 2 9,459,000 Impressions Pending ·-900000 150000 700000 ··-80000 326600 500000 40000 200000 113624 3,010,224 N M -.:::I' GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA (CITY) AND MIAMI BEACH-MIAMI LGBT SPORTS & CULTURAL LEAGUE, INC TO SUPPORT OPERATIONS OF PRESENTING THE 4TH WORLDOUTGAMES MIAMI BEACH-MIAMI 2017 This Grant Agreement is entered into this __ day of ______ , 2014, between the City and Grantee. 1. 2. 3. 4. 5. 6. 7. Grantee: Grant Contact: Address: City, State, Zip: Phone, fax, e-mail : Grant amount: Project Description: Grant Project Budget:. Expenditure deadline: Project completion date: Final Report deadline: Article I / Grant Description Miami Beach-Miami LGBT Sports & Cultural League, Inc. Ivan Cano PO Box XXXXXX Miami Beach, Florida 33119 305.319.2693, ivan@worldoutgames2017.com $100,000.00 I $50,000.00 See Exhibit f hereto See Exhibit 2 hereto October 31, 2014 October 31, 2014 Must be postmarked or delivered no later than 15 days after Project completion date. 433 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 2014. day of ------~ Philip Levine, Mayor Attest: Rafael Granado, City Clerk (Grantee's Corporate Seal Here} GRANTEE: Federal ID#:------------- BY: ________ _ Printed Name of Organization's Authorized Representative (City Attorney Approval Here} -2 -of 8 434 Signature ______________ _ STATE OF FLORIDA, COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this __ day of 2014, by ________________ of ______________ ,a not-for- profit corporation. He/She is personally known to me or has produced------------ as identification. Signature of Notary Public Notary Name:------------- Notary Public, State of Florida My Commission Expires: Article II / General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility of administering this Grant to the City Manager or his authorized designee. 2. Proiect Description: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit 1. All expenditures will be subject to the terms of this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Line item changes to said Budget shall not exceed ten percent (10%) per category, and shall, in no event, exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the Grant Project Budget in Exhibit 2 shall not be permitted without the prior written consent of the City Manager or his designee. Said requests shall be made in, in writing, detailing and justifying the need for such changes. 3. Reports: This Grant has been awarded with the understanding that the activities and services contemplated under the described Project will mutually contribute to the enhancement of services available to City residents, businesses, and visitors. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the City Manager with a written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the City within 15 days of the Project's completion date ~.e. For example, Grantees completing their Project by the end of a City Fiscal Year, which is on September 301 of such year, must submit their final reports no later than October 151h of that year). Notwithstanding the preceding, and as a condition of disbursement of the Grant funds, the City Manager or his designee may require Grantee to submit an interim written report, detailing Grantee's compliance at the time of a partial reimbursement request. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole principal responsibility of the Grantee. The Grant funds will only be supplied to the Parties' execution of this Agreement. 5. Program Monitoring and Evaluation: The City Manager or his designee may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to the project site to observe Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel; and/or requests for submittal of additional documentations or written reports, prior to the Project completion date, evidencing Grantee's progress on the Project. 6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the City Manager or his designee with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: Funded activities must take place on or before the Expenditure Deadline in Article I -5. The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicitv and Credits: The Grantee must include the City of Miami Beach logo and the following credit line in all publications related to this Grant: "This Project is financially assisted by a grant from the City of Miami Beach". Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article 11-12. 3 of 8 435 9. Liability and Indemnification: The Grantee shall indemnffy and hold harmless the City and its officers, employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and contractors 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 if this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless and defined the City or its officers, employees, agents and contractors as herein provided. 10. Assignment: The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article 11-12. 11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager or his designee may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five {5} calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen ( 15) days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request in writing from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one ( 1 ) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the City Manager a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law. 13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the term of this Agreement. 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1-1 of this Agreement, and to the City when addressed as follows: City Manager's Office, 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139. 15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments 4of8 436 may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate action by the Mayor and City Commission. Article Ill / Miscellaneous Provisions 17. The Grant awarded herein is the result of a finding by the City, based on representatives, documents, materials and other information supplied by Grantee, that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or age. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA} to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 5 of8 437 Exhibit 1 I Project Description Project Description Grant monies will be used to help support the promotion and production of the 4th worldOutgames Miami Beach- Miami 2017 to be held in Miami Beach-Miami May 26 -June 4, 2017. This will provide a positive economic impact to the city and bring visitors from around the world. The event will build community & diversity and will increase the visibility of the city on a global stage. The following expenses will be incurred in the delivery of these services: • Administrative Salaries • Office Rent • Program Supplies • Accounting/Legal Services • Marketing See Exhibit 2 for a complete budget break-down. The Grantee will support the following City Key Intended Outcomes and provlde documentation of such: • Enhance the economy by employing local people & increasing tourism • Increase Community Satisfaction with City Government by increasing tax income from sources other than local residents. • Promote and Celebrate our City's Diversity • Promote the City on a Global Stage • Increase the City's Exposure as a Global Sporting Venue Grantee Responsibilities 1. The Grantee's funded services will support the following Citywide Key Intended Outcomes: • Enhance the economy by employing local people & increasing tourism • Increase Community Satisfaction with City Government by increasing tax income from sources other than local residents. • Promote and Celebrate our City's Diversity • Promote the City on a Global Stage • Increase the City's Exposure as a Global Sporting Venue 2. The Grantee will document progress and support of the Citywide Key Intended Outcome above by providing the following: a. Two Quarterly written reports and a Final Report {May 1, August 1 and Oct 15, 2014) b. Copy of Financial report for periods ending July 30 and September 30, 2014 c. Summary of accomplishments in regards to Key Initiatives as outlined in Exhibit 3 3. The Grantee will maintain the following as evidence of expenses incurred for supporting existing minority business and education enhancement programs offered to the community. a. Payroll records (including salary, fringe, benefits, etc.) b. Rent invoices (with cancelled checks) c. Supplies and Services receipts {invoices and cancelled checks) d. Contracts/Agreements in regards to services provided 4. The Grantee will submit a final report no later than October 15, 2014 which documents the efforts undertaken to support the Key Intended Outcome and including: a. Summary of overall project and its impact on the identified key intended outcomes b. Final project budget 6of8 438 Exhibit 2 I Project Budget See Attached Document 7of8 439 Exhibit 3 I Key Initiatives 1. Marketing /Public Relations a. Consultant Identified -March 2014 b. Plan Reviewed and Finalized -April 2014 c. Announce First International Spotlight Champion Nov 2014 d. Website -Official Launch June 2014 e. Attend or Presence at 3 US/International events -October 2014 2. Operations a. Office Space Secured -May 2014 b. Supplies/communication equipment purchased -May 2014 c. CEO Identified and Hired by BOD -June 2014 3. Competitions a. Venues -Secure Final Letters of Commitment -Sept 2014 4. Human Rights a. Leadership/Committee Announced (made up of Global Human Rights Professionals, Jim Willets) -July 2014 5. Revenue a. Secure $150,000 in funding (Government/Corporate/Individual) -Aug 2014 b. Secure Conformation of at least 5 International Sporting Organizations that are committed to hold their annual tournaments for 2017 as part of WOG 2017-Nov 2014 6. Registration a. Officially Opens -July 1, 2015 8of8 440 EXHIBIT 4 What wilL. 1,000 Activi•ta 10,000 Athletes 2,000 Artists Spark in Miami-Dade, Florida in 2017? MIAMI BEACH -MIAMI 201~ worldOutgames Sport • Culture • Human Rights Wednesday, May 24, 2017 to Saturday, June 3, 2017 441 I. EXECUTIVE SUMMARY A. Mission Statement To host a global event for the LGBTQ community, and it allies for the propose of human rights, sportsmanship and cultural events while providing a safe environment and producing a world-class production of worldOutgames 2017. B. Company Information About the Gay and Lesbian International Sport Association Established in 2004, the Gay and Lesbian International Sport Association (GUSA) is a democratically governed, international association of sport, culture and human rights organizations that works for lesbian, gay, bisexual and transgender (LGBT) people. GLISA's mandate is to support and grow an international LGBT movement by organizing continental associations, continental Outgames, and global worldOutgames every four years. About worldOutgamesD The first worldOutgames was held in 2006 in Montreal and attracted more than 12,000 participants. The event was based on three components: Sport, Culture and Human Rights. The second worldOutgames was held in Copenhagen in 2009. It was an attractive, open and inclusive event that welcomed the local and International LGBT community as well as the wider population of Copenhagen and Denmark. Successful events have also been hosted by GUSA's Continental Associations in North America and Asia-Pacific: the 2007 North America Outgames in Calgary, the 2008 Asia-Pacific Outgames in Melbourne, the 2011 Asia-Pacific Outgames in Wellington, and most recently the 2011 North America Outgames that took place in Vancouver in July of that year. In 2014, Darwin, Australia will host the 3rd Asia-Pacific About Miami Beach-Miami LGBT Sports a. Cultural League, Inc. (The League) In pursuing of creating an organization and bid for the 4th worldOutgames, Ivan Cano, Bruce Townsend, and Jerry Torres started researching and planning in August 2012. During late August and early September, a more local leaders formed "The League". The League, a Florida not-for-profit corporation was established to bid on GLISA's worldOutgames 2017 and submitted a "Letter of Intent" on September 17, 2017 and became one of s cities (Denver, Miami Beach, Reykjavik, Rio de Janeiro and Rome} to do so. GUSA announced on December 4, 2012 that Miami Beach, Florida, and Reykjavik, Iceland had been shortlisted to host the fourth edition of the worldOutgames for 2017. The League made it to the last round. The finalist were Invited to present in person at GUSA's annual conference in Antwerp, Belgium. On February 28, 2013, Bruce Townsend, Cindy Brown and Ivan cano were accompanied by Jerry Torres, Keith Hart, George Neary, Miami Beach's Mayor Matti Herrera Bower and Commissioner Michael Gongora and presented to the GUSA Board Members around the world and The League won the bid to become the first U.S.A. city and 4th city to host a worldOutgames. The League was conceived and developed by community leaders, activists and event professionals: • Ivan Cano, Co-Chairl Executive Director, Miami Beach Gay Pride, Inc. • Bruce Townsend, Co-Chair I Social catering Sales Director, Centerplate • Jerry Torres, Treasurer I Principal, GT Entertainment LOC • Keith Hart, Secretary I Relationship Manager-GBPS-American Express • Steven Adkins, President & CEO, Miami-Dade Gay & Lesbian Chamber of Commerce • Bob Balsam, General Manager, Global Spectrum • George Neary, Associate Vice President of Cultural Affairs, Greater Miami Convention and Visitor Bureau (GMCVB) • Cindy Brown, Executive Director, Miami Beach Botanical Gardens • Nick Tierno, General Manger-Centerplate, Miami Beach Convention Center 442 • • • Jose Sotolongo, Executive Director, Miami-Dade Sports Commission Richard Murry, President, The Murry Agency Karen Brown, Executive Director, LGBT Visitors Center The Honorary Directors consists Honorable Matti Herrera Bower, Mayor of the City of Miami Beach, and the Honorable Michael Gongora, Commissioner of the City of Miami Beach. While our 501 (c) (3) is established, the Miami-Dade Gay & Lesbian Chamber of Commerce Foundation, Inc (MDGLCC Foundation, Inc) is our fiscal agent. Donations Payable to: MDGLCC Foundation, Inc (notes) worldOutgames 2017 P.O. Box 191929 Miami Beach, FL 33119 II EVENTS worldOutgames 2017 will be held Friday, May 26 to Saturday, June 3, 2017 and has three components - a Human Rights Conference, Sports Events and Cultural activities. A. Human Rights Conference Continuing the reputation of stellar conferences on the state of Human Rights for LGBTQI people around the globe, The League will present a world forum addressing the pressing issues at that time. An evaluation of the 2013 Antwerp conference will help to inform the committee as to areas of concern and further direction. The Human Rights Conference at the worldOutgames 2017 will take place at the Miami Beach Convention Center Friday, May 26 to Monday, May 29, 2017. We would like to take the approach of listening, not preaching. Starting in late 2013, advisory committees will be formed. • International Leadership -Quarterly conference call with leaders from several under-served countries and our state especially Central and South America, Africa, Asia and Muslim nations. • National Leadership -Equal representation and equal geographical representation Oytreachjng A local advisory group formed mainly of representatives from the National Gay and Lesbian Chamber of Commerce (NGLCC), National Gay and Lesbian Task Force (NGLTF), Human Rights Campaign (HRC), The Victory Fund, National Center for lesbian Rights (NCLR), International Gay and Lesbian Human Rights Campaign (IGLHRC) and other International rights organizations. A request for abstracts will be distributed in summer 2016 for workshops that address the current areas of Interest of our community; however topics of definitive inclusion are: • LGBTQ Families • Worldwide Marriage • Legal Health (Men's & Status • Women's) • Religion • HIV/AIDS • Youth* • Business 443 *Youth 17 & under (not excluding 18-24 years old in certain instances) We are working towards a partnership with Pridelines Youth Services and other local organizations to develop a tandem track during the events. Additional workshop tracks will be added based on abstracts received. The program will feature over 3 days of workshops with more than 125 specialize platforms offered. All workshops will be recorded and available as podcasts or mp3 uploads. For those in certain fields, we will try to offer Continuing Education Units (CEU) and CLU's will be offered. In addition to the workshops and plenary sessions, the conference will feature a business & travel expo that will highlight both international business and run through until Closing Ceremonies. A plan of over SO booths will be set up in the common areas of the Miami Beach Convention Center. As a great opportunity to continue education the general public, we would identify several shorter workshops and offer during the week of the Miami Beach -Miami worldOutgames 2017. Conference 5chedule Day 0 -May 25, 2017 Registration Opening Reception late afternoon Day 1 -May 26, 2017 Opening plenary session Lunch Expo opens following Plenary Workshops Reception Day 2 -May 27, 2017 Expo open Workshops Main Plenary session Lunch Workshops Opening Ceremony Day 3 -May 28, 2017 Expo Open Workshops Lunch Day 4 -May 29, 2017 Breakfast Closing of Conerference As the world continues to change, the focus of the conference will be on the topics that are at the forefront in the coming years. Both a collective of national and international organizations and the workshop abstracts that are submitted will determine the direction. A committee Including leaders from these organizations will review abstract submissions for relevance, impact and professionalism to 444 collectively create a conference that will be a must attend for anyone doing equality work around the globe. Proper interpretation, Day Care for participant's family will be provided. In addition, we would be looking forward to introducing a Youth Track for children of participants and provide a Safe Haven for those that need privacy for security reasons. Those delegates would receive a color~code credential to ensure our press respects their rights and we would take extra measure to reserve an area to avoid any photography We will need to start promoting the conference and outreach to South America, Eastern Europe, Middle East and Countries in Asia that are not represented in major conference in advance so Individuals can apply for visas and plan accordingly. We plan on having a dedicated staff member working with the State Department to help expedite visas for all. The Legacy would like to leave behind Is a global statement with one unified voice on priorities and steps to achieve our goals and send that message to United Nation's Diplomatic Offices B Sports The sporting component will include than 18 sports and over 31 sporting events (others are being considered and determined based in venue and interest at a later date) in the Greater Miami Area: 445 ..... .,.,_.. 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Row."I C'rntr1 Mi.Ami a. ... h lload• Mum• llPMh ""-wt• uu ldm••"" 1>o1r\ T~m .. m1 Par-II UM·N•1l'Wh•lt T"""'' C'tonl., UM·Nril!>l:holl'Trnn.1 C•ntri IJM NP11~hrlf '"""" (anl"' UM "* 1'w4'1Urn ,.. ... ..,, hach Ill~' a Mtantlc: Oaan Mwm. 8'-·W:" llli:Mlt~ 5 Atl.innt ()(l!'<1n r nnlfl"nh<m C'rntrr lummll\ ,.,. ""'"""""""hr._."°" r ... 1 ... h•mm~'••• MIAm. l'ltt<1<h flol<111ttl•I (j11ct.ri C'nlonv nw.1"' rn1nnv n...., ... Lie ltll' r.f•AVMI nw. ..... ......... 9 J 1.190 4,J'i)() 446 Tarwed Partldpants Sports/Events Venues •M1<1r11 ...... h ------------------------------------- C Cultural The Rainbow Village The worldOutgames 2017 Village will be created in the heart of the Historical Art Deco District on Ocean Drive. A tented city will be built a block away from the gay beach to house vendors, merchandising, cafe and beer gardens and a state-of-the art worldOutgames Stage for nightly competitions and entertainment, some free and some for a small fee. The Village will be a great meeting place to infuse new ideas and meet everyone from around the world. As the grand central of Miami Beach, it would be opened for 8 days from Noon to llpm and also house the smaller sports and cultural programs but not limited to worship services and healthy activities and feature the official results point for the sport and cultural disciplines (privacy permitting). This will provide a daily meeting place for all athletes, cultural participants and people of Miami Beach. Women's Space at the Miami Beach Botanical Gardens The Miami Beach Botanical Garden venue is situated directly behind the Miami Beach Convention Center in South Beach. This location will also feature an entertainment stage, the official results point for the sport and cultural disciplines, several food and drink vendors and merchandising stands. This will provide another daily meeting place for all athletes, cultural participants and the people of Miami Beach. Dances We do plan on producing events that are dedicated to specific niches in our community. Leather Dance, Circuit Dance, Women's Dance and Youth Dances will be designed and set to accommodate all the people that seek to enjoy and express themselves in a special place. Band Band participation will be highlighted in both Opening and Closing Ceremonies, and a special once-off performances. The band concert will be held at The Village. The Lesbian and Gay Band Association will also be holding their regional Events in 2017 Miami. Choral Miami has a long and prestigious history of choral singing. A gala choir concert will be held at The Fillmore Miami Beach at Jackie Gleason Theater, configured to accommodate 1,000 performers and 2,100 audience members. We prose a mass choir of 1,000 international voices for our Opening and Closing Ceremonies. Additional Cultural Events Museums -we will be working closely to all the local museums and set a standard discount to all worldOutgames 2017 participants. And the local Organizing Committee of worldOutgames 2017 may request to add additional participatory cultural events to the Cultural Program, based on their financial and logistics implications. Glow Run For the first time ever, we would be hosting a GLOW RUN that would be FREE and open to all as a Welcome Event and embrace all that would like to be a part of the sprit. With black lights and glow-in the- dark clothes, adults and kids would have a great time running up the coast and finishing of at the Village. OPENING & CLOSING CEREMONIES Miami -Miami Beach, the gateway between North, Central and South America will give the participants and guests of the worldOutgames 2017 an especially warm welcome at (tbd). With a perfect combination of feeling, impressive productions produced by a Grammy or Tony Award Winner and strong symbols of motivation for the games ahead, the Opening Ceremony will be an unforgettable experience for all involved. Closlng Ceremony 447 After all the competitions and cultural events have come to an end, each participant will have made new friends, obtained numerous impressions and spent an unforgettable week in Miami Beach-Miami. This will all be celebrated in the Closing Ceremony. The Closing Ceremony will take place in tbd. Athletes, artists, guests and people from Miami-Dade will all come together, on the final evening of the world0utgames2017. We will consciously forego formal entry of the participants and do without seating in order to encourage mingling of all groups and create a comfortable, personal atmosphere. A professional stage will be built to accommodate the formal elements of the Closing Ceremony and the following artistic program. III FINANCE We will be following Generally Accepted Accounting Principles and audited by a third party. Then our financial review will be presented to GUSA as directed by our agreements that illustrates the financial performance and strategic direction of the Human Rights, Sports and Cultural programs. A Projected Budget 448 INCOMI Income ..,. 1M4 ..... nM A E..,_ftt ~ ' l/i4t,170 1r, 41, ODenlnQ • CkJ1i•no ce,emornK ' l,119,~00 11.20~ ~lol Pmorl'lm") \ 1 ., .. Mil 11 7'tl\b P9rtn ... hte s J.oo~.soo J0.04% -·--- Government $ 1,000,000 10.00~ Mert.IMndlM ' 10,000 O.lO"iib Fund~na ' 127.250 1.27% TOTAL s 9,99fl.6l0 100.00% Income '. I J 1 1 •.o • 4 ...... ,, li\. 4 tw.•tfl' I Pf Pft ... •ftl • ''"" .... Pt O\l) MH\ ................ •tao.,,.......,., SJ 174 t.00 "' ,.... .. ' JIN AOO RRO-.. ' 595 588 5. 96.,_, I l.JO .. 200 l J.OS"ib ' 724GAO ?.2S~ ' 78 nr; 0. 79air. ' l. }Si 1, '960 I) S.9._ I 1.J • .!1:1 HYH U . .llJ~ ' 1, I 1A J40 11.AO~ ' JJ/,48'1 l.l8-- ' 'O t'JM n 'o~ s _1~~000 1.50% ' 2~000 .2.!:.0""-• •••• s 11120 100 OO"lb 449 INCOME Participant Aegistretion Fee Sport-s Ft'e Human R19hl Conlerence Fee Openi"'ll • Clolfng Ceremonies Cult,,.ral Program Women'!!: Program Corporate Partnership Merchandising Outreach-Fu ndrai!l.1n9 Cultural FC!C! Government Plrt.rlcr$"1p TOTAL INCOM! l!XPl!NSlS Attl!Jt~/S~k~r!I AV • llghtS/LfD AV Sound Awards A Medals RI llill1f''li4i. fl pn commun•tv Aw~ 1st Place Pr12e Crede"tlals Ol11l11g & Enll!f'tdllNn&!HI E"tertaJnMl!ftt/Pc!rtnl'IN!rc/DJ fQUIOment Purth&H Equipment Rental GUSA F~I Haspital•y (2 days) Housinljl·Aaommoc:t.t1om lnsuranct l.oull Transportation Marlceting & Promotia1u. Medic.I Supplies/Equipment Misc Oper.tt1ons -JT Operi1t1ons -Ofrlu1 Suppl•~& Opef.Cions -Office Equipment O~.C1ons • Office llurrwture Operations -omce Rental Polfce a Fre Postqe PnnMg Prnd11rt10on/nf>c'" nr Outr••ch P.ee~ SKurity SiQnaoe Sports • Location Cm;t Sporbi · M•rketlng Cast Sports -Management Cost Sports -Venue Rental/Cost Staffing A Payroll I\ ColNnl!>!liam;. Stipends Tee Shirt TKhnlcal Pt!nmnnf!I Tr.avictl Air Undorm -St.rt v.nue Ren .. I Vldto/R.:alll Production Volunteers Volu"tecni ·Tee St11rb Merchandising cn1noency Community l~QOLY TOTAL IXPINlll ii. Fee Structure S2,l83,370 SR60,900 $297,SOO Sl,119,SOO 5968,850 1us,1so Sl,002,SOO SJ0,000 SJ271250 180,000 $1,000,000 19,915,620 1591.700 s200.ooo S117.000 133,000 ~s.ooo il7,000 S51.812 S277.SOO il26,SOO so U25,000 128.t,JOO UH0,000 180,300 J32,275 120,000 Sl,321l,AM 532,000 sa1.soo 1119,765 S!io0,000 SSS,000 SS0,000 1149,000 $2t!2,000 SS0,000 548,500 '41, 100 $1U,11t9 $45,000 Sl81,SOO 182,SOO S99,000 544,800 S488,SOO U,17R,2"l0 $10,000 $87,171 S7t,SOO U0!>,000 US,000 5122,500 $200,026 11Z,SOO 524,555 S20,000 $150,000 $250.-000 St.•s.•20 All projections based on US currency and the current economic environment 450 Sports, Human Conference, or Cultural Program Registration Fee $140 Spotts, Human Rights Conference, or Cultural Program Participant and Spouse Early Bird Registration Fee $150 Sports, Human Rights Conference, or Cultural Program Participant and Spouse before Dec 31, 2016 Registration Fee $115 Youth/Students of any Sports, Human Rights Conference, or Cultural Program Participant Registration Fee includes: • Opening/Closing Ceremonies -Participants Area • Program Guide • Official Participation Shirt (Limited edition) • Closing Party Ticket • Reduced Rate to all Official Events produced by worldOutg•mes 2017 • Reduced Meals and Drinks at the Village • One Ticket to Cultural Program • Participant Medal • Transit Ticket Sports Program Spectator Tickets Indlvldual Tickets wlll be available and sold separately B Corporate Partnership (Potential List) Corporate Partnerships are going to play an important role in the overall success of our event. But, it will not only be a success for the organizing team, but a win for both the corporate partner and the City of Miami Beach. Here Is a tentative llst of companies that we have started initial conversations with. 1. Centerplate (who has already assisted us financially) 2. Coca Cola 3. Heineken-Budweiser 4. American Airlines 5. American express 6. Marriott Hotels 7. Subaru 8. Super Shuttle 9. Front of the House 10. Elden Electric 11. Edd Helms 12. Prestige AV & Expo 451 13. Accurate Security 14. Waste Management 15. Smart City C Hotel/ Lodging on Miami Beach - The committee is working directly with Barry Moskowiz, from the GMCVB in regards to securing and arranging the appropriate lodging/hotel rooms for the worldOutgames 2017. A specific host hotel has not yet been chosen. The Loews, Marriott and Ritz Carlton are all large enough to be considered for this function and are all located close to the center Hub of the event which will be the Rainbow Village at Lummus Park Beach. Having a partnership with the local GMCVB expert as well as the local Hotel Association Organization will aide us in making this decision shortly. In addition to the official host hotel it is already known that many of the International GLBT Sports organizations book entire hotels near their venue for this event and for similar international competitions. It is our understanding that one of these organizations IAGLCWDC (venue is the Miami Beach Convention center) has already started conversations with both the Dorchester and the Marseilles of which they will book 1000/o. The goal is to provide a great selection of hotel properties to our attendees, stressing the importance of utilizing hotel rooms near all of the events and social gatherings ... that is Miami Beach. ·--~---..... ~· -lii!ll~·························---·-... -,-....-.... .,._ ·.-~----·· '1~-•.. _, -· + • • ' ! ' ' • • • ..... _ II a " - ' . Pq• 1of1 452 IV MARKmNG PLAN Miami Beach is no newcomer to major events. From Super Bowls to the MTV Video Music Awards to Art Basel Miami Beach, our experience reaches far across all cultures and media mediums. Additionally, the city has played host to numerous, world-class LGBT events, festivals and fundraisers, lnduding Winter Party Festival, White Party Week, Miami Beach Gay Pride, Aqua Girl and the Miami Gay & Lesbian Film Festival, to name a few. From a marketing and promotions standpoint, we have existing relationships across all of the key marketing-related disciplines and can leverage not only our paid support from these media partners, but also editorial support as well. We would design and implement a multi-level global marketing campaign for worldOutgames 2017 that would Include several disciplines: • Public Relations • Special Events • Media Relations • Social Media Marketing • Advertising This wlll serve to integrate the worldOutgames 2017 into the community as an event that the community is not only hosting ... but also supporting. Key Elements of Marketing Outreach: • IT'S SO MIAMI -Quarterly video on YouTube promoting LGBT community in Miami area • Faces of worldOutgames 2017 Athletes Circle -Quarterly column highlighting openly out and friendly athletes globally • Media FAM Tours -With the help of the GMCVB, we can organize 6-10 international journalists to visit and write about Miami Beach • "How Am I" report -Once the website is launched, we will prompt athletes and cultural members to upload their profiles. • Global Outreach Tours -Starting in June 2013 until December 2013: June Washington NIKE Meeting June 26-28 Peru, South America Fifth Convention of the "Asociaclon Internacional de Familias por la Diversidad Sexual" Lima PerucJune 27-30, 2013 Representatives of 23 COUNTRIES will attend: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Portugal, Puerto Rico, Spain, Uruguay, U.S.A. and Venezuela. The goal of the convention is to promote and strengthen ways to support to persons who are lesbian, gay, bisexual or transgender {LGBT). June 28-30 Santo Domingo, Dominican Republic Santo Domingo Pride: Promoting WOG with a Miamian DJ and then meeting with Political and local leaders July/August Antwerp, Belgium worldOutgames 2013 Sept mid Guadlalhera, Mexico Nov mid Asia -Shanghl, China, Singapoer, Tapei, Tawain 453 • • • Promotional Tours -Starting in 2014, making sure we visit and activate booths/floats in 5-10 cities globally and increase every year by 2 cities. We would partner with a local sports/cultural group and pay all the expenses. Global Language -Besides English, Spanish, Portuguese, Mandarin, German, Hindu and several underserved countries, we would have a dedicated section to their language. Global Events -As part of our Promotional Tours, we would make sure to attend the Pan American Games, Gay Games, Continental Outgames and the Olympics in Brazil Additionally, we are planning to engage the professional services of local marketing agencies such as The Murry Agency, a Miami Beach-based marketing and PR firm with international events and LGBT-orlented contacts and experience, including: the National Gay & Lesbian Task Force, Winter Party Festival, Miami Beach Gay Pride, Miami Gay & Lesbian Film Festival, Pridelines Youth Services, Sizzle Miami, the Miami- Dade Gay and Lesbian Chamber of Commerce, the LGBT Visitor Center, and more. The Murry Agency Is also certified by the National Gay and Lesbian Chamber of Commerce as an LGBT Business Enterprise™ (LGBTBE) through the NGLCC Supplier Diversity Initiative. V OUTREACH PLAN The worldOutgames2017 Outreach Program will be designed to provide assistance to those attendees who wish to participate but cannot afford to do so. $1-$5 from the registration fee will be earmarked to help low-income participants requiring assistance to attend the world0utgames2017. This funding will be dedicated to the travel, housing, hospitality and event participation fees of those attendees who qualify. Additionally, a portion of each fund raising event for the world0utgames2017Miami Beach will be allocated to support community grants. Dormitories at the University of Miami will be reserved for recipients of the scholarship and will include meal options. This option will also be made available for large sporting teams looking to stay in close proximity to their sporting event. Public transportation and shuttle service will be within walking distance to ensure that all attendees can easily access transportation to all event surrounding the worfd0utgames2017. We will also be actively pursuing individuals and focusing on our marketing efforts In the following regions and working to recruiting 26% above our budgeted participates to prepare for attrition: USN CANADA 40% Europe and Middle East 18% Latin America & Caribbean 23% Asia. Pacific Africa 15% 4% 454 worldOutgames 2017 Budget Summary INCOMI! Income ~ Rea1stration & Event Fees s 3 541 770 35.43% O.,..,,ina 81 CIOSina ceremoni1 s 1 119 500 11.20% s~ial Proorams :$ l 174 600 11.75% P11rtnershio s 3 002 500 30.04% Government s l ODO ODO 10.00% Merchandise $ 30 000 0.30% Fund RaiSina $ 127 250 1.27% TOTAL $ 9,995,620 100.00% ,_ .. ._ .. " Income •ft~stntlon & Ev~tFff\ • Opftllng & Closing ceremoni.i. •Sp~lal Programs • Partner\hlp •Government · Fund Raising $1,174.600 l!XPl!NSU Soorts $ Human Rloht Conference $ Ooenina & Ooslna Ceremonie s Cultural Proaram s Women's Pmoram s Orworations: Admin s ODMations: Marketina s ODl!rlltiOns: Staffino $ Outreach s MerchandlSlna s COntinaencv s COmmunitv Leaacv s TOTAL l!XPl!NSl!S s EXDeftMS ~ 879 800 8.80% 595 588 5.96% l 304 200 13.05% 724 680 7.25% 78 775 0.79% 1 357 960 13.59% 1 328 888 13.29% 3 178 240 31.80% 127 489 1.28% 20 000 0.20% 150 DOD 1.50% 250 000 2.50% 9 995.120 100.00% Expenses •~ports • Hwnan Right Conference •Opening & Closing C«emonl~ •Cultural Program •Women s Program •Operation\: Admln • Op«atlons: Marketing • Operadon'I.: stiffing • OutreoKh • M erchandlslng • Contlngencv .. Community Legacy 455 .i::. CJ'I 0) • """°"" .... .... -.. ~ lA ...,. lfllmr ......... I .... i:lllP Mif~'tr . ~~ 1:!...;.t;;---··-____ ] • -11u1-.a1--• ~L _ ..... • ii .• ,,. ' I<' ,...,at.earn : ••I, " ;.o 1 If ···;j Wortd Oo.JI Games 2017 -Vl'l1ues .. .• ·--"' ' 13 I l'f'.V' ',. tf'l --------·· II· --" p •• . °'*,.... I •. , ... ,.., oci -~ ...... Qr I -Cttflc c......,auir @• ~!!!'• • H1all!MI t!Bt ........... 1 .. 1ttlr r•irrf ,_, .. . . ., .... , ···~wa-w111np __ I ......... e:-cs ,/ 'St-ti• HI°'"'" Alb!• 'Opfl'llnq~l t Swrnl"'"'J T...,.. T...,k & C>eld • 5occ« So"!ball • s...i<elb.il Flt'ld-locitey • •.u l1eq1"1a<oo >Unan Riqli f women,vi11a9e ' W<riQ CV-Gome• v~& S.a .......... ,r..,. ·~ -"' " f ~~ '<~!~I "" \,,,_ .. , [ ...... ~ r•Mo• --~11-r.M-IOll t1-t'1'·.iJ ..... :'l ·~· ~ ·-., .. , ... L'.:>l'.t '•" .. ,. ·-· c#""'~ . lh ';-.;" --..... § 0 , ... , l ...... _ ...... ~ 'i J' ,.,. ··t••·)• . lo llmw <:GllOoww .. .i /:' l ·~1 ...-l ... ·~'€3 .. .,....p .. --~...,.{.......... -ti,, lllri llm:tl Doll CM! ~"-c ... 1,-t,i,_\l,11 I .l.UIMUIPlrk l!:.-..... -, Mia,· -'... l.lwtm,.... 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BulaoM a.d!1I (~· ~JI· --·ill~ ..::... 1iit1 c--...... c.. t.lu1 d.• .. i-~.:-)' + f,1''1-(1-'1:.00'Tl-1 -~ 111111 ..... a 6 we-~· · · • ~ ~ ..... \,., .... .,... .c.J • . ~ ~-Page 1of1 RESOLUTION NO. ------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH MIAMI BEACH-MIAMI LGBT SPORTS AND CULTURAL LEAGUE, INC. FOR $100,000, WITH $50,000 TO BE REPAID UPON RECEIPT OF FUNDING FROM THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY, IN SUPPORT OF THE WORLD OUTGAMES 2017. WHEREAS, the Miami Beach -Miami LGBT Sports & Cultural League, Inc (LGBTSCL) is a Florida non-profit organization formed to bid on the World Outgames and to insure that a competitive and organized bid was delivered to the Gay Lesbian International Sports Association (GLISA) for the World Outgames 2017; and WHEREAS, on March 2, 2013, GUSA announced that LGBTSCL will host the 2017 World Outgames from May 24 -June 3, 2017; and WHEREAS, LGBTSCL has worked with City Staff and the Greater Miami Convention and Visitors Bureau to refine their economic impact estimates, which are projected to be in excess of $88 million; and WHEREAS, the Finance and Citywide Projects Committee (FCWPC) considered this request at their January 30, 2014 meeting and recommended support of the World Outgames 2017 by a City grant in the amount $100,000, with $50,000 to be repaid once the Miami Beach Visitor and Convention Authority funding is disbursed; and WHEREAS, pursuant to the FCWPC recommendation, the Administration received the attached 2014 budget, Exhibit 1, and also worked with LGBTSCL to develop benchmarks, which are attached as Exhibit 2, for inclusion in the grant agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee and authorize the City Manager to enter into a grant agreement with Miami Beach- Miami LGBT Sports and Cultural League, Inc for $100,000, with $50,000 to be repaid upon receipt of funding from the Miami Beach Visitor and Convention Authority, in support of the World Outgames 2017. PASSED AND ADOPTED this 121h day of February, 2014. Attest: Philip Levine, Mayor Rafael E. Granado, City Clerk T:\AGENDA\2014\February\World Outgames Grant RESO doc.docx 457 THIS PAGE INTENTIONALLY LEFT BLANK 458 C7 • Resolutions C7P A Resolution Waiving Building Rental Fees At The Colony Theatre, In The Amount Of $9,700 For The Miami Gay & Lesbian Film Festival's 16th Year Celebration. (Requested by Commissioner Micky Steinberg) 459 Agenda Item C 7 P Date ~-/'2-/tf T H E A T R E EVENT NAME: Miami Gay and Lesbian Film Festival 2013 EVENT DATE/TIME: April 27-May3 PROMOTER:Miami Gay & Lesbian Film Festival DATE PROVIDED: Jan 27, 2014. RENT NON PROFIT RATE PER DAY ESTIMATED EXPENSE Performance Day (250.000 -Below) $ 650.00 s Performance Day (250,000 -500,000) $ 850.00 4 $ 3,400.00 Performance Day (500,000 -Above) $ 1,100.00 s - Second Same Day Pertormance 250,000 -Below $ 325.00 $ - Second Same Day Performance 250,000 -500,000 s 425.00 8 $ 3,400.00 Second Same Day Pertormance 500,000 -Above $ 550.00 $ - Tech/Rehearsal Same Day As Show (4 hrs) $ 300.00 s - Load in/Rehearsal Date (12 Hours) $ 550.00 $ - RATE PER HOUR ESTIMATED EXPENSE Pre reception cocktail $ 125.00 $ - SPECIAL SCREENING, SUMMER RATE t"t:I'( DAY ESTIMATED EXPENSE AND MID-WEEK RATES Monaay-weonesoay screenings with 1st show house fees, $ 1,100.00 2 $ 2,200.00 July 1-August31 and $ 700.00 $ - Second Same Day Performance $ 350.00 2 $ 700.00 EXTENDED RUN RENTALS RATE PER WEEK ESTIMATED EXPENSE Runs of 12 days or more with a minimum of 8 performances (8 hrs per day) $ 4,250.00 s AUDITION/REHEARSAL RATES RATE PER DAY ESTIMATED EXPENSE 6 hour days $ 400.00 s NON TECHNICAL SUPPORT RATE HALF DAYS ESTIMATED EXPENSE 4 Hour Min of Just Sound and Work Lights $ 250.00 EQUIPMENT RENTAL RATE PER DAY ESTIMATED EXPENSE Marley Floor 1st Day s 65.00 s - Marley Floor additional Days s 50.00 s - Wireless Microphone $ 65.00 $ - Analog Monitor Mix of 5-6 $ 300.00 35mm Projector $ 150.00 s - Video Projector (2200 lumens) $ 100.00 $ - HD Projector (8000 lumens) $ 500.00 $ - HD Projector (8000 Lumens) M-W $ 350.00 $ - DVD Player s 50.00 $ - Blu Ray Player $ 50.00 $ - Piano $ 250.00 $ - Spot light $ 50.00 $ - DF-50 Hazer $ 75.00 $ Platforms/Risers $ 15.00 $ Disposables $ 1.75 s SUB TOTAL: s 9,700.00 460 FRONT OF HOUSE AND BOX OFFICE FEES RATE PER DAY ESTIMATED EXPENSE Front of House Staff $ 475.00 4 $ 1,900.00 Front of House Staff, 2nd :;ame day performance $ 250.00 10 $ 2,500.00 PRODUCTION CREW RATE PER HOUR Steward (5 hr min) $ 24.72 48 Department Head (4 hr min) $ 23.35 48 Department Head (4 hr min) $ 23.35 48 Journeyman Stagehands (4 hr min) $ 21.96 Projectionist 35 mm (6 hr min) $ 35.71 48 AV Technician (4 hr min) $ 23.35 Wardrobe (4 hr min) $ 23.35 TIME & HALF PER HOUR Steward $ 32.86 16 Department Head $ 32.18 16 Department Head $ 30.75 16 Journeyman Stagehands $ 27.75 Projectioni5t 35 mm $ 48.86 16 AV Technician $ 32.18 Wardrobe $ 32.18 DOUBLE TIME PER HOUR ESTIMATED EXPENSE Steward $ 49.44 $ 1,712.32 Department Head $ 46.70 $ 1,635.60 Department Head $ 41.00 $ 1,612.80 Journeyman Stagehands $ 43.92 $ - Projectionist 35 mm $ 71.42 $ 2,495.76 AV Technician $ 46.70 $ Wardrobe $ 46.70 $ - STAFF TOTAL $ 7,456.48 INSURANCE POLICY RATE PER SHOW ESTIMATED EXPENSE 2,000,000 Policy for Theater rental $ 210.00 $ ESTIMATE TOT $ ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE All prices are based on a four hour call. Three Stagehands provided per call Client w1 I be charged for any Overtime or Double time acquired by the production staff Video Operator is required for all uses of the Theatre's video production capabilrnes There is 15% commission fee for all mercharidise sales. All payments must be mailed to the Colony Theatre at 1040 Lincoln Rd, Miami Beach. Fl. 33139 Payment are to be made payable to The Miami Beach Convention center. Cash. Checks and Cashier Checks are the only forms or payment ace<>pted by the Colony Theatre, Credtt Card payment,; are not accepted 21,556.48 Lessee agrees to the terms and conditions of this RIDER TO VENUE CONTRACT as part of the LEASE AGREEMENT and understands that the Final settlement may contain different expenses or credits not mentioned on this document as the RIDER TO VENUE CONTACT serves only as an estimate. LICENSOR: Global-Spectrum LESSEE: DATE: DATE: 461 EVENT: PROMOTER: EVENT DATES: THE COLONY THEATER Settlement Recap SETTLEMENT OF PROCEEDS MGLFF Miami Gay and Lesbian Film Festival Total Ticket Sales Full Price Ticket Discounted Tickets Aprll 28-May 4, 2013 (PromoterV-Type) Consignment Tickets (Promoter T-Prom) Consignment Tickets Gross Box Office Receipts plus: State of Florida Admission Tax@ 7% exempt Less: Total Building Expenses Less: Advanced Deposits ~ 6793 6823 6824 Net Box Office Receipts Net Receipts Date 3.13.13 4.26.13 4.29.13 Amount 1,437.75 6,522.50 6,522.50 Total Deposits 3,285.00 $3,237.00 48.00 0.00 0.00 3,285.00 0.00 (8,178.50) 3,285.00 (4,893.50) 14,482.75 AMOUNT DUE TO MIAMI GAY & LESBIAN FILM FESTIVAL: $9,589.25 AGREED AND ACCEPTED BY: Miami Gay and Lesbian Film Festival AGREED AND ACCEPTED BY: ROBERT L. BALSAM, GENERAL MANAGER MIAMI BEACH CONVENTION CENTER SIMONE WILLIAMS, ACOCUNTS MANAGER MIAMI BEACH CONVENTION CENTER 462 RESOLUTION TO BE SUBMITTED 463 THIS PAGE INTENTIONALLY LEFT BLANK 464 le:. /v\IA/V\I BEACH -==- JOSE SMITH, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Philip Levine Members of the City Commission Jimmy Morales, City Man.ager (~ Ralph Granado, City Cler. 1 : ~ Jose Smith, City A~rn, <) February 12, 2014 "-,.- A Resolution Authorizing the City Manager to Investigate Any and All Options to Expedite Construction on the FOOT Alton Road Improvements from 5th Street to Michigan Avenue Pursuant to the request of Mayor Philip Levine, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 12, 2014 City Commission meeting. F:\ATTO\TURNIMEMOS\Expectite FDOT Alton Road Construction.docx 465 Agenda Item CI 6l Date ~-/~-llf RESOLUTION TO BE SUBMITTED 466 C7 -Resolutions C7R A Resolution Setting A Public Hearing To Adopt The Third Amendment To The Capital Budget For Fiscal Year (FY) 2013/14. (Budget & Performance Improvement) (Memorandum to be Submitted in Supplemental) 467 Agenda Item C7 R. Date :Z-IZ-1(/ THIS PAGE INTENTIONALLY LEFT BLANK 468 C7 • Resolutions C7S A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals Received Pursuant To Request For Proposals (RFP) 14-11/12 For A Public- Private Development In Miami Beach On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 17th Street And Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson Avenue And Meridian Avenue On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 17th Street And Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson Avenue And Meridian Avenue. (City Manager's Office/Procurement) (Memorandum to be Submitted in Supplemental) 469 THIS PAGE INTENTIONALLY LEFT BLANK 470 COMMISSION ITEM SUMMARY Condensed Title: Second 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. Ke Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and rowth mana ement across the Cit . Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort ut forth b the Ci to re ulate develo ment is "about the ri ht amount." Item Summa /Recommendation: SECOND READING PUBLIC HEARING 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 DRB or HPB. On January 15, 2014, the City Commission approved the Ordinance on First Reading, including the amendments suggested by the Administration, and set a Second Reading Public Hearing for February 12, 2014. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: 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 bv a vote of 7-0. 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: J Thomas Mooney Si n-Offs: Department Director Assistant City Manager --·-, _ . .- T:\AGENDA\2014\February\Oversized Single Family Homes -SUM 2n MIAMI BEACH AG ENDA ITEM ____.8---=-S°~A........,...... DATE :; -Id-/ lf 472 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SECOND 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 Adopt the Ordinance. 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 origrnal 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'. 473 Commission Memorandum Ordinance -Oversized Single Family Homes February 12, 2014 Page 2of 9 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 slze (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 City Commission has approved an Ordinance at First Reading (January 15, 2014) 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. 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 DRB. 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 ORB. 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 DRB/HPB 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 buflt 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 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 474 Commission Memorandum Ordinance -Oversized Single Family Homes February 12, 2014 Page 3of 9 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 all districts and the ability of the DRB/HPB to forgo the unit size restrictions above 50% has been removed. 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 those projects where the lot coverage is 25% or greater. 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 allow non-air-conditioned floor space proposed to be located below minimum flood elevation, to not count in the unit size calculations, provided the area remains 50% open. 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. 475 Commission Memorandum Ordinance -Oversized Single Family Homes February 12, 2014 Page 4 of 9 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% / 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% I 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%I7,112 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 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 476 Commission Memorandum Ordinance -Oversized Single Family Homes February 12, 2014 Page Sof 9 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, with the exception of those lots zoned RPS-3. 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 stairviJells, elevators, and parapets, included are several modifications to minimize these impacts. StairviJells 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 front and side walls 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 50 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 Planning Board recommended the following applicability schedule be included in the Ordinance: 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 477 Commission Memorandum Ordinance -Oversized Single Family Homes February 12, 2014 2. Anyone who purchased property within the three months prior to July 17, 2013; or Page 6of 9 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 As indicated previously, 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 proposed Ordinance was approved at First Reading on January 15, 2014, and referred to the Land Use and Development Committee (LUDC) for further discussion, prior to Second Reading. The following is a summary of the proposed changes to the Ordinance, as recommended by the LUDC: • Section 142-105(b )(1) previously proposed to set a maximum unit size of 40% for lots zoned RS-1/RS-2 and a maximum unit size of 50% for smaller properties zoned RS- 3/RS-4; the ORB could allow up to 50% for RS-1 and RS-2 properties. The rationale behind this distinction was to require a ORB hearing for very large homes on RS-1/RS-2 lots, which are typically larger than RS-3/RS-4 lots. The LUDC recommended removing the 40% distinction for RS-1/RS-2 lots, and to allow an across the board maximum 50% unit size for all sites, regardless of zoning classification. • Section 142-105(b)(3) proposes maximum lot aggregation of no more than 3 contiguous lots, in the event that the 3rd lot is used only for accessory structures and amenities. The LUDC recommended that this section be clarified to permit a new home to be located in the middle of a site consisting of 3 lots, provided the sum of the side yard setbacks of the main structure are equivalent to the width of the smallest of the 3 aggregated lots. Additionally, the overall unit size and lot coverage of the main home would be based upon the combined size of the largest 2 lots. • Section 142-105(b){4)c proposes that the 'physical volume' of the second floor of a new home not exceed 70% of the first floor; this threshold can be waived by the ORB. 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 478 Commission Memorandum Ordinance -Oversized Single Family Homes February 12, 2014 Page 7of 9 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 compatibillty with the surrounding area. 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. The LUDC recommended that the 70% 2nd floor volume rule only be mandatory in those instances where the overall lot coverage for a proposed home is 25% or greater. Additionally, this 70% requirement for 2nd story volume can still be waived at the discretion of the DRB/HPB, which provides an appropriate safety valve exists for unique conditions and circumstances. • Section 142-105(b)(6) introduces minimum ten (10') foot setback requirements for roof decks from the side and front walls of a home. The LUDC recommended that a ten (10') foot setback also be required from the rear wall of non-waterfront lots, unless waived by the DRB/HPB. The DRB/HPB would only have the authority to waive the rear setback on non-waterfront lots. • Section 142-105(b)(1) proposes to set a maximum height limit of 28 feet (31 feet for sloped roofs) for lots zoned RS-1/RS-2 and a maximum height limit of 24 feet (27 feet for sloped roofs) for properties zoned RS-3/RS-4. The rationale behind this distinction was to distinguish between very large lots that can more easily accommodate larger, taller homes, and those smaller, interior lots that could be potentially overwhelmed by larger homes. Although there is a clear distinction regarding the lot sizes in RS-1, RS-2 and RS-4 zones, properties zoned RS-3 present more of a challenge. In this regard, there are a number of lots in the RS-3 districts that are consistent with the larger lots zoned RS-1 /RS-2, as well as a number of lots closer in size and neighborhood context to those zoned RS-4. The LUDC recommended retaining the maximum height limit of 24 feet (27 feet for sloped roofs) for properties zoned RS-3, but allow the DRB/HPB to waive these lower height limits for RS-3 zoned properties, and allow up to 28 feet (31 feet for sloped roofs). • Applicability. The Planning Board recommended a series of exemption thresholds for those homes that were in the development review process as of July 17, 2013. The LUDC recommended that the applicability date be moved to September 24, 2013, which is the date that the Planning Board transmitted the Ordinance to the Commission, but only apply to those properties that either obtained a Full Building Permit or approval from a Land Use Board by September 24, 2013. The aforementioned recommendations of the LUDC have been incorporated into the Second Reading Ordinance and are identified in the text of the proposed Ordinance wlth a double underscore and a €1@w91e strike tl;;irw. As it pertains to the proposed 'Applicability' of the Ordinance, both the Administration and the City Attorney suggested potential alternatives at the LUDC meeting. In the event that there is no consensus on the recommendation of the LUDC, the Commission may wish to consider the following options: 479 Commission Memorandum Ordinance -Oversized Single Family Homes February 12, 2014 Option 1 This ordinance shall not apply to: Page Bof 9 1. Anyone who filed an application for Land Use Board Approval with the Planning Department on or before September 24, 2013; or 2. Anyone who obtained a Building Permit Process Number from the Building Department on or before September 24, 2013; or 3. 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 Option 2 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 September 24, 2013; or 2. Anyone who purchased property within the three months prior to September 24, 2013, provided an application for Building Permit and/or Land Use Board Approval for such property is filed within 60 days of the adoption of this Ordinance, and that such Building Permit and/or Land Use Board application is thereafter acted upon and does not expire; or 3. Anyone who entered into a contract to purchase property with a deposit in escrow prior to September 24, 2013, provided an application for Building Permit and/or Land Use Board Approval for such property is filed within 60 days of the adoption of this Ordinance, and that such Building Permit and/or Land Use Board application is thereafter acted upon and does not expire; 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 September 24, 2013 for development of the property, to the satisfaction of the City Attorney, provided an application for Building Permit and/or Land Use Board Approval for such property is filed within 60 days of the adoption of this Ordinance, and that such Building Permit and/or Land Use Board application is thereafter acted upon and does not expire; or 5. Anyone who establishes equitable estoppel as provided in City Code Section 118-168, by obtaining a building permit, Historic Preservation Board or Design Review Board approval prior to zoning in progress or City Commission adoption of this Ordinance. From November 2013 thru February 2014, 13 applications have been reviewed by the ORB, which would be able to travel under the old code if option 1 or 2 above is adopted. As it pertains to the proposed language for RS-3 heights, the Commission may wish to consider the following option: For RS-3 zoned properties, a fixed maximum height limit of 24 feet (27 feet for sloped roofs) for lots less than 10,000 square feet and a fixed maximum height limit of 28 feet (31 feet for sloped roofs) for lots 10,000 square feet and over. This would remove the need to go to the DRB, and would still take into account the distinction between those large lots zoned RS-3, which can more easily accommodate larger, taller homes, and those smaller, interior lots zoned RS-3, which could be potentially overwhelmed by larger homes. Finally, the Administration recommends 2 modest adjustments to the Ordinance, as noted hereto: 480 Commission Memorandum Ordinance -Oversized Single Family Homes February 12, 2014 Page 9 of 9 1. Section 142-105(b)(5)c of the proposed Ordinance pertains to the lot coverage calculations for 'Internal Courtyards', which are open to the sky. The Planning Board recommended that such courtyards be counted in the lot coverage calculations if they are substantially enclosed by the structure on four sides. However, the manner in which the proposed language is drafted does leave open the possibility that a courtyard enclosed on 3 sides could be exempt from lot coverage calculations, even though such an enclosure would likely increase the perceived volume of a new home. In order to address this potential shortcoming, the Administration would suggest a minor revision to this subsection, as noted hereto: 142-105(b)(5)c 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 few: 2 or more sides, shall be included in the lot coverage calculation. 2. Section 142-105(b)(4)b of the proposed Ordinance pertains to exceptions to unit size calculations. Some of these exceptions allow very large, covered terraces; balconies and porches to circumvent the unit size limits of the Code, even though, in some instances, they add substantially to the bulk and mass of a home. In order to address this potential shortcoming, the Administration would suggest a minor revision to this subsection, as noted hereto: 142-105(b)(4)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, provided any such covered spaces do not project more than ten feet from the building. 4. Enclosed floor space used for required off-street parking spaces (maximum 500 square feet). 5. Exterior unenclosed private balconies, provided any such balcony does do not project more than six feet from the building. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance, in accordance with the modifications recommended by the Land Use and Development Committee, and with the minor modification proposed for Section 142-105(b)(5)c and Section 142-105(b )( 4 )b, as noted above. Additionally, should there not be consensus on the LUDC recommendations for height limits in the RS-3 district or an 'Applicability' Section, the Administration recommends that the Commission consider the alternative RS-3 Heights and Applicability options, as summarized above. Attachments JLM/JMJ/TRM T:\AGENDA\2014\February\Oversized Single Family homes -MEM 2nd Read.docx 481 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 lmportant 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) RS 1, RS 2, RS 6, RS 4 <iistriets. The review criteria and application requirements de'Jolopmont rogYlations for the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows: (1) Compliance with regulations and review criteria. 1 482 a. Permits for new construction, alterations or additions to existing structures shall be subject to administrative (staff level) review by the planning director or designee, or iA sertain instaAoes subjoot to a puelis hoariAg by the single family residential review paAol (SFRRP) design review board (ORB}, or historic preservation 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_jn accordance with the applicable design review or appropriateness criteria. In the event the SFRRP does not sonvene due to laok of a quorum, the applioatioA may be roelireoted, at the oleotion of tho applioant, to the elesign ro'+<iew boarel or the historis prosorvatien boarel, whiohovor has juriselistioA. s. SFRRP approval shall be in assordaAce 1Nith the proooduros coAtainod in sostioAs 1 4 2 105 and 14 2 106. Further slarification of tho limits of the approval powers of tho paAol rolatii+<o to single family struob:1ros may be fo1:1nd within tho subsections. €kc. Notwithstanding the foregoing, for those structures located within a locally designated historic 8Ke district, or individually designated as an historic structure or site, eAfy-the review and approval of the historic preservation board~ may be required. ~-Notwithstanding the foregoing, for those structures constructed prior to 1942 and determined to be architecturally significant, in accordance with section 142-108 herein, effiy-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 listeel below: a. The existing conditions of the lot, including but not limited to topography, vegetation, trees, drainage, and waterways shall be considered in evaluating the proposed site improvements. b. The design and layout of the proposed site plan inclusive of the location of all existing and proposed buildings shall be reviewed with particular attention to the relationship to the surrounding neighborhood, impact on contiguous and adjacent buildings and lands, and view corridors. In this regard, additional photographic, and contextual studies that delineate the location of adjacent buildings and structures may-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. 2 483 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-A main existing structure shall be architecturally appropriate to the original design and scale of the main existing structurebuilding; the proposed addition may utilize a different architectural language or style than the main existing structure building strtJoturo may be architoottJrally redesigned, but in a manner that is compatible with the scale and massing of the original main existing structure building. consistent in desi§n and material threu§hout. h. Exterior ears on entl)"l1ays, doors and windows shall be prohibited on front and side elevations which face a street or right of way. i. At least J5 percent of the ro1:1uired front yard area and J5 percent of the re1:1t1ireel side yara area facing a street shall be sodded or landscapes perviol:Js open spaoe. 'ft.litt:i the mc:soptien of driveways and paths leasing to the building, paving may net O*tond any oloser than five foot to tho front of the b1:Jilsing. j. In no instanse shall tl:ie ele»'ation of any required yard be higher than one half the difference between grade, as defined in seotien 114 1, and the minimum required tlood ele»•ation. *=-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. Ap13lioations shall be made to the 13lanning de13artment and shall inol1:Jde the follo'Ning: 1. A completed applisation form. 2. A notarized m\'nor's affidavit. 3. Geier photegFaphs ef the site and aajacent properties. 4. Concept1::1al design drawings to scale incl1::1ding bl:lt not limited to a site plan, building fleer plan(s), elevations ans landsoape design, sufficient to evaltJate tt:ie o»'erall proposes projoot. Assitienally, dra•Nings shall be suemitted in "pdf' format in order ta all01N postin§ to the oi~''s plannin§ and zoning 1Neb13age. 5. Surveys dated within 6 A=ionths of tho application that inol1:Jde site elevations. 6. General zoning calculations and data stJffioiont to 8otormine 3 484 co1T113liance with zoning criteria. ~a. SFRRP DRB 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 DRB for non-architecturally significant homes constructed prior to 1942 and all homes constructed after 1942 shall be $150.00.require so•1on co13ios of tho required exhibits while staff lo't'ol rovio·.v shall require throe co13ios. c. All applications for rovio'N by tho SFRRP m1::1st be filed witt:i tho planning department no later than 21 calendar days before tho mooting date. (4) $,i;Jg!a family .resifJential .-:e·1tew panel. a. Ceff!fJo&i#on anrJ terFR offJaneJ memeeFs. The 13anel shall be co1T113osed of throe 1T1ombers, W.'-0 of wholTI shall bo architects andfor other registered design 13refossionals, and one shall boa resident of the city, each to serve for a term of one year. Panel members st:iall not deliberate in more than fol:Jr meetings 13er calendar year unless roq1:Jirod d1:Je to inability to satisfy the quoruRl requirement. b. MembershffJ and fll:Jalifieatton. Panel members shall be chosen by tho 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 rosidents of tho city. In do>leloping tho list of registered professionals, names shouls be submittos from tt:io following associations: 1. American Institute of Arcl=litocts, local cl=laptor. 2. American Society of Landsca13e Architects, local char:itor. 3. American Planning Association, local seotion. 4. Tho Miami Design Preservation League 5. Dade ~eritago Trust. c. Majority to DfJfJFeVfJ 13.'ans. Tho quorum for tho SFRRP shall be all tt:iree members ans a siRl13le m~ority will be necessary to approve any application. In tho o•t'ent the single family residential review r:ianol does not con't'ono duo to lack of a q1:Jor1::1m, the ar:ir:ilication may be rosiroctod, at tho election of tho ar:iplicant, to tho design review board or tho historic 13roservation board whichever has j1:Jrisdiction. The planning department shall provide staff s1::1pport to the SFRRP and tho city attorney's office shall provide legal cmmsel. d. Mee#Rg.s anfl Re#.'eiRfJ FBflU;Ff>J=ReRts. Tho SFRRP shall have regularly scheduled meetings on a monthly easis, or as frequently as noodos, as determined by tho 13lanning sireetor. Tho hearing before tho SFRRP shall be se nave, and tho a13131icant shall hm•o a 13roa1313lication conference 'Nith tho 13lanning director, or dosignee, prior to the submission of a request or an application to disc1::1se any aspoot of tho proooss. Noticing of SFRRP meetings shall occur no less than 14 calendar days prior to the hearing date ans shall be by mail notice and posting of the i;iroporty that is tt:ie subject of the hearing. The pro13ar:ation of the mail notice ans mailing 4 485 0. labels st:iall apply only to aeijaoent property O'Nners of single family zoned land no loss tt:ian 100 foot to oitt:ior side, rear and aeress a street or alloy from tt:io e*1erior property boundaries of tho suDjoot preporty. As an additional oourtesy, projeot drawings shall ea FJOStod onlino at tt:io oity's FJlanning and :z:oning webFJago. ReeommeRdations and appeaJ.s. In addition to OFJFJFO¥ing or denying the OFJFJlioation, tho panel may rooommond ot:ianges to tt:ie oonooFJtual plans and specifioations eased on tho reoommondations of planning department staff and/or tt:io comments written or other.vise from any momeor of tho public during its deliberation of the item. An appeal of any dooision of tho SFRRB st:iall be to a spooial master appointed by the city oommission, in acconfaneo witt:i tho procedures set forth in suesootion 118 537(b) of these land dO'+'Olopr:nont regulations. Thereafter ro•;iow sl=iall be by petition for writ of eertiorari to tt:io cirouit oourt. f. Foes 'fer e*8mination of plans anfl speeifiGations. Tho fee for applications to tl=ie SFRRP shall be $150.00. (b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single family residential districts are as follows: fat!.1Llot area. lot width, lot coverage, unit size. and building height and /J(;J!kJing requirements. The lot area, lot width, lot 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: 5 486 MiniRlblRl bQt 4 ~a (S<;;J1.1ai:w F-eeB RS 1 -30, 000 Ra 2 -1S, OQQ RS 3 -10,QOO Rs 4 -e,ooo MiniRlblRl bgt l6lidth (Fe8tt RS 1-100 Ra 2-75 Oseanfrent Ra 3 -50 1\11 .. ------· RS 3 -60 Ra-4 -50 *E.xsei;;it tl:lese lets frgnting en a s1.1I de sas ei: sir=s1.1laF sti:eet as 9efine9 in let ~ MiRiR=IWR=I URit Maxil'l'lblRl Unit ai;le (a'J1.1ar:e s i;1e (% et bet F-eeB Area} 5Q%, et let ai:ea with the ability te ir;;isi:wase te 70°" .:i...aoo thFe1.1gl:I si=RRF', l=IF'lil 9F IJRlil ar;ir;iFe~ral, as ai;ii;iliGablli 6 487 MaxiRlbll'l'l Q1.1ilding l=leight** :il5 felit ""1F h;ih• eo feet in u1idth eF ~ bets gr:eateF U::ian laQ feet in i,i~idU:i: 1-:i" r_ -• <--.a_. ---< StFl.IGh.li:&S 33 feet feF slelded Feef StNGtloli:&S. l=leight RlOl!JI also be 50% eflet ..,idth, I.lid te a Rlaxim1o1m ef J3 feet i:e9aFdless et let Si;l9 QF FQQf lYld9 tl:IFGl.IQh all=RRI?, l=IP!i eF Fl~EI ar;ir;iFeHal, as Olldldlisable ** l=lei9l:lt wl:lall be FReas1.1i:ed fl=Qm gi:ade, as defined iR westien 114 1 MaxiR11.1r:n f:>l1.1mb&F ef atel=i9S I") ....,L ...... -_...;...,.: ................... lleed ele•Qtien deteFminatien Zoning Minimum District Lot Area (square feet) Minimum Lot Width (Feet)* Maximum Lot Coverage for a 2-storv home (%of lot area)** Maximum Unit Size Maximum Building Height. (% of Lot Area) which shall not exceed two stories above the minimum flood elevation in all districts **** 1 Q9( ** * 5ID2 i--R_S-_1_--+-_3_0_.o_o_o_-+-___ 1_00 ___ --+--------+----------1 28 feet -flat roofs. RS-3 50-0cea nfront lots. 60-All others *Except those lots fronting on a cul de sac or circular street as defined ln lot width. **Single story homes shall follow the requirements of Section 142- 105(b){4)b 488 1Q9( ***50% ***M8t I@ iMllFiliUiilH '&Iii tu igl'( urh@A ilHFO!!lllil uy t~e l?PD er llPll', irl HIHmhUHll! with 8!i!pliHll8 lilHi!liM F@FFiR'P' llF - - -. ----- - - - - -~ 7 31 feet -sloped roofs. 24 feet -flat roofs. 27 feet -sloped roofs. May be increased up to 28 feet for flat roofs and 31 feet for sloped roofs. when approved by the ORB or HPB. ln accordance with the applicable design review or appropriateness criteria. 24 feet -flat roofs. 27 feet -sloped roofs. **** Height shall be measured from the minimum required flood elevation for the lot, measured to the top of the structural slab for a flat roof and to the mid-point of the slope for a sloped roof. Slngle Story homes shall follow the requirements of Section 142-105(bH4lb {2} Maximum number of stories. The maximum number of stories shall not exceed two above the minimum flood elevation. {91(3) No more than two contiguous lots may be aggregated, with the exception of the following: a_ 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; Q[ b. lot aggregation for the construction of a new home located in the middle of a sjte consisting of 3 lots. provided the sum of the side yard setbacks of the main structure are equivalent to the width of the smallest of the 3 aggregated lots. and the overall unit size and lot coverage of the main home shall be based uoon the combined size of the laraest 2 lots (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 story homes with an overall lot coverage of 25% or greater. the physical volume of the second floor shall not exceed 70% 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 above. 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 apply: 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. 8 489 3. The area under the first habitable floor of the main structure shall consist of non-airconditioned space, which is 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 directly below the first habitable floor. shall not count in the unit size calculations. provided it remains open in perpetuity. f&t.(§LLot coverage (building footprint). ~-General. +.,_1._ For lots aggregated after September 24, 2013, when a third lot is aggregated, as limited by Section 142-105(b)(3). the calculation of lot coverage shall be determined by the two lots on which the house is located .. Quilaings or strusturos may oooupy a maximum lot 0011erage of dB peroent of the lot area upon wFlioh tFlo builaing or struoture is ereoted through SFRRP approval, design review board or historic preservation board approval, as applicable .. ~b. One-story structures. One-story structures may exceed the maximum ~ peroent 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. ~· 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. l=lowo¥or, oOutdoor 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. ~-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 pro 11ided through restriotivo oovonant 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 9 490 defined in section 114-1 &:-_2._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. ~-Nonconforming structures. Existing single-family structures nonconforming with respect to sections 142-105 and 142-106, may be repaired, renovated, rehabilitated regardless of the cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter 118, article IX, "Nonconformance." Should such an existing structure constructed prior to October 1 , 1971, be completely destroyed due to fire or other catastrophic event, through no fault of the owner, such structure may be replaced regardless of the above noted regulations existing at the time of destruction. _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 142-108 (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 10 feet from each side of the exterior outer walls, when located along a front or side elevation, and from the rear elevation for non- waterfront lots. The ORB or HPB may forego the required rear deck setback. in accordance with the applicable design review or approoriateness criteria. ~(7) 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. f41_1._Chimneys and air vents, not to exceed five feet in height. (2) Decks, not to exceed six inches al3ove tho main roofline and not exceeding a corAl3inea aeok area of 50 poroont of tho onolosed floor aroa illlrnodiatoly one floor 13olow. tajL__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 1 O feet from the perimeter of the enclosed floor below. 10 491 ~L_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 FRa*iFRuFR porFRitted finished roof deck height. and set back a minimum of 10 feet from the perimeter of the enclosed floor below. t&f5. Rooftop curbs. not to exceed one foot in height. ~Q,__Stairwoll and oflevator bulkheads in general shall be located as close to the center of the roof as possible and tG-be visually recessive such that they do not become vertical extensions of exterior building elevations.:. located 9iroctly alor:1g reEJldiro9 setback lines. SF'RRP, historic preservation boam or 9esign review boar9, as applicable, shall be roEJuiro9 when the bulkhoa9's pra*imity to a property lino is closer than 125 percent of tho depth of tho nearest sotbaclc Depth shall be FReasuro9 perpendicular from tho property lino. f71L__Skylights, not to exceed five feet above the main roofline. t8-tL_Air conditioning and mechanical equipment not to exceed five feet above the main roofline and ~shall be required to be screened in order to ensure minimal visual impact as identified in the general section description above. t9tft.:._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 entryways. 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. (d) GoRElitioRal 1:1so permit. l\n application for a conc:litional 1::1so appro\•al for a parking lot pursuant to section 14 2 103 shall be subject to tho following roquireFRents: (1) Only an at grac:le, surfaced parking lot shall ee f)ermittod pursuant to this subsection. A parking str1::1cturo, builc:ling or garage st:iall not be permitted. (2) /\n application for a parking lot subFRittod pursuant to this subsection shall be subject to tho design review procedures, requirements an9 criteria and the landseapo requirements and criteria as set forth in chapter 118, article VI, and section 134 6, respectively. Those review criteria are in additian ta tho FOEJUiroel conc:litional use procedures ana eriteria sot fortt:i in ehapter 118, artielo IV. (3) F'or purposes of this s1::1bsoetion only, a parking lot 'Nithin the RS 4 aistrict shall not O*Geod 10,QOO seiuaro foot in area and 65 feat in width, inclusi'.io of all paved aAe lanesoapoe areas. (4) Permanent surfaces of a parking lot re¥iev.ied pursuant to thls subsection shall FReet the follO'Ning minimum setbacks: a. front yara: 20 feet. b. Side yarel, interior: a siao yarel imFRediatoly adjaeont to tho RS 4 elistriet, ton feet; otheF\viso :z:oro foot. a. Roar yard: five foot. 11 492 t:hc. No variances shall be granted from the requirements of this suesoction. 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 the second floor shall be set back a minimum of ten additional feet from the required front yard setback line. c. Up to 50 percent of the 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 SF"RRP, historic preservation board;....Q[ design review board approval, as applicable, in accordance with the applicable design review or appropriateness criteria. &-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 proximity to a parallel to a side property line shall not exceed 50 percent of the lot depth, or 00-60 feet, whichever is less, without incorporating additional open space. in excess of the minimum required side yard. directly adjacent to the required side yard. The additional open space shall be regular in shape, open to the sky from grade. and at least eight feet in depth, measured perpendicular from the minimum required side setback line. The square footage of the additional open space shall not be less than one percent of the lot area. 12 493 The threshold of the proximity shall be equal to or less than 150 percent of the width of the required side yard setback. The intent of this regulation 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 SF"RRP, 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 tAe-2.._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 tRe-filL_setback regulations existing at the time. unless otherwise exempted under chapter 118, article IX of these Land Development Regulations .. 2. When an existing single-family structure is being renovated less than 50 percent of the value determination, as prescribed by the building official pursuant to the standards set forth in the Florida Building Code. and the sum 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. 4:3--=-When an existing single-family structure is being renovated less than 50 percent of the value determination, as prescribed by the building official pursuant to the standards set forth in the Florida Building Code, and 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 #:te-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 grade. If the linear extension is two-stories. the second floor shall meet the minimum required yards and the recessed area created by this setback shall not be accessible or habitable. 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 lot width or seven and one-half feet. whichever is greater.TAis shall also apply to the construction of a second floor addition to single family homes constrncted as of (the effective date of this ordinance). The construction of a ground floor addition of more than ono story shall follow tho required setbacks. 13 494 (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, AFl~·eF1e 'NRe $ile€1 liil'"1 liilJiJilieliiltieFI fer ilevele~rroierit liilFIJiFe'.sliill 'NitR t!;ie fAlliilFIFliFI~ QeJiliil'°'i.1eF1t er fer JieFF'"1it !O!itR tRe liwililiFI~ i;;>eJiliil'°'F'"1eFlt eFI er lie*"9re zlwl~· 17; ~Q1 ii; er 2. AF1~1 8F18 'Nl=ls fllalF&l=liils8€1 f1F8fl8rl:y witl=lilil tl=l8 tl=lres 1¥i181ilt'"1s f!!Fisr t8 zlwly 17; :4QU; er 3. AF1~1 8F18 wl=le 81iltsrs€1 ililt8 iii ssritnu~t te fllalF&l=lliilse f1F8fle'°'y wit'"1 9 S8f!18&it il'I ssers'N JiFier t@ J1;;1ly 17, 2Q13; €IF 4. Ariy@F18 wl;i@ eshililisl;ies e~witliilile est@F1Ji18l liils stliilt8€1 i1=1 i;1eri€11i1 &liil88 lew es Jilf@V8r;t 9y e#iiliilvit liilFli €1ee1e1FR8F1tliilti8F1, eviileFl&iFI~ tl;ie e)(Ji1eF1€1it1o1re ef ~1=1€18 flFier t9 zlwly 17, 2Q13 fer €1evel8JiFA8Flt ef U=ie ~re~eisty, te tl=le 8liilti8fliilliltieF1 ef tl:le City AttiU'Fley; er e.. 1... Anyone who establishes equitable estoppal as provided in City Code Section 118- 168, by obtaining a building permit or i;;)e8i8FI Revie\lc· liil&liilri approval of a Land Use B.aard. prior to zoning in progress on Seotember 24. 2013. &r City C&F'"1F'"1i&&i&Fl &i&fltieri @f 0'1i8 QFilililiillil88. 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. MAYOR 14 495 ATTEST: CITY CLERK First Reading: January 15, 2014 Second Reading: February 12, 2014 Verified by: ________ _ Thomas R. Mooney, AICP Acting Planning Director Double Underscore denotes new language 01/27/2014 / ( T:\AGENDA\2014\February\Oversized Single Family Homes~ ORD 2nd Read.docx 15 496 1l 42 oli\.\ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM SUBJECT: OVERSIZED SINGLE FAMILY HOMES UPDATED 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 (ORB) 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 • For homes proposing a Lot Coverage of 25% or greater, 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) 497 Commission Memorandum Oversized Single Family Homes -Bullet Points February 12, 2014 • Maximum 70% at DRB/HPB for ALL Districts (RS-1, 2, 3 & 4) Proposed Ordinance: Page 2of 3 • Maximum 50% at Staff Level for ALL Districts (RS-1, 2, 3 & 4); No DRB/HPB increase 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, EXCEPT for RS-3. Where DRB/HPB can increase to 28'/31' Roof Decks and Allowable Height Exceptions Current Code: • Enclosed stairwell and elevator bulkheads are allowable height exceptions, up to 1 O' 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 O' from all perimeter walls. • Parapet walls and rails that are associated with a habitable roof deck must be setback 10 feet on the front and sides of the house. Same 10 foot setback applies to the rear of waterfront properties, but can be waived by the DRB/HPB. • 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/HPB. Proposed Ordinance: • 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 60 feet, whichever is less; this can be waived by the DRB/HPB. 498 Commission Memorandum Oversized Single Family Homes -Bullet Points February 12, 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 at least 50% open. Such area shall not be subdivided into different roams, with the exception of the parking garage area, and required stairs and/or elevators. o The parking garage area and the open, non-air conditioned floor space located directly below the first habitable floor, shall not count in the unit size calculations, provided it remains open in perpetuity. T:IAGENDA\2014\February\Oversized Single Family homes -Bullet Points 2"d Read.docx 499 lD MIAMI BEACH ---City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.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 DRS 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. 500 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. 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 DRB 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 501 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. 1 Oth): 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 Ciraldo -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. 502 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:IAGENDA\2014\February\Oversized Single Family homes -Focus group and public meetings summary of comments.docx 503 16HE I THURSDAY, JANUARY 30, 2014 NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS MiamiHerald.com I MIAMI HERALD ~?~IS HEREBY given that the following public hearings will be heard by the Mayor and City Commission of the city of Miami Beach, Florido, in the Commission Chambers, 3rd Floor, City Hall, 1700 Converition. Center Z.."~ ,~iami Beach, Florida, on Wednesday, February 12, 2014: " 10:10 a.m. -Single Family Development Regulations I An Ordinance Amending The Land Development RegulaUans Of The Code Of The City Of Miami Beacfl, Florida, By Amending Chapter 142. "Zoning Districts And Regulalions," 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 Canstruruan, By Replacing The • -Single-Family Residential Re•11ew Panel, By Clarifying And Amending The Standards And Procures For Reviewing New Construction And Additions In Single Family Districts, Including Modificatior.s To Lot Coverage, Unit Size ·And Overall Height, By Clarifying The Below Flood Level Construction Requirements For Affected Properties In High Flood Zanes, And By Clarifying Setback And Lot Coverage Requirements. Inquiries may be directed to the Planning Department at 305-673-7550. 10:25 a.m. -Archileciurally Significant Single Family Home Retmlion lncenlives I An Ordinance Amending The Land Development RegulatiOlls Of The Code OfThe Git\' Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations." Article II, "District Regulations," Divi!jion 2, "Single-Family Residential Districts," By Revising The Standards And Review Requirement~ For New Construction, Additions And Madifica!ior1s To Properties That Contain An Archilecturally Significant Single Family Horne Ngt Located Within A Designatea Historic District. JnquMes may be riirected ta the Planning O~partment at 305-673-1550. 10:40 a.m. -Alton Road Historic District Buffer Overlay I Ordinance Amending The Code OfThe City Of Miami Beac~. Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay DiEtr1cts," Creating Division B "Alton Road -Historic District Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859 "Development Regulalions," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimurn Setbacks; Building Separation; Dernomion Or Additions To Conlributing BuiJdings In An Historic District: And Land Use Regulations For Location Of Retail Uses, Restaurants. Bars, Entertainment Establishments, Alcoholic Beverage Establishment!\ And Similar lJses: 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. Inquiries may be directed to the Planning Department at 305-673-7550. 10:55 a.m. -Mechanical Parking Systems I 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 Rabmic Parking Systems,'' By Modifying The Requiremenls For Mechanical Parking Devices And Robotic Parking Systems. Inquiries may be directed ta tile Planning Department at 305-673· 1550. 11:05 a.m. -Talmudic University -RM-2 Heights I Ordinance Amending The Land Development Regulations OfThe Code DI The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations: Article II, "Dislrict Regulations," Subdivision IV, "RM-2-Residential Multifami~, Medium Intensity," Section 142-217, "Area Requirements,'' To Modify The Requirements Far Maximum Building Height And Maximum rJumber Of Stories Within The RM-2 District Along Allon Road Between Artlm G:odfrev Road And West 34th Street. JnqLJiries may be directed to the Planning Department al 305-573-7550. 11:15 a.m. -Ordinance Amending The Code OfThe City Of Miami Beach, By Amending Chapter 54, Entitled "floods," By Amending Article II, Entitled "Floodplain Management," By Amending Division 1, En+itled "Generally," By Amen()ing Section 54-35, Entitled "Definttions" By Amending The Definition Of "Substantial Improvement" Ta Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Period. /1~qwies may be directed ta the Building Department al 3(]5-673-161 IJ 11:25 a.m. -Ordinance Amendi11g Chapter 2 OfThe City Code, Entitled "Administrntion," By Amending Article Ill, Entitled "A~encies, Boards And Committees" To Streamline The City's Boards By Expanding The Powers, C"lies And/Or Membership Of Ccr'.a1n Agencies, Boards And Committees And Abolishing Those That Are Superseded By The Enl1anced Agencies, Boards, And Committees. Inquiries may be directed to the City Anorirey's Office 3t 305-613-7470. 11:35 a.m. -No Wake Zone Ord:ncnce!Ordinance Arne~ding The Coile Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, F2ciltties -~~d Vehicles," By Amending Article 11, Eniifled "Restricted Wake Zones,'' By Amend'ny Section 66-43, Entitled "Restricted Areas: By Amending Subsection C ThHeof Regarding The Slow Speed. Minimum Wake Zone By Amending Tl1e Boundaries Therea• And Amend;ng Area C On The Appendix Thereto, fnQuiriis may be directed to t11e City Atiomws Office at 305-673-7470 11 :45 a.m. -Ordinance Amending Chapter 2 Qf Tl1e Miami Beach City Code Entitled "Administration," By Amending Article IV Entitled "l)~icers And Empioyees," By Amending SecUon 2-191 Entitled "Enumeration OI Organizational Units." Sy Creating The Office Of Communications, OliiC€ Of Budget And Pertormance Improvement, Information Technology Department, Procurement Department, Tourism, Culture And Economic Deveiopment Department. Planning Bep2rfment, Office Of Mousing And Community Development. And Office Of Capital Improvement Projects; Elimimting The Divisions Under Offices And Departments; And Further Providing Amendments To The Names Of Certmn Dep<1rtrnenls And Officos. Inquiries may be directed to tire Human Resources Department at 305-673-7524. 11:55 a.m. -M6ERP For GSAF ! Ord1n;rnce Implementing Prov1sioris Oflhe 2012-2015 Col!ective Bargair.ing Agreement Between The City And The Government Supervisors Association Of Florida, OPEIU, locHI 100 (GSA:=} Amending The Miami Beach Employees' Retirement Plan Created By Ordinance 200G-3504; Amer.ding Secuo11 2.26 Of The Plan By Extending The Deferred Retirement Option Plan [OROP) Program From Three (3i To Five (5) Years For Eligible Members: Amendi11g Section 513 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features; Amending Section 4.03 By El1rn1nating The Purcha~e Of Additional Creditable Service For Certilin Memaers· Amending Section 6.03 Requirin~ The City To Contribute At Least The Normal Cosl To Pension Each Year Requiring An Experience Study At Least Every Three (3) Year> And Requiring F1~e \5), Ten (1 o:, A~d Tvmty r2J) Year Projections Of ReQuired Pension Contribut:on> As Part Of fr,e Annual Actuarial Valuation. !nqt:iries may be directed to the Human Resources Departmerrt at 305-673-7524. !Jr. Stanley Sutnick Ciliren's Forum -Pursuant to Resolution No. 2013-28440, t11e times for tM Dr. St\nley Sutnick Citizen's Forum have been changed to 8:30 a.m. and 1:00 p.m., or as soon ~s possible therecifter. Approximately thirty :n::1ulc3 w1ii be aliocated to each session, with indi·1iduais being '.imited to no more than three minutes or for a period established by the Mayor. Na appointment or advance nctification is 1;eerJed in ord&e to speak to the Cornm1ss·1on d~ring this Forum INTERESTED PARTIES are invirnd to appear at tl11s meeli~Q. or be r<preser,ted by ~n age~t Dr tu e<press their views in writing addressed tu tile City Commission, c/o the City Clerk, 1700 Cor,vention Center flri11e, 1 '1 Flo'Jr. C:ity M;;i!!, ~.~!arr:i Oeacf:. F1>1r.lJc;, J3~Jti. Copies o~ these :terns are ava!Jabll:! 10~ publ!c inspection d~1r!ng normal busi:iess hours in tt;a City Cler!<'s Office, 170C Ce~vention Cel:ter Drive, 1~1 F~onr, City Hall, M~<::.ir: 8·J;Jch Flurr~" 23139. Th·:; rneNrn~. or any item herein, may be con"nucd, ano tinder such circumslanc~s. add1tiomii lega! r.ot1ce need not be provided. Rafael E. Gronado, City Clerk City of Miam' Beach Pursuant to Section 286.0105. Fla. St:it., :Ile Ctty hereby ad·11ses the p,Jbl1c that: ti a person decides to appeal any decision made by lhe Cify Commission wtth respeci to any matler considered at its rneelmg or its hearing, such person must ensme tr,at a verbatim recor.j ol tlie proceedings is made, which record includes t11e testimony and evidenr:e upcn which the appeal is to be based. This notice does not constitutc·consent by the City for the introduction or admission of othem:se inadmissible or irrelevant evidencec nor does it authori1e challenges or appeals not 01l1erwise allowed by law To request lhis material in accessible format, sign :anguage interpreters, information on ac~ess for persons with disabilities and/or any accommodation to re~iew any document or participate in anv City-sponsored proccading, please con met us five days in advance at 305-673-7 411 (voice) or T1Y users rnav also call the Florida Relay Service at 711. ~d #855 504 THIS PAGE INTENTIONALLY LEFT BLANK 505 COMMISSION ITEM SUMMARY Condensed Title: Second 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 Sup orted: Increase satisfaction with neighborhood character. Increase satisfaction with development and rowth mana ement across the Ci . Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort ut forth b the Ci to re ulate develo ment is "about the ri ht amount." Item Summa /Recommendation: SECOND READING PUBLIC HEARING 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 subject Ordinance was approved by the City Commission at First Reading on January 15, 2014. The Administration recommends that the Cit Commission adopt the Ordinance. 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 [~] 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: I Thomas Mooney Si n-Offs: Department Director Assistant City Manager T:IAGENDA\2014\February\Architecturally Significant Single Family Hom MIAMI BEACH 506 AGENDA ITEM ~fJi"-"S~B~ DATE ~-/ 2-/<{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beocn, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SECOND READING SUBJECT: Architecturally Significant SF H e Incentives 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. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. 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. On September 23, 2013, the Land Use Committee reviewed the proposed Ordinance amendment, and recommended that it not be approved in the manner presented. 507 Commission Memorandum Ordinance: Architecturalfy Significant SF Home Retention Incentives February 12, 2014 Page 2 of 6 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 and 2013 there were 52 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: 32 20 3 4 0 5 1 4 4 As more and more of the homes that define very large and significant portions of the City are lost, the character, identity and brand that makes Miami Beach a very special place 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 OB(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 • FEMA Mandated Minimum Flood Elevation Requirements • The Ability to Obtain Flood Insurance • The Structural Conditions of Some Older Homes 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 508 Commission Memorandum Ordinance.· Architecturally Significant SF Home Retention Incentives February 12, 2014 Page 3 of 6 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%. • DRB 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%. • DRB can waive above noted lot coverage restrictions and allow up to 30% Lot Coverage (1 Story Home) Current Code: • Maximum 35% at DRB 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 DRB if Architecturally Significant Home is demolished; ORB can increase to 50% Unit Size: Current Code: • Maximum 70% at DRB 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 DRB 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): 509 Commission Memorandum Ordinance.· Architecturally Significant SF Home Retention Incentives February 12, 2014 Page 4 of 6 • 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 O' 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 ls 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' 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 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. 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 lncentivize 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 510 Commission Memorandum Ordinance: ArchitecturaJ/y Significant SF Home Retention Incentives February 12, 2014 Page 5 of 6 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). 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 ln 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 proposed Ordinance was approved at First Reading on January 15, 2014, with the removal of the Planning Board proposal to limit the ability of the DRB to increase the allowable lot coverage on lots greater than 10,000 square feet. The revised language reflecting this change has been incorporated into the 2nd Reading Ordinance. Notwithstanding this change, some concern has been expressed with regard to the overall practicality of the current sliding scale for lot coverage requirements. Specifically, the DRB can forgo the limitations set forth in the sliding scale, and allow for up to 30% lot coverage for all lots, regardless of size, if it concludes that certain benchmarks and thresholds related to the structural condition of the existing home and the economic feasibility of retaining it are met. The purpose of this language, when initially drafted, was to require that as much of the original footprint of the existing house as possible be retained. Additionally, the criteria to forgo the lot coverage llmits was designed to address extenuating circumstances related to homes in an advanced state of structural decline, or those which had an inordinately small foot print. Since 2005, 7 4 applications have been made to the DRB for replacement homes on properties containing a pre-1942 Architecturally Significant home. Of these 74 applications, 23 received a lot coverage increase above the current sliding scale (31 %). Only 9 of the applications received a lot coverage increase above 30 Percent (12% of the total applications and 39% of the applications seeking a lot coverage increase). As the oversized homes Ordinance has been modified to address issues of compatibility, the Administration believes that it might make more sense to level the playing field for new construction by eliminating the existing sliding scale all together. In this regard, the ability of the DRB/HPB to increase lot coverage from 30% to 35% has been proposed to be removed. As the 511 Commission Memorandum Ordinance: Architecturally Significant SF Home Retention Incentives February 12, 2014 Page 6of 5 overall lot coverage for all homes would now limited to a flat 30%, the practical effect of the sliding scale only applies to those lots greater than 10,000 square feet. Additionally, it is not difficult for a home owner's design team to substantiate the criteria for the DRB to forgo the lot coverage limitations. The ORB has also expressed concern with making what amounts to subjective decisions regarding the footprint of a new home, on a case by case basis. Finally, owners and potential purchasers of a lot containing a pre-1942 home do not have the same degree of predictability as non-pre-1942 or vacant lots in terms of what could be built on the site, if a decision was made to replace the pre-1942 home. Given the substantial increase in the incentives proposed for retaining a pre-1942/1966 homes, the Administration would recommend that the sliding scale currently in place be removed. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance as proposed, with the following modification to Section 142-108(g)( 1 )c: 142-108 (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 142-105 and section 118-252, and the regulations below, the provisions herein shall control: a. The design review board (DRB) 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. The overall lot coverage of proposed new buildings or structures shall not exceed the maximum limits setforth in section 142-105. c. 1. The O't'erall lot coverage of proposed ne-.¥ buildings or structures shall not exceed the euilding footprint of the original structure on site, or shall ee limited to the following, •..vhichever is greater, based upon the 0•1erall size of the subject lot: i. For lots 10,000 square feet or less, the lot co1.'erage shall not exceed ao percent; ii. For lots greater than 10,000 square feet, but less than 25,000 square feet, the lot CO't'erage shall not exceed 26 percent; iii. For lots 25,000 square feet or greater, the lot coverage shall not exceed 15 percent. 2. The DRQ may forgo the aeove noted lot coverage restrictions if it concludes that the retention of the arshitecturally significant single family home is not practical or feasiele, in which case the ORB review of any request for demolition shall consider the criteria in suesection (a) herein, as well as the following criteria: i. Whether good oause for the demolition of the structure has seen shovm. ii. Whether pertinent economic and financial considerations that affect the aeility 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. JLM/JMJ/TRM T:\AGENDA\2014\February\Architecturally Significant Single Family Home Retention Incentives -MEM 2nd Read V2_docx 512 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 11, "DISTRICT REGULATIONS," DIVISION 2, "SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY REVISING THE STANDARDS AND REVIEW REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS AND MODIFICATIONS TO PROPERTIES THAT CONTAIN AN ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOME NOT LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (City) places a strong emphasis on the retention and preservation of existing, architecturally significant single family homes; and WHEREAS, the Mayor and City Commission have deemed it in the best interest and welfare of the City to adopt revised requirements, standards and procedures for the review of new construction, additions and modifications to Architecturally Significant single family homes located outside of a designated historic district; and WHEREAS, the Mayor and City Commission deem it appropriate to incentivize the retention of Architecturally Significant single family homes, in order to acknowledge, protect and preserve the significant architectural history, existing building scale, and unique character of the single family residential neighborhoods in Miami Beach; and WHEREAS, the City of Miami Beach Historic Preservation, Design Review and Planning Boards strongly endorse the proposed amendments to the Single Family Residential Districts Section of the Code; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 2, "Single Family Residential Districts," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS * * * 1 513 Sec. 142-108. -Provisions for the demolition of single-family homes located outside of historic districts. (a) Criteria for the Demolition of an Architecturallv 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 2 514 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 (DRB). (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 ORB, that the subject structure is not an architecturally significant home. A property owner may proceed directly to the DRB, pursuant to subsection 142-108{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 ORB 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 ORB 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. 3 515 (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 ORB. (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 4 516 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 properlies 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 142-105 and section 118-252, and the regulations below, the provisions herein shall control: a. The design review board (DRB) 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 DRB 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 5 517 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 DRB may forgo the above noted lot coverage restrictions, if it concludes that the retention of the architecturally significant single-family home 1s 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. In the event a new home does not exceed one-story in height, the lot coverage shall not exceed 35 percent of the lot area; at the discretion of the ORB, the lot coverage may be increased to a maximum of 50 percent of the lot area. if the ORB concludes that the one-storv structure proposed results in a more contextually compatible new home. fEor purposes of this section, a one-story structure shall not exceed ~.!§_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 aggregated into a single site, at a future date. When lots are aggregated, 6 518 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 142-105"' 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 site"'' and shall 80 sutljoat to tho review and approval of tho planning dei:;iartR=ient, in accordance with the design re'.iiow sriteria in ohaptor 118, artiole VI, of tho land devolopR=ient regulations of tho City Godo. b. Lot Coverage. The total lot coverage may be increased to. but shall not exceed ~O 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 142-105 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 142-105 have been satisfied. as determined by the Planning Director or designee. 7 519 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. Courtvards. 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 142-105 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 142-105 have been satisfied, as determined by the Planning Director or designee. h. Second floor 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-sto!Y ground level additions. 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 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 additions to, as well as the relocation of, architecturally significant structures. may project into a required rear or side yard for a distance not to exceed 25 percent of the required yard. up to the following maximum projections: i. Interior side yard: 5' ii. Street side yard: 7'-6" iii Rear yard: 15' k. Fees. The property owner shall not be required to pay any city planning or public works department Bl:lilding 13orRlit 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: __ ........ i. __ 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 8 520 home has been determined to be Architecturally Significant in accordance with Section 142-108(a). (3) Appeals. An appeal of any decision of the DRB 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 revlew 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 142-108(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. 9 521 (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 lot 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 determine 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. 10 522 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 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. ATIEST: CITY CLERK First Reading: January 15, 2014 Second Reading: February 12, 2014 Verified by:------------- Thomas R. Mooney, AICP Acting Planning Director Underscore denotes new language 01/28/2014 MAYOR T:\AGENDA\2014\January \Architecturally Significant Single Family Home Retention Incentives -ORD 1st Read.docx 11 523 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 DRB 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. 28 1h): • 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 DRB 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. 524 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 2 of 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 llne 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 525 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. 10th): 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. 526 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\February\Architecturally Significant SF Incentives -Focus group and public meetings summary of comments.docx 527 16NE I THURSDAY, JANUARY 30, 2014 NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS MiamiHerald.com MIAMI HERALD NOTICE IS HEREBY gi•1en that tne following public nearings will be neard by the Mayor and City Commission of the City of Miami Beach, Florida. in tne Commission Chambers, 3rd Floor, City Hall. 1700 Convention Center Drive, Miami Beach. Florida. on Wednesday, February 12, 2014: 10:10 a.m. -Single Family Development Regulations l An Ordinance Amending The Land Development Regulations Of The Cade Of The City Of Miami Beach, Florida, By Amending Ctiapter 142, "Zoning Districts And Regulations,'' Divii>ion 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," Sy Amending The Criteria And Procedures For The Review And Approval Of Single-Family Residential Construction, By Replacing The • Single-Fam:ly Residential Review Panel, By Clarifying And Amending The standards And Procures For Reviewing New Construction And AddiUons In Single Family Dis\Jicts, Including Modilications To Lot Ccverage, 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. Inquiries may be directed to the ~ng Deparlment at 305-673-7550 . ..,, 10:25 a.m. -Archrtecturally Significant Sing le Family Home Retention Incentives I An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach. By Amending Chapter 142, "Zoning Districts And R0!)ulations," Article II, "District Regulations," Divi~on 2. "Single-Family Residential Districts.' By Revising Tha Standards And Review Requirements For tJew Construction, Additions And Modifications To Properties That Conta:n An Architecturally Significant Single Family Kome N9t Located Within A Designated Historir. District Inquiries may be directed to tile Planning Department at 305-673-7550_ 10:40 a.m.-Alton Road Historic District Suffer Overlay I Ordinance Amending The Code Dflhe Ci~/ Of Miami Beach, Florida, By A~ending Chapter 142, "Zoning Districts And Regulations," Article 111, "O~erlay Districts,'' Creating Division 8 "Alton Road -Historic District Butler 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 Se1backs; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land UstJ Regulations For Lotal1on Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establisl1ments And Similar Uses; Requiring Condttional Use Approval 01 Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiling Alcoholic Beverage And Enlert<1inment Establishments In Open Areas With E~ceptions As Prescribed In The Ordinance. Inquiries may be dire,tqd to the P/iJIJning IJepartment at 305-673-7550. 10:55 a.m. -Mechanical rarking Systems I Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 130 "Off-Street Parking," Article 11 "Districts, Requirements," Section 130-38, "Mechanical And Robotic Parking Systems," By Modifying The Requirements For Mechanical Parking Devices And Robotic Parking Systems. Inquiries may be directed to flie Planning Department at 305-673-7550. 11:05 a.m. -Talmudic University -RM-2 Heights I Ordinance Amending The Land Development Regulations D!The Code Of The City 01 Miami Beach, By Amending Cliapler 142, "Zoning Districts And Regula:ions, · Arl:clc IL "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 Stnri~s Within The RM-2 District Along Alton Road Between Arthur Godfrey Road And West 34th Street Inquiries may be directed to U1e Planning Department at 305-673-7550. 11:15 a.m.-Ord1nance Amending The Code O!The Gity Of Miami Beach, By Amending Chapter 54, Entitled "Floods," By Amending Article II, Entitled "Floodplain Management," By Amending Division 1, Entilled "Generally," By Amending Section 54-35, Entitled "Definition$" By Amending The Definition Of "Sub.stantial Improvement" To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Per'od Inquiries may /Je directed to lhe Building Department at 305-673-7610. 11 :25 a.m. -Ordinance Amending Chapler 2 OfThe City Code, Er1t1lled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees" Ta Streamline The City's Boards By Expanding Tlie Powm, lJuties And/O; Membmhip Of Certain Agencie~. Boards And Committees And Abolishing Those That Are Superseded By The Enhanced Agencies, Boards, And Committees. Inquiries mily be directed to ll1e Cit; Attorney's Offirn at 305-673-7470. 11;35 a.m. -No WaKc Zone Ordinance/Ordinance Amending The Code Of The City Of Miami Beach, By Amendiflg Cliapter 66, Entitled "Marine Structures, Facilities And Ve~1cles," By Amending Mic.le II, Enti1led "Restcicted Wake Zores," By Amending Section 66-43, Entitled "Restricted Areas," By Amending Subsection C T~ereof Regarding The Slow Speed, Minimum Wake Zone By Amending The Boundaries Thereof Ai;d Amending Are~ C On Tua Appe~dix Thereto .. Jrrquiries may /Je directed to the City Attomey's Offlce a! 305-673-7470 11:45 a.m. -Ordinance Amending Chapter 2 Of The Miami Beach Cjtf Code Entrtted "Administration," By Amending Miele IV Entitled "Officers And Employees," By Amending Section 2-191 Enti11ed "Enumeration Of Organizational Units," By Creating The Office Of Communications, Office Of Budget And Performance lrnprnvement. Information Technology Department, Procurement Department, Tourism, Cutture And Economic DevelopmeM Department, Plan~i~g Oepartrnent, Office Of Housing And Community Development, And Office Of Capital Improvement Projects; Eliminating Tile Divi$ions Under Offices And Departments; And Further Providing Amendments To The Names Of Certa'n Departments And Offices. Inquiries may be directed to the Human Rewurces Department at 305-673-7524 11 :55 a.m. --MBERP Far GSAF ! Ordinance Implementing Provisions Oflhe 2012-2015 Collective Bargaining Agreement Between The City And The Government Supervisors Association 01Florida, OPl:JU, Local 100 (GSAF); Amending The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504; ft.mending Section 2.26 DI The Plan By Extending The Deferred Retirement Option Plan (DROP) Program From Three (3) To F1·1e (5) Years For Eligible Memoers, Amending Section 5.13 To Reflect Amended Eligibility Ar.d Partici)ation Requirement$ And A:nend€d DROP Plan Featurns; Amending Secticn 4.03 By Eliminating The Purchase Ol Additioral Crnd1lable Service For Certain Members; Amending Section 6.03 R~quiring The Citl' To ConlritJute At Leasl The Normal Cost To Pens:on Each Year. Requiri11g An EJ<perience S1udy At Least Evef'I Tl!fee [3) YcJrs Ard Requiring Five (5), Ten (10) And Twer.ty \2Qi Year PmJoctio~s 01 Required Pension Contribut:or:s As Part Of The Annual Anuanal Valuation. Inquiries may be directed to me Human Resources Depamnent at 305-673-7524 Dr. Stanley Sutiiick Citiien'o Forum -Pur<;can: to Resolution No. 2G13-2S440, t~e t1rr.es for 1l1e Dr. Sta~ley Sutnick C·tizen s Forum have been r.hanged lo B:30 a.m. and 1;0fl p_m .• or as soon as possible tl1arc2rter Approximately thirty rrrnutr,s v1ili be allocated m eacl1 session, with indi·1iduals being 'imiled to no more Uian '.hrce minutes or for a period establi~hed by t~e Mayor. No appoi~trnent or advance notilicatior1 :s r,eeded 1n ~rd er to speak to the Commission dcring tll1s Fcrwm. INTERESTED PARTIES a;~ 11w1teci to appear at this meeting, or be reDreser;lell by an agent. or to express •heir views in writing addressed to the Cit'/ Commission, clo t11e City Clerk, 1700 Conve"t'on Center Driv~. F' FIMr, IA~ Holl, Mmmi Beacn, Flnr'j;, .13139. C:ip•es o1111ese items mo available for r:ibi:r. in,<pec*ic1 li~r111g nor:nal tusine:ss hours in tte City Cler%'s Offic~. 17UO Gonven1ion Center Drtve, 1" Flcor, Ciiy Hall. M1am1 FA11ch, Florida 2.3139, Th s meet1riy, 01 <1ny item liereir.. rnay be contir.ued, ard under suc:1 circumslances, additional le~al notice need not be provided. Rafael E. Granado, Gily Clerk City of Miami Beach Pursuant to Section 286 n 105, Fia. Stat., the City lie re by acMses the pJbi1c t~at: if a person decides lo appeal any decision made by the City Commission with respe<:t to any matter consideml at its.metting or its h.;arir.g, such person must ensure ll<at a verbatim record of the proceedings is maue. wilicl1 record includes tile testimony and evidence upon which the appeal is to be based. This notice does not constitute com;ent by tl1e City tor the introduction or admission of otherwise inadmissible or irrelevant evidence. nor does it a1J~orize challenges or appeals not otherwise allowed by law. To request thi> material in accessible fonnat, sign language 1~\erpreters, inform~fion nn ac~ess for pmons with disabilities and/or any accommodation to review any document or participate in any City-sponsored prciceeding, please contact l1S five days in advance al 305-673-7411(voice) or m users may also call tl1e Florida Relay Service at 711. ~d #855 528 THIS PAGE INTENTIONALLY LEFT BLANK 529 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, 14th and 15th Streets and 1 ylh Street to the Collins Canal. Key Intended Outcome Supported: Maintain strong growth management policies Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summary/Recommendation: FIRST READING PUBLIC HEARING The proposed Ordinance would create an historic district overlay buffer for those portions of the Alton Road corridor between 6th and 11th Streets, 141h and 151 h Streets and 1 ylh 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 March 5, 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: j Thomas Mooney Sign-Offs: Department Director T:IAGENDA\2014\February\Alton Road Bu MIAMI BEACH 530 infill development and by AGENDA ITEM _fi_S"_L __ DATE .,:;-/~-l<j C9 MIAMI BEACH City of Micimi Becich, 1700 Convention Center Drive, Miami Beach, Florida 33139, www. miamibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 FIRST READING PUBLIC HEARING SUBJECT: Alton Road Historic District Buffe Overlay AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD -HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;_DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION 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 March 5, 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 14th Street in order to protect the character of the adjacent National Register Historic District as well as the historically significant but yet unprotected properties along this stretch of Alton Road. It was noted by the board that recent commercial development trends along Alton Road could significantly adversely impact the quality of life and historic integrity of the National Register Historic District thereby undermining the cultural tourism appeal and quality of life of the city. At the same time the Historic Preservation Board requested the Planning Department to initiate a major planning study of the Alton Road Corridor, including both sides of the 531 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay February 12, 2014 Page 2 of 8 road between 5th Street and Michigan Avenue, which should include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. 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 532 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay February 12, 2014 Page 3 of B resulted in several additional amendments to the proposed ordinance. The Planning Board recommended approval of the amended overlay district by a vote of 5 to 0. Subsequently, the Administration made a determination that the amendments added to the ordinance during the November 1 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 533 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay February 12, 2014 Page 4 of 8 to a date certain of October 16, 2013. On October 16, 2013, the item was continued to 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 11mit 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 534 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay February 12, 2014 Page 5of 8 predominant 2-story height of existing buildings in the RM-1 district. For lots adjoining single family districts, the 23 feet height limit will also ensure a compatible transition in 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 fa9ade, 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 535 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay February 12, 2014 Page 6 of 8 of a ground floor commercial space, provided that the loft or mezzanine does not exceed one third of the floor area of the store. Based upon objections from property owners, the 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 April 27, 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 536 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay February 12, 2014 Page 7of 8 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 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. On January 15, 2014, the City Commission approved the subject Ordinance at First Reading and scheduled a Second Reading Public Hearing for February 12, 2014. The approval at First Reading included the deletion of the previous proposal to remove the maximum floor area ratio (FAR) bonus for mixed-use projects in the CD-2 districts; this change has been incorporated into the Ordinance. However, subsequent to the initial action by the Commission on January 15, 2014, it was discovered that the item was not considered as a 'Public Hearing', as required by Code. Therefore, the Administration has re-noticed the matter and placed the item back on the agenda for a new First Reading Public Hearing. In order to address concerns by affected property owners on Alton Road, the Administration put together potential modifications to the Ordinance. These suggestions represent a compromise from the original draft, but still allow the substance of the Ordinance to be retained. The following is a summary of the additional recommended modifications to the Ordinance: 1. The maximum number of stories would be increased from 4 to 5. Because the overall height limit of 50' remains the same, staff did not see an issue with giving a property owner the flexibility of incorporating 5 floors. Additionally, the distance separation from an alley for the 28' height limit at the rear of a development site has been corrected to be 40', not 50'. 2. The provision for no setback variances would be removed. Staff believes that there 537 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay February 12, 2014 Page Bot 8 should be some flexibility afforded property owners to address unique circumstances. 3. The minimum building separation provisions for larger, aggregated lots, would not be applicable to those properties south of sth Street. Staff believes that because of the close proximity of the Alton Road flyover to the 600 and 700 blocks of Alton Road, more flexibility for a development project was needed. Additionally, any new construction project will require approval from the Historic Preservation Board, where a very detailed analysis of the scale, massing and distribution of volume compatibility of a proposed new project longer 4. Retail uses would be removed from the proposed use threshold provisions of the Ordinance. The proposed thresholds pertaining to restaurants, bars, and entertainment establishments would remain. The Administration believes that these changes are minor in scope, and would still have a positive impact and benefit to the existing, low scale properties to the immediate east of the overlay, along Lenox Avenue. CONCLUSION The Administration recommends that the City Commission approve the Ordinance at First Reading, inclusive of the modifications proposed above, and schedule a Second Reading Public Hearing for March 5, 2014. JLM/JMJ!TRM T:\AGENDA\2014\February\Alton Road Buffer Overlay -MEM 1st Read PH.docx 538 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 539 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 retail and restaurant development and by encouraging smaller neighborhood- oriented uses. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article Ill, "Overlay Districts," Division 8 "Alton Road -Historic District Buffer Overlay" ls 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 11 !h Street. (2) Area 2 shall be those properties fronting on the east side of Alton Road from 14th Street to 15th Street. (3) Area 3 shall be those properties fronting on the east side of Alton Road from 17th Street to the Collins Canal. 2 540 (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 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 iO 40 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. (b) Minimum setbacks. (1) Front - 5 feet. (2) Side facing a street - 5 feet. (3) Interior side -0 feet. (4) Rear -for lats 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 lats. (c) Building separation: (1) The east and west facades of any building constructed an 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. (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. 3 541 (d) The following regulations shall apply to lots containing contributing buildings in the Flamingo Park Historic District within the Alton Road -Historic District Buffer Overlay. (1) Only those portions of a contributing building that were not part of the original structure on site, or that have not acquired any type of architectural significance. as determined by staff or the historic preservation board, may be issued a Certificate of Appropriateness for demolition. {2) For contributing buildings or properties, no building or structure shall be permitted within an existing historic courtyard. For purposes of this subsection. an historic courtyard shall be defined as a grade level space, open to the sky, which is enclosed on at least two sides by an existing building or structure on the same property and is an established architectural or historic component of the site or building design by virtue of significant features and/or finishes, including, but not limited to. paving patterns. fountains, terraces, walkways or landscaping. {e) 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 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. 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 4 542 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: Verified by:--------- Thomas R. Mooney, AICP Acting Planning Director Underscore denotes new language Strikethrnblgh denotes deleted language T:\AGENDA\2014\February\Alton Road Buffer Overlay -ORD 1st Read PH_docx 5 543 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR X CUTION 2 Date 16NE I THURSDAY, JANUARY 30, 2014 NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS MiamiHerald.com I MIAMI HERALD NOTICE IS HEREBY given that tile following public hearings will be heard by the Mayor and City CommissiM of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive. Miami Beach, Florida, on Wednesday, February 12, 2014: 10:10 a.rn. -Single Family Devolopment Regulations I An Ordinance Amending The L!md Development Regulations Of The Code Of The City 01 Miami Beach, Florida, By Amending Chapter 142, "Zoning Dislricts And Regulations," Division 2, "RS· 1, RS-2, RS-3. RS-4 Single-Family Residential Districts," By Amending The Criteria And Procedures For The R011iew And Approval 01 Single-Family Residential Construction, By Replacing The · • Single·Family Residential Review Panel, By Clarifying And Amending The Standards And Procures For Reviev1ing New Construction And Additions In Single Family Districts, Including Modifications To Lot Coverage, Unit Size ·And Overall Height, By Clarifying The Below flood Level ConstnuctiOn Requirements For Affected .Properties In High Flood Zones, And By Clarifying Setback And Lot Coverage Requirements. Inquiries may be directed to the Planning Department at 305-673-7550. 10:25 a.m. -Architecturally Significant Single Family Home Retention Incentives I An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning I ~~s And Regulations." Aroclc II, "D1slr1ct Regulations," Divi~on 2, "Single-.Family Residential Districts,' By Revising The Standards And Review Requirements For New ConstructiDn, Addit<ons And Mod1licalions :o l,Y"perries That Contain An Architecturally Significant Single Family Home Not Located Wtthin A Designated Historic Oislrict. Inquiries may be directed to the Planning D~partment at 305-673-7550 "' 10:40 a.m. -Alton Road Historic District Buffer Overlay I Ordinance Amending The Code OfThs City O! Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regt1lations," Article Ill, "Overlay Districts," Creating Division 8 "Alton ROM· Historic District Buffer Overlay," By Including Section 142·858 "Locatio11And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio: Maxim1Jm Building Height; Minimum Setbacks; Building Separa!ian; Demolition Dr Additions To Contributing Buildings In An Historic District And Land Use Regulations For Location DI Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Condi1ional Use Approval Ot Such Uses In Excess Of 10,000 Sq. Ft; And Prohibiting Alcoholic Beverage And Errtertainmert Establishments In Open Areas With Exceptions As Prescribad In The Ordinance. Inquiries may be direct~ to the Planning Deparlment at 305·613-7550. 10:55 a.m. -Mechanical Parking Systems I Ordinance Amending The l:md Development Regulations Of The City Code By Amending Chapter 130 "Off·Street ParKiog," Article II "Districts, Requirements," Section 130-38, "Mechanical And Robotic Parking Systems," By Modifying The Requirements For Mechanical Parking Devices And Robotic Parking Systems. Inquiries may be direcled to the Plaaning Department at 305-673-7550 11:05 a.rn. -Talmudic University-RM-2 Heights I Ordinance Amendi~g The Land Development Regulations Of The Cooe O!The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Artir.ie 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 OI Stori~> Within The RM-2 Dislrict Along Alton Road Between Arthur Godfrey Road And West 34th Street Inquiries may be directed to the Planning Department at 305-673-7550. 11:15 a.m. -Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 54, Entitled "Floods," By Amending Article II, EntiUed "Floodplain Management,"' By Amending Division 1. Entitled "Generally,·• By Amending Section 54·35. Entitled "Definitions'' By Amending The Definition Of "Sub.stanttal Improvement" To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Penoo. lnqwnes iTTay be directed to the Building Department at 305-673-7610. 11:25 a.m. -Ordinance Amending Chapter 2 OfThe 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/O! Membership Of Certain Agencies. Boards Mo Committees And Abolishing Those That Arn Superseded By The En~anced Agencies, Boards, And Committees. Inquiries may /J8 directed to the City Attorney's otf,ce at 305-673-7470. 11:35 a.m. -No WQke Zone Ordinance/Ordinance Arr.ending The Cede Of The Cil'J Of Miami Bear.h, By Amending Chapter 66, Enti!led "Marine structures, Faci~ities And VehiCles." By Amending Miele II, Entitled 'Restricted Wake Zones," By Ame.Ming Section 66·43, Entitled ''R~stricted Areas," By Amending Subsection C Thereof Regarding The Slow Speed, Minimum Wake Zone By Amending The Boundaries Thereof And Amending Area C On The Appendix Thereto. Inquiries may be directed to the City Attorney's Office a~ 305-673-7470 11:45 a.m. -Ordinance Amending Chapter 2 Of Tha Miami Beach Cily Code Entttled "Administration," By Amending Article IV Entitled "Officers And Employees." By Amending Section 2·191 Entitled "Enumeration -Of Organizational Unrts." By Creating TJ1e Ottice Of Communications. Ottice Of Budget Ana Pertarmance Improvement, Information Technology Department, Procuremen1 Department, Tourism, Culture And Economic Deve:opment Department, Planning Department, Office Of Housing And Community Development, And Office Of Ga~ital Improvement Projects; Eliminating The Divisions Under Offices And Departments; And Further Providin~ Amendments To The Names Of Certain Departments And Offices. Inquiries mily IJe directed to Che Human Resources Deparlment at 305-673-7524. 11:55 a.m. -MBER~ Fer GSAf ! OrJinance lmplement:ng Provisions Of The 2012-2015 Collective Bargaining Agreement Eiet>Neen The City And The Government Supervisors Association Of Florida, OPEIU, Local 1 UO iGSAf!: Ainend1ng The Miami Beacn Emplo;ecs' Ret.rement Plan Created By Ordinance 200fj-3504 Amend111g Section 2.26 Of The Pian Bv Extending The Deferred Retirement Option Plan !DROP) Progrnm From Three 131 To Five (5) Years For Eligible Members; Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Arr:ended DROP Plan Features: A'.llendlng Section 4.03 By Eliminating The Purchaoe 01 Additional Creditable Sef'lice For Cer1E1n Members; Amending Section 5.03 Reqwing The City To Contribute At Least The Normal Cost To Pension Each Year, ReqUiring An Experience Study Al Least Every Three (3) Years And Requiring five [5), Ten (10) An~ Twenty r2·J: Year Pro:octions Of Required Pension Cnntribu1'0~o /\s Port Of The Annual Actuanal Valuation. Inquiries may be directed to the Human Resources Deparlment at 305-673-7524 Or. Stanley Sutnick Citi~en's Forum -Pursu2nt t? Resolutio1 No. 2013-28440, the f'mes for the Dr. Stanley Sutn1ck C1bzen's Forum have been changed to 8:30 a.m. and 1 :00 p.m., or as soon as possible tie-eaft&• Appmximalely ch1rt,· c.inu:cs ·a::i t•e allc.ca:ed to ea~h session, w'tr. individuals being i1mited to rm more than thr",e minutes or for a period established by the Mayor. No appointment or advance not1ficat:on is nccdrd 1n crder to speak to the Cnmmi$Sion during this ForJm. INTERESTED PARTlES ?.ra im1t8d tG aopsar at this moHing, or be represented by 8.n agent, or to express their views 1n writing addressed !o the Ctty Commission, cfo the City Clerk, 1700 Convention Center Drive, 1" Floe:. Cit'/ Hall, Miam: Bfac\ Fo·Jrida 33139. Copies DI thesA items ~re ava·lat•le for pcol1c 1m~ec!1on during normal bus:ness rours in the Citj Clerk's O'fice, 1700 Convention Center Ori'le, 1' Flco1. Cit; Hall. M1:rn•i 8eocf1 Fior .. Ja 33139. Th·s m,;e,tmn, or any .tern here1r, may be cor.tir.ued, ond under such circL,rr.stances additioncl legal notice need not bP. provided. Rafael E. Granado. Cil•1 Clerk City of Miami Beacl1 Pursu~nt to Sect: or: 286.01 Jo. Fla. Siat., the Cit; hereb) ~'.lv!ses the. public th21: if a persor. decideo to appeal any decision ntada t>y the City Commission with respect to any matter considered at its meet1"g or its t.cacin~. such person nust ens1,·e that a verbJlim reccrd of ~llB proceecings "made, which rncord includes m~ testimony and e•11dence upon which the appeal 1s to be based This notice does not consMute consent by the Ci~/ for the introduct,on er ad111isoion of o1herNise inadmissible or irrelevant evidence, nor does it authorize ch;illenges or appeals not otlleiwise allowed by law. To request this material in accessi!Jle format, sign language interpreters, 1nformat1or. on access !or persons with disabilities and/or any accommodation tll review any document or participate in any City-sponsored proceeding. please contact us five days in ad'•ancc at 305-673-741 Hvoice) orm users m;;y also coll the fi.lridu Relay Service at 711. l\d #855 544 U'I ~ U'I ._ j SUNDAY. ffBR'UARY 1, 20W NE Miamilit!rald.com I NIA* ffO.W) CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN tlla1 the City o1 Miami Beach prpposes to adopt the fotlowlng ordinance; a first reading/public hearing will be held by tlie Mayor and City Commissioners of 1he City of Miami Beach, Florida, in the Commission Chamber$, 3n:1 Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, on Wednesday, February 12. 2014 at 10!40 a.m. to conSlder: Alton Road Htatoric Dlstrk:t Buffer Overlay. An Ordinance An't$nding TM Code Of The City Of Miami Beach, Florida. By Amending Chapter 142, •zoning Dlstrlcts And Regulations," Artk:le Ill, "Overiay Districts," O"eating Division 8 "Alton Road -Historic District Buffer Overlay,"BylncfudingSection142-858•Locat1onAndPurpose,•AndSectlon142-859•DevelopmentRegulatlons,"lncludingAmongOther ProvisiOM Regulations On Maximum Aoor Area Ratio; Maximum Building Height; Minimum Setbacks; BtKldff'lg Separation; Demolition Or AdditlOflS To Contributing Buildings In An Historic District: And land Use Regtdations For loeatlon Of Retail Uses, Restaurants, Bats. Entertainment Establishments, Alcoholic Beverage Establishments And Simitar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft; And ProhlblUng AJcohoHc BeVerage And Entertainment Establishments In Open "'9as With Exceptions Aa Pniscribed In The Otdinance; Providing For Codlfieation; Repealer; ~ And An Effectlw Date. b:fqult1e$ may be dlmcffld to the Planning Det:xft1?111nt at 305-6~ 755C. --Ad860 The popertMs 1hat may be Impacted by the proposed Ordinance are stiown on the Map. , Al lntaested parties are Invited to appear at this meeting or be repftlSa'lted by an agent, C!!-~·or to express their views in wrltlng address«I to the City ComrnlMlon. c/o City Clerk. -~· ~~i:o;a:c·• 1700 Convention Center Drive, Ctty Hall, Miami Beach, Florida 33139. Copies of the ~ --· · · ·_ "' .. proposed amendments are available in the Planning Department This meeting or this item may be continued, and under such cltaJrnstances. additional legal notice need not b8 provided. ~ Pur$UEl'lt to Florida Statutes §286.0f 05, 1he City hereby advises the public lhal If a person "1:-1 decidM to appeal any dec1$1on made by the City CommiS:&ion with respect to any matter 'considered at its meeting or its hearing, such person mU$1. ensure that a verbatim l'9COl'd of the praceedings is made, which record mu5t Include the testimony and ~ upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or-admission of otherwise inadmlsslble or-in9levant 9Yidence, oor does it authott%& chaHGnges or app$8Js not otMrwiSe allowed by law. To request this material In accessible format, mgn language lntefl)Rlters. lnfonnation on 8cc::a&8 for persons with disablfitie:S and/or 8tJY accommodatkJn to nM8w tll'rf dOcument or participate in any City·spoosored proceeding, please contact us ftVe days in advance at 305-673--7 411 (voice) or TIY users may also-call the Florm REMy Service at 111. Rafael E. Granado, City Cterk MIAMIBEAC·H _________ .,..._._. ..... _________ . .,,..,. __ . ___ ""'~ .. -----' ,,,.....,"" .... "" '"'"-.... -.,,-..,·,..,-,,, ____________________ _, COMMISSION ITEM SUMMARY Condensed Title: Second 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 effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: SECOND READING PUBLIC HEARING The proposed Ordinance would modify existing requirements for the use of Mechanical Parking Systems. On January 15, 2014, the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; and 2) approved the Ordinance at First Reading and scheduled a Second Reading Public Hearing for February 12, 2014. The Administration recommends that the City Commission adopt the Ordinance. 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 Office Legislative Tracking: I Thomas Mooney Si n-Offs: Department Director Assistant City Manager T\AGENDA\2014\February\Mechanical Parking -SUM 2nd Read.docx MIAMI BEACH 546 City Manager \1 AGENDA ITEM B sf) DATE 2-(~-/<f MIAMI BEACH City af Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members bf the Cit FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SECOND 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 11 "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 Adopt the Ordinance. 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. 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 547 Commission Memorandum Ordinance.· Mechanical Parking Systems February 12, 2014 Page 2 of 4 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 20th 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 level of below grade parking spaces, at least 50% of the proposed mechanical system parking spaces must be located below grade. 548 Commission Memorandum Ordinance: Mechanical Parking Systems February 12, 2014 Page 3 of 4 As it pertains to the issue of accessory uses, currently, parking spaces within commercral 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 claddlng 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 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. 549 Commission Memorandum Ordinance.· Mechanical Parking Systems February 12, 2014 SUMMARY Page 4 of 4 On January 15, 2014, the City Commission approved the Ordinance at First Reading and scheduled a Second Reading Public Hearing for February 12, 2014. Minor modifications to the Ordinance, recommended by the Administration, were included as part of the approval at First Reading; these changes were suggested as they overlap, and could potentially conflict with, current and future building code requirements and industry standards. The modifications have been included in the Ordinance for Second Reading and are indicated by a sei.i81e stril<e tl¥1;1. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. JLMJJ'711rRM T:\AGENDA\2014\February\Mechanical Parking -MEM 2nd Read.docx 550 m )> ~i pl m ~ 0 z (") 0 ~ m '1 ~I ·~ ·-. ' ------------------~-··-·---···--- ~ i '.I i. ~I > t i j !! i t ii. ~ t j L_!l ~-· i ~ i 1~ i I " I ' '" -! ~ ,<:: ,-;-~ I ~1,y: ... F, ? •u . •HUE~ w1rnm U(ll 'W' ~mmn !fl~ iii . \. ::;; ...., I -~ :e ~=:!I ~~~~ h ~ \'··" <~ ' ~ :11 111 ll" 1~~~~~· 1·~ F • ~ '<::-"-..:.-;).;,Y ~ E~ .. , t;5;i * ... ... ... B: , I l~,~, u~h H1ilPi ·~·i ·~ l I'. i~~ ~1 ~ ~di 11 ~i 5 H " ~ I i ~ • 551 !.i 0 I ~ z ' IP! ui1 bf ~2 .. i8 !z 1-< m x -; c F: : m > l i(IJ I~ > -; 5 z ,, ~ (3 OJ m 'Cl I CONGRESS PROPOSAL :.,JLTON OCEAN fiOUSE CON DOS 1 PRIME HOTEL ; ' I l I Q 11 ,, ~ I >'-"-<=o,____., I I I I ~ i I I I I ~I ; F ! 'F1! 'i I ~_JL~H ' ' I I I I ! ' ' !! i ii'• i' i • i " 0 ~ .. I I ,\I ·i " ~ ;, ti i} ' j: fh ~~ , , ; I 11 ! __J ~1 " :1 !~ ~i! ii I' Jj __ j ' I ' ' l~ i i · 1·! · r 1 1 fi1·.1 i '" ..... ,. ~ "--·-I--' -r'"--i--"--'--"'-""-~-'--"--1-'"'--'--"'-~-"---'-~.J--_cc_ ~ -~ jJ ~ •• !.." ~ 158 OCEAN DR. APARTMENTS MARRIOTT 11 1 '! 'Hii I 'f!!ffJ iii u:· ~ '"~' • I• ~~·'! ifaJiff 11 •-. n if A f 552 111.11 0 z ~ i ! ' •WAI 1. f ""! '.l 1· ~-~~ ~! H1t i"i<iA id u g~ 120 Ocean Drive 0 0 g ~ 0 (:) " 0 © Q 0 a 0 I ·-~ .. ,.. I ..-I-"' I .. 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FIREPllOTecTIOOCONSUL-4ftT: I JK<w•_,_ SLS ::Pu.r..i»l-m..o f".....r .. _PL:a:ii:J.4 -?91.~.1$,, •11<: ~4'11,M,;i;z =~:;::::u..-m -~Jill!,Ml,t.M1 h>; ~·l'l°" 'c''~ 1~-~;~d .. "J'~ijJ:.·~.; .... ..:~·' RA.jt.._J~--.. 0€("1U._ .l.RC.IW'T 120 OCEAN , .. ~-~ [~ GQm111,Ne, "'" l.&RIJ<llllMN0"1M: , .... ,.. EAST ELEVATION CONTEXT EXIST. A-1.4 M Lt) Lt) !~ l1i ,Ii 321 Ocean Drive .. , ilj i !11<1 11i: !~ ::I ., 1r •t· : ilr: f' r !J I~ r ~~I I~. u !H p ·~· '11 i I I I.! I -_,_ ·' ' ;-;..;:_'.·· ... .,,...., ~-15'3 -~ .3._ !--.u-am::\llN.r.s •IODWIClll"QI ~-,~-"]IJ'l'!Ull;l....u: .... PARKING /CONVENTIONAL SECTIONS 0..11Uln1Ji'-" T PFIOJE:CTN.A.ME. 321 OCEAN ORNE PROJECT AOOR&:S5: 321 Ocean Drive Miami Beach, Florida33139 OEWNAllCt!ITECT: TENARQUITECTO> lll•Pl-5"11-_.,...llWllrlrllo 111121111:1;'111+ ~~KITECT~-RliiOORO: revuelta --:.:-s:i kJ;;\i::. ~Ll',.'riJl.NT, 1-030 LSSUEDA.rf. MARCH 14, 2<l1Z A:~$;()Pfs: ISSJED FOR. Pl.AN°'ll">ll3Rn ""'~""~ ----SMUTTIT\E. <l<CTION <ALTI••,IJ><re> SHEU:: A-201 -.i::t' Lt) Lt) ~21 Ocean Drive I ~ 'I 1' Ii I D, l~I '~~ .I • liJ' 'I I !q ,, !L r J •• ill IJj"I '· H' .11 p, ~ I': •, L r~ ~ L~ 1, ---·-~ II ! ! f+ ~ ! -,..> .~;...;7.·.~·i%~ ..t .!.. ! I I]: ' I I HOO:::'-DPAl!l:t1 i ;:.mrn,,.,1 ! · I I ~ --7-, -1: I I . ] I I I FM~HG 1 -....._ . ..Y7:.{¥.,..~~::-:.~ .. : .. ·f \ ··-r.: ' \M~O'!l'.'llCJrl.l : : l~1riu~ T ~·~.,.ul'li:rbrw wWdclMM.:t .. ~ l'l'l.IUIAlilll~"-.. .,._..., __ 1'1D f""1:~1fl1oilcr. PARKING I MECHANICAL LIFTS SECTION ~~---+"hi',T.t'.-1,-T PJIOJ!CT~E; 321 OCEAN DRIVE PRQ.&i:;T AOOAESI: 321 OoeaoDrfva Miami Beach. Florida 33139 DUM:N Matrtf.Cf: TENARQUITECTOS , ..... -! ... _ -'fan.Vllllm 11:1'1~ I Qll llJt< "RCl'ilTll!i:TOis-~EoCOl\O'. revue Its ~ -;.;:iii ~.h...Jli:. ~1-o~~-= cr:i+4llTANT; PROJECTlo.UilllE•· 10Cl0 158-IJflJATE MARCH 14, 2G12 "3UEO>()R PL.A~~ Sl+EETTITIE: 8ECTCN ~1:.IM....W.,, ~~ . ....,----~ ... 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INTEIOOR DESIGN llM...AMNIHQ AJA ASD Nc.\'UI •••-::-Ji ...... ......... :t.JIW ~~ WWW.KOBIKARP.OOM 1----J QI l'!'::t !!'.-•' .. _, ~ ..... "' 563 c " •' r "' ""O !l) !l) c: ""O ...., ..Q. CD (") ..... .. Palau Project > " c ~z c ,0 ~ ;JJ ~ --t ~ 0 c --t :I: (/) m ~ 0 z ' ~ m ;JJ ~ ~ > > 511 ~ ~ ~ I I (,I) m fl.R(lMIJ'l;_C'flJA.i:'. INTe:Fl!K>ROl!SIGN PLJIN<N<l MA. lt.810 lfGARS "II~.:'"'" ~_...b11r ~== WWW.Jo;OalKARP.CCM "-------' 0 i I Cl WC!,fAA0011.l'T! ~r ~~1{3>rr,1~r 1 ....... l.l i 564 MECHANICAL PARKING SYSTEMS {As Transmitted by the Planning Board on 9/24/2013 and Amended by the City Commission on 1/15/2014) 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 11, "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 perffiitted 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. 565 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. 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 ln 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. 2 566 * * * (4) As part of the conditional use review process for the u.Yse of mechanical parking devices, robotic parking systems and/or vehicle elevators under any of the provisions of this section, shall require conditional use approval from the planning board. 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 (miRim1o1m ef ei~Rt feet ey 1§ feeO te 88FAfillete1,· &e¥er tl:;ie eettem ef tRi vsl;iiili ei;i tt:le Fillatferm 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 ~arl<iR~ lift& &Rall &RI$' ee e~erate€1 1;;1&ir1~ a s~rir1~ lealileEi wroiEiei=¥Jritsrs laeeraterigs (Ub) 8filfilJ'8"ii 1,.ey switGR GeFltrnl. ~.Je ~1;;1st:I 61a1tteroi i& allewei; (S) All ele&tri&al &8FFl~8Rfi1Rt8 9f tRi lifts iiiRSll ee 1o1Fllil8M'Fiters laeerah)J'i8S (bib~ il!iili;reve€1; (-A f) 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 annual 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 g) 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. 3 567 SECTION 2. REPEALER. All ordinances or parts of ordinances and all sectio~ 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: MAYOR ( ,. \ I . L_, .. / First Reading: January15, 2014 Second Reading: February 12, 2014 Verified by:------------- Thomas R. Mooney, AICP Acting Planning Director Underscore denotes new language Strikethrou§h denotes deleted language Qewele ~triKe~l:'IFew~t::i denotes language deleted at First Reading T:\AGENDA\2014\February\Mechanical Parking -ORD 2nd Read.docx 4 568 APPROVED AS TO FORM AND LANGUAGE FOR EXECUTION 1/;oJi-1 Date 16NE I THURSDAY, JANUARY 30, 2014 NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC. HEARINGS MiamiHerald.wm I MIAMI HERALD NOTICE IS HEREBY givqn that the followi~g public hearings will be heard by the Mayor and City Commission of the City of Miami Beach, Florido, in the Ccrnrnission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beacl1, Florida, on Wednesday, Fabruary 12, 2014: 10:10 a.m. -Single Family Development Regulations I An Ordinance Amending The Land Development Regula1ions Of The Code DI The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Distncts And Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residenflal Districts,' By Amending The Criteria ~nd Procedures For The Review And Approval 01 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 Heigh~ By Clarifying The Belo'N Flood Le~el Ccnstrnction Requirements For Affected Properties In High Flood Zones, And By Clarifying Setback And Lot Coverage Requirements. lnquir;es may be directed to the Planning Department at 305-613-7550. 10:25 a.m. -Architecturally Si9nif1cant Single Family Home Re1entian Incentives I An Ordinance Amending ne Land Development Regulations DI The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Divi~on 2, "Single-Family Residential Districts," By Revising The Standards And Review Requirements Fm New Construction, Additions And Modifications Ta Properties That Contain An Architecturally Significant Sin~le Family Horne NQt Located Within A Designated Historic District. Inquiries may be directed to the Planning Department at 305-673-7550. 10:40 a.m. -Alton Rolld Historic District Buffer Overlay I Ordinance Amending The Code Of The City 0: Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regt1lations," Article Ill, "Overla~ Districts," Crea1ing Division 8 "Alton Road -Historic District Buffer Overlay," By Including Section 142-858 "location And Purpose," And Section 142-859 "Development Regulations," Including Among Dthar Pruv1sions Regulations On Maximum Floor Area Ratio; Ma~imum Building Height; Minimum Setbacks: Building Separation: Demolition Or Additions To Contributing BuiJdings In An Historic District; And Land Use Regulations For location Of Retail Usas, Restaurants, Bars, Entertainment Establ1shments,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 ~blishments In Open Areas With Exceptions As Prescribed In Tile Ordinance Inquiries may be directed lo the Planning Depilflmenl at 305-673-7550. . . v 10:55 a.m. -Mechanical Parking Systems I Ordinance Amending The Land Development Regulations Of The City Code Sy Amending Chapter 130 'Off-Street Parking," Art1clo II "Districts, Requirements," Section 130-38, "Mechanical And Robotic Parking Systems," By Modifying The Requirements Far Mechanical Parking Devices And Roootic Parking Systems. Inquiries may be directoo to the Planning Oepartment at 305-673-7550. 11:05 a.m. -Talmudic University -RM-2 Heights I Ordinance Amending The Land Development Regulations OfThe Code OfThe City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article 11, "District Regulations," Subdlllision 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 Alum Raad Between Arthur Godtrny Road And West 34th Street. Inquiries may be directed to the Planning Department at 305-673-7550. 11:15 a.m. -Ordir.ance Amending The Code Of The City Of Miami Beac~. By Amending Chapter 54, Entitled "Floods," By Amending Article II, Entitled "'Floodplain Management," By Arnend1Jlll Division 1, Ent:tled "Ger.erally'" By Amending Section 54-35, Entitled 'Definitions" By Amending The Definition Of "Substantial Improvement" To Apply To Improvements Taking Place During,~ One Year Period Instead DI During A Fi•1e Year Period. lr.ql.'iries may be direr:ted to the Bwldmg Department at 305-673-7610. 11 :25 a.m. -Ordinance Amer.dmg Chapter 2 O!The City Cade, Enlitleu "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees" Ta Streamline The City"s Boards By Expanding The Powers, Duties Ami/Of Membership Oi Certain Agencies, Boards And Cornmitl€es And Abol1sh1ng ThOse That Are Superseded By The Enhanced Agercics, Boards. And Committees. Inquiries may be d;rected to the City At!orr.ey'.> Office a: 305-613·7470. 11:35 a.m. -No Wake Zone Ordinance/Ordinance Amending The Code DfThe City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, facilities And Vehicles," By Amending Article It, Entitled 'Restr'ct9d Wake Zones," By /.mending Seclion 66-43, Entitled "Restrict~ Areas,' By Amending Sutisection G Thereof Regarding Tire Slow Speed, M1~imurn Wake Zone By Amending The Boundaries Thereof And Amending .~rea C O~ The Appendix Thereto. lr.qu;rfes may be d!:ected to ~1e City Attorney:, Office at 305-673-7 470. 11:45 a.m. -Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration," By Amending Article IV Entitlad "Officers And Employees," By Amending Section 2-191 Entitled "Enumeration Of Organizational Units," By Creating The Office Of Communications, Office Of Budget And Pertormarce Improvement, Information Technology Department. Procurement Department, Tourism, Culture And Economic Development Department, Planning Department, Office 01 Housing And Community Development, And Offir.e Of Capital lrnprovemenl Projects; Eliminating The Divisions Under Offices And Departments; And Further Providing Amenoments To The Names Df Certain Departmer,t; And Offices. Inquiries may be directed to the Human Resources Department at 305-673-7524. 11:55 a.m. -MBERP For GSAf I Ordinance Imp lamenting Provisions Of Tile 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 Pian By Extending The Deferred Retirement Opuon Plan (DROP) Program From Three (3) To Five 15) Years For Eligibie Members; .~mondi~g Section 5.13 To Reflect Am1;ndec Elig1biiity Aad P~rlicipation Requirements A;id Amended DROP Plan Features: Amending Sec1ion 4.03 By Eliminating The Porchase 01 Adclitional Creditatie Service For Certain Members; Amen<Jing Section 6.03 Requir ng The C1t1 To Contribute At Least The Nonmal Cost To Pecsic11 Each Year, Re~uiring An Experience Study At leas! Every Three :3! Years And Rer,uiring Five (5), Ten (10) And Twenly i.20) Year rru1ections Of Require(! Pension Contributions M P;irt 01 The Annual Acluarial Valua1ion. /nqu1Jies may be directed to the Human R€sources Dep~rtment at 305-fi73-7524. Or. Stanley Sutnick Citiz•n'> Fowm -PJrscant to Resolution No. 2013-28440, the time> for tlie or St~nley Su:nick Citizen's Forum have been changed to 8 30 a.m. and 1 oo pm., or as soon a> possible thereafter .~ppcuximateiy 1hut'; minJlos wili be Jl'ocated to each session, with 1nu1viCuals be:ng limited to ro more than t~ree minutes or for a period ~slabl.s~ed by the Mayor. fJo appointment or advance notification 1s needec in ord~r to spe2k to t~e Comrnissior. during H1is Forum. INTERESTrn PARTIES are •nv1led to appear at this meeting, or be reprnserted by ~n agem, or lo express tr,eif views 1n writing <.ddressed to the City Commission. c/o the City Clerk. 1700 Convention cenler Drl~o. 1'' Floe', C!l'J Hall, Mia:11! Bcac'i. H:orida 33139. C.Jpies of these items are avat1ble Im pcblic ·nsJcction durirg normal business ~ours in ll1e Cit; Clerk's Office, 1700 Convention Center Dri,1e, F Flcvr, City fiall. Miar1i Beach, Florida 33189 n,,~ 11Ae'.irg, ·Jr any 1te111 t1ere1n. may to continued, and under such circumstances. add,tiom:!l legal notice need not be provided, Rafael E. Granado, City Clerk City of Miami Beach Pursuant lo Section 286 ['105, F:a. s:a:, it.e City hereby advise> th! public thJ!: rt a person deci~es to appeal any decision made by the CitJ' Commission with respect to any mailer considernd at its meeting or its hfari~g. such person must ensure that a verbatim record of the prcceedings is made whic.h recorc inclcdes the testimony and evidence upon which 1he ;ippeal is to be based. Tl1rs nouce dOBS not constitute consent by tho City for the introduction or admission of otherwise inadmissible or irrnlAvanl evidence. 11or does it authorize challenges or appAals not otherwise allowed by law. To req~est ll1is material in accessible fonmat, sign :anguage interpreters, informa110~ on ac8ess tor persons with disabilities and/many accommodation ta review any documenl or participate in any City-sponsored proceeding. please contnct us five days in ad~ance at 305-6/:J-7411\voice) or TTY users moy alw call the fiorida Relay Service at 711. O.d #855 569 COMMISSION ITEM SUMMARY Condensed Title: Second 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 out forth bv the Citv to reaulate development is "about the rioht amount." Item Summa /Recommendation: SECOND READING -PUBLIC HEARING The proposed Ordinance would increase the maximum height limits for RM-2 properties located within the Talmudic University campus. On January 15, 2014, the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; and 2) approved the Ordinance at First Reading and scheduled a Second Reading Public Hearing for February 12, 2014. The Administration recommends that the City Commission adopt the Ordinance. 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 budoet. City Clerk's Office Legislative Tracking: Thomas Mooney Sign-Offs: Department Director T:\AGENDA\2014\February\Talmudic Site RM2 Heights -SUM 2nd Read.docx MIAMI BEACH 570 AGENDA ITEM _R_S_E __ DATE 2-/Z,-/l{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: 4000 Alton Road -Talmudic University RM-2 Height Ordinance SECOND 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 11, "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. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. 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. ANALYSIS 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. 571 Commission Memorandum Ordinance: Talmudic Site -RM2 Heights February 12, 2014 Page 2of 2 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-story/85 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 34th 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. SUMMARY The subject Ordinance was approved at First Reading on January 15, 2014. CONCLUSION The Administration recommends that the City Commission adopt the proposed Ordi?iirn., . 0'£, JLM/ RM T:\AGENDA\2014\February\Talmudic Site RM2 Heights. MEMO 2nd Read.docx 572 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,11 SECTION 142-217, "AREA REQUIREMENTS," TO MODIFY THE REQUIREMENTS FOR MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES WITHIN THE RM-2 DISTRICT ALONG AL TON 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 I 573 Maximum Maximum Building Number Height of Stories (Feet) Historic Historic district-SO district-5 (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 Reha bl litated Collins Ave., 26th Collins Ave., 26th buildings-400 buildings-550 St., and 44th St., and 44th Hotel unit: Hotel units-NI A St.-75 St.-8 15%: 300-335 Area f ranting 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 f ranting 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 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. 2 574 ATTEST: CITY CLERK First Reading: January 15, 2014 Second Reading: February 12, 2014 Verified by:------------ Thomas R Mooney, AICP Acting Planning Director Underscore denotes new language Strike Thru denotes new language 1/29/2014 T:\AGENDA\2014\Febru;iry\Talmudic Site RM2 Heights -ORD 2nd Read.docx 3 575 MAYOR APPROVED AS TO FORM & LANGUAGE & 0 EXECUTION 16NE I THURSDAY, JANUARY 30, 2014 NE' MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS MiamiHerald.com I MIAMI HERALD NOTICE IS HEREBY given that the following public hearings will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, February 12, 2014: 10:10 a.m. -Single Family Development Regulations I AA Ordinance Amending The Land Devtllopment Regulations Of The Code DI 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 Ard Approval Of Single-Family Residential Construction, By Replacing The '"Single-Family Residential Review Panel, By Clarifying And Amending The Standards And Procures for Reviewi~g 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 Lat Ca•1erage Requirements. Inquiries may be directed to the Planning Department at 305-613-7550. 10~2o a.m. -Architecturally Significant Single F~mily Home Retention Incentives I An Ordina11ce Amending The Land Development Regulations Of The Code Of Tl1e City Of Miami Beach, By Amending Cl1apter 142, "Zoning Districts And Regulations," Article 11. "fflstrict Regulations," Divi!jjon 2, "Single-Family Residential Districts." By Revising The Standards And Review Requirements For New Conslruction, Additions And Modifications To Properties That Contain An Archrtecturally Significant Single Family Ho~e N9l Located Within A Designated Historic District. Inquiries may be directed to the Planning Depwtmen! at 305-873·1550. 10:40 a.m. -Al\on Road Historic District Buffer Overtay I Ordinance Amending The Code OfThe City Of Miami Beach, Florida, By Aniending Chapter 142, "Zoning Dis1rictsArd Regulations," Article Ill. "Overlay Districts," Creating Division B "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 Arna Ratio; Maximum B~ilding Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buijdings In An Historic District; And Land Use Regulations For Location 01 Retail Uses, Restat1rants, Bars. Entertainment Estaolishments,Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Appro11al Of Such Uses In ~cess Of 10,000 Sq Ft; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas Wtth ~captions As Prescrib~d In The Ordinance. Inquiries may be directed to the Planning Department at 305·673·7550. 10:55 a,m. -Mechanical Parking Systems I Ordjnance Amending The Land Development Regulations OtTl1e City Code By Amending Chapter 130 "Off-Street Parll1ng," Article II "Districts, Requirements," Section 130-38, l?.':Chanical And Robotic Parking Systems," By Modifying The Requirements For Mechanical Parking Devices And Robotic Parlling Systems Inquiries may be directed trJ the Planning Department at 305-673-7550 . .., 11:05 a.m. -Talmudic University -RM-2 Heights I Ordinance Amending The Land DB'ielopment Regulations OtThe Gode DI ne City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Miele II, "District Regulations," Subdivision IV, "RM-2 -Residential Multifamily, Medium Intensity," Section 142-217, "Area Requirements," To Modify The Requirements For Maximum Bui:ding Height And Maximum tJumber 01 Stories Wrthin The RM-2 District Along Alton Road Between Arthur Godfrey Road And West 34th Street Inquiries may be directed to the Planning Department at 305·673· 7550. 11:15 a.m. -Ordinance Amending The Code O!The City Of Miami Beach, By Amending Chapter 54, Entitled "Floods," By Amending Article II, Entitled "Floodplain Management," By Amending Division 1, Ent1tlect ·Gcnernl:y," By Amending Section 54·35, Entitled "Definitions" By Amending The Defini:ion Of "Substantial Improvement" To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Period. Inquiries may be directed to the Building Department at 305-673· 7610. 11 :25 a.m. ··Ordinance Amending Chapter 2 OfThe City Code, Entiliec "Admjr.1s1ration," By Amending Article Ill, Entitled "Agencies, Boards And CommitleAs" Ta Streamline The City's Boards By Expanding The Powers, Duties And/Or Membersl1ip Ol Certain Agencies, Boards Alld Committees Ar.d Abolishing Those T~a! Are Superseded By The Enhanced Agencies, Boards, And Committees. Inquiries may be directed ta the City Attomev·s Office at 305·673·7470. 11:35 a.m. -No Wake zone Ord:nanceiC'rdinance Amending TM Cede Of The City Of Miami eeoch By Amending Chapter 66, Entiiled "Marine structures, Faciltties And Vehicles," By Amendirg Articic 11, Ertii:cd "Restnctc·l Wa~.e Zones,' 8y Amending Section 66-43, Enlitled "Restricted Areas," By Amending Subsection C Thereof Regarding The Slow Speed, Minimum Wake Zone By Amending The Boundaries Thereof And Amending Area C On The Appendix Thereto. Inquiries may be directed to the City Attomey's Office al 305·873·7470. 11:45 a.m. -Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "AdmimstraLian,'' By Amending Article IV Entitled "Officers And Employees," By Amending Sec1ion 2-191 Entitled "Enumeration Of Organizational Units,'' By Creating Tt1e Office Of Communications, Office Of Budget And Perforrr.ance Improvement, Information Technology Department, Procurement Department, Tourism, Cul~Jre ft.nd Economic Oevelopment Department, Planning Department, Office Of Housing And Community Development, And Office Of Capital Improvement Projects; Eliminating The 01visions Under Offices And Departments; Md Further Providing Amendments To The Names 01 Certain Departments AM Offices. Inquiries may be direated to the Human f1esou1ces Department at 305-673-7524. 11:55 a.m. -MBERP For GSAF ! Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agroement Between The City And The Government Supervisors Assacia!ion 01 Florida, OPEIU, Local 100 [GSAF); Amending Tile Ml~mi Beach Employees' Retirement Plan Created By Ordinance 2006-3504; ~mending Section 2.26 Of The Plan By Extending The Deferrnd Retirement Option Plar1 [DROP) Program From Three (3) To Five (5) Years For EligitJle Members: Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And .Amended DROP Plan Feattires; /\mending Section 4.03 By Eliminating The Purchase Of Additional Creditable Service For Certain Members Amending Section 6.03 Requiring The Cit~To Contcibute At Least Tile Normal Cost To Pension Each Year Requiring An Experience Stud'/ At Least Every Three (3] Years Anfl Requiring Fi~e {5j, Ten (10) Anci Twen~J' ,201 Yeu Droject:ors Of Roqu1red Pension Con~r:~utions As Part 01The Annual Actuarial Valuation. lnquhes may bo direct<1d to the Human Resources Department at 305·673·7524. Dr. Stanley Sutnick Citiien's forum -Pursuant to Resolution No. 2013-28440, ti'e i1mes fer tr1e Dr. Stanley Sct11ick Citizen's Forum have been changed to 8:30 a.m. and 1:00 p.m., or as soon as po,sible t'l€'€31t£·. A~proximately thi1t1 mi~utcs w1il b~ ollotated to each session . .vi111 indiVidu;ils be in~ iirni:ed to no rr'ore tMn throe minutes or for a period establisr,ed by the Mayor. Mo appointment or advance notificatior is needed in mler lo speak to the Cnmrnission during this Forum. INTERESTED PART:ES ?.rn ;n11:tect t~ appear at this rr,ecting, or be rnprnsented IJy B.n agent. or to ~xpress their •1isws m writing aduressed to the City Comrrission. c/o the City Clerk, 1700 Convention Center Drive, 1" flov. C·~J Hall, Mi;n1: ~(ac:1, F.CJriua 33139. Copies of 1hese items are ava:lati8 for public. 1,1spection dunr·g Mrmal bUG'n€'$S Murs in t~e Cit; C:erk's Oilice, 1700 Convention Center Drive, F Flcor, City rail Miami Beach, Flor:da 33139 T~ 'm&et;nn, or ;my itecn herein. may be cortir.uEJ, ard under sue~ circu'"s!ances additional legal notice need not be provided. Ralael E. Granado, City Clerk City of Miami Beach PL1rsuant t8 Section 286.0106, Fla. Sial .. tt1e City l1ero1Jy advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbalim record of ttie proceedings is m~de, wl1ic!1 record includes the teslimony and evidence upon which the appeal is to be based. This notice does not constitute cor,serit by the City for the introduction er adrr:ssion of other11ise inadmissible or irrelevant evidence. nor does it ~uthorize clmllenges or appeals not otherwise allowed by law. To request this rnatenal in accessible format. sign language interpreters, informaMn on access fJr persons with disabiliues and/or any accommodation to review any document or participate in any City-sponsored pmceEding, please contact us five days in adva~ce at 305-673· 7 411 ivoice) or m users may also call !he Florida Relay Service at 711 . ~d#855 576 THIS PAGE INTENTIONALLY LEFT BLANK 577 COMMISSION ITEM SUMMARY Condensed Title: SECOND READING/PUBLIC HEARING 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 Summary/Recommendation: SECOND READING/PUBLIC HEARING 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 .. City Clerk's Office Legislative Tracking: Mariano Fernandez \_-- T:\AGENDA\2013\February12\Flood Ordinance Ame I MIAMI BEACH 578 AGENDA ITEM -~-S°'_..;.F_ DATE Z-/2-ll( I ~ MIAMI BEACH - City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.miomibeochfl.gov COMMI SION MEMORANDUM TO: Mayor Philip Levine and Members of the Cit Commission FROM: Jimmy L. Morales, City Manager DATE: February 12, 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, BY AMENDING CHAPTER 54, ENTITLED "FLOODS,U 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 on second reading upon completion of Public Hearing. 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 579 City Commission Memorandum -Flood Plain Ordinance Amendment Page 2 of 2 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 on second reading upon completion of a Public Hearing 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 J LM/ JJ/MVF /SS T:IAGENDA\2014\February 12\fioodamendmentsubstimpmemo.doc 580 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 11, 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 * * * 581 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 2 582 (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 loss structure means a building that has incurred flood-related damages on two occasions during a 10-year period ending on the date of the event for which claim is made, on the average, equaled or exceeded 25 percent of the market value of the building the time of each such flood event. * * * 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 five 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 3 583 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 4 584 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 16NE I THURSDAY. JANUARY 30, 2014 NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS MiarniHerald.corn I MIAMI HERALD NOTICE IS HEREBY given that t11e Joi lowing public hearings will be heard by tile Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 C@vention Center Drive, Miami Beach. Florida, on Wednesday, February 12, 2014: 10:10 a.m. -Single Family Development Regulations I An Ordinance Amending The Land Development Regulaftons Of The Code Of The City 01 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 01 Single-Family Residential Construction, By Replacing The ·Single-Family Residential Review PaMI. By Clarifying And Amending The Standards And Procures For Reviewing New Constrnction And Additions In Single Family Districts, Including ModificatiOns To Lot Coverage, UM Size ·And Overall Height, By Clarifying lhe Below Flood Level Construction Requirernenls for Affected .Properties In High Flood Zones, And By Clarifying Setback And lot Coverage Requirements. Inquiries may /J8 directed to the Planning Department at 305-613-1550. · 10:25 a.m. -Architecturally Significant Single Family Home Retention Incentives I Im Ordinance Amending The Land Development Regulations Of The Codi; Of The City Of Miami Be<ich, By Amending Chapter 142, "Zoning D1$lricts And Regulations," Article II, "Olstricl Regulations," Divililon 2. "Single-Family Residential Districts," By Revising The Standards And Review Requirements Far New Construction, Additions And Modifica~ons To Properties That Contain An Archrtecturally Significant Single Family Horne Not Located Within A Designated Historic District Inquiries may /Je directed to tile Planning Department at 305-513-1550. 10:40 a.m. -Al1on Road Historic District BLiffer Overlay I Ordinance Amending The Code D!The City Of Miami Beach, Florida, By A~cnding Chapter 142, "Zoniog Districts And Regulations," Article Ill, "Overlay Districts," Creating Division B "Alton Road -Historic District Buffer Overlay," By Including Section 142-858 "location And Purpose," And Section 142-859 "Development Regulations," Including Among Dtfler Provisions Regulations On Maximurr, Floor Area Ra1io; Maximum Build:n9 Height, Minimum Setbacks; Building Separation; Demolition Or Additions To Contriblll:ing Bul)dings In An Historic Dislrict·, 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 Use:> In b:cess Of 10,000 Sq. Ft; And Prohibiting Alcahal1c Beverage And Entert<mmerit Establishments In Open Areas With Exceptions As Prescribed In The Ordinance. /,1quiries may be directed la IM Planning Department ar 305-673-7550 10:55 a.m. -Mechanical Parking Systems/ 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 Requirem@ts For Mechanical Parl<.ing Devices And Robotic Parking Systems. Inquiries may be directed to the Planning Department at 305-613-1550. 11:05 a.m. -Talmudic University -RM-2 Heights f Ordinance Amending The Land Development Regulalions Of The Cede OfThe City Of Miami Beach, By Amend'ng Chapter 142, "Zoning Districts And Regulations," Article II "District Regulations," Subdivision IV, "AM-2-Residential Multifamily, Medium Intensity," Section 142-217, "Area Requirements," To Modify The Requirements For Maximum Building Height And Maximum N~mber Of Stories lJnhin The RM-2 Oistrict Along Alton Road Between Arthur Godfrey Road And West 34th Street Inquiries may bo directed ta the Planning Department at 305-613-1550. ,,,,. 11:15 a.m. -Ordinance Amending The Gode OfThe City Of Miami Beacl1, By Arnendiog Chapter 54, Entitled "Floods," By Amending Article II, Entitlod "Floodplain Management," By Amending Division 1, Entilled "Generally," By Amending Section 54-35, Entitled "Defini!ions" By Amending T~e Definition Of "Sub.stan!ial Improvement" To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Period. Inquiries may /Je directed to the Bwlding Depaitment at 305-673-7610. 11:25 a.m. -Ordinance Amending Cha~ter 2 O!Thc C1t1 Cooe, Enbtied '"Administration.' By Amending Article Ill. Entitled '"Agencies. Boards lmd C-0!Jlm1ttees"To Streamline The City's Boards By Expanding The Powers, Duties And/Of Membership 01 Cert~in Agencies, Boards And Committees And Abolishing Those Thal Are Superseded By The Enhanced Agencies, Boards. And Committees. Inquiries may be directed to the City A/!arr.ey's Office a: 305-673-1470. 11:35 a.m. -No WsKfJ Zone Ordinance/Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Slructures, Facilities And Vehicles," By Am~rding Miele 11, Entitled "Restricted Wake Zones," By Amending Section 66-43, Enti~ed "Reslricte,j Areas." Sy Amending Subsection C Thereof Regarding The Slaw Speed. Minimum Wake Zone By Amending The Boundaries Thereof Ar;d Amending Area C On The Appendix Thereto. lnqwriss may be directed to the City Attor.iey's Office at 305-673-7470. 11:45 a.m. -Ordinance Arnendmg Chapter 2 OI The Miami Beach City Code Entitled "Administration," By Amendmg Article IV Entitled "Officers And Employees." By Amending Section 2-191 E11titl0d "Enumeration DI Or~~nizationat Units," By Creating The Office Of Communicat1ons, Office Of Budget And Peliormance Improvement, Information Technology Department, Procurement Department, Tourism. Culture And Economic Developrnenl Department, Pl<rnning Department, Office Of Housing And CommLmity Development, And Office Of Capital Improvement Projects; Eliminating The Divisions Under Offices And Departments; And Further Providing Arnendmerts To The Names Ol Certain Departments And Offices. Inquiries may be directed to tile Human Resources Depa!lment at 305-673-7524. 11:55 a.m. -MBERP For GSAF .'Ordinance implementing Provisions 01Tte2012-2015 Coilective Bar~aining Agreement Bet.veen The City And The Government Supervisors Association 01 Florida, DPEIU, Local 100 iGSAF1: Amending The Miam, Beach Empioyees' Retiremem Plan Created By Ordinance 2006-3504: Amending Section 2.26 O!Tt1e Plan By Extending The Deterred Retirement Option Plan (DROP) Program From Three (3) To F:ve (5) Years For Elig'ble Members: Amending Section 5"1 3 To Reflect Amended Eligibility Anrt P;;rticipation Requirements And Amonded DROP Pian Feat~res: Amending Section 4.03 By Eliminating The PurcMse 01 Acidit1oral Creditable Service For Certain Members Amending Section 6.03 Aequiring The City To Co11tibute A1 Least The Normal Cost To Pension Each Year. Requ,ring M Experience Study At Least Every Three (3) Years And Requiring Five (5), Ten [1 O) And Twency 12U) Year Projections 01 ReQuired Pension Contr:bulions As P3rt OfThe Annual Actuarial Valuation. /nqLJiries may be direr.led to the H11man ResoLJrces Department at 305-673-7524 Or. Stanley Sutnick Citiien's forum -Purs~anl to Resolution No 2013-26440, tte limes for the Dr. Stanley SuMick Citizen's forum have been changed to 8:30 a.m. and 1 :00 p.m .. or as soon· as ;ioss1ble '.he1eafter. Apprnximately '.hirtf r:iir.u'.c;~ _.,,,. te aiiocated to each session. w1t11 mdi,1duals tJe:ng ii1rn~ed to nc morn thar. three minutes or for a period establisr.cd by the Mayor. No appo1ntrnent or advance notification is needed in or.je' to speak to the Cornmiss.on during this Forum. INTERESTED PARTiES ~re .1w1te~ lo ~rpear at this meeting, or be represented by in a gem. or to express their views in writing addressed to the City Commission, cio the City Clerk, 1700 Convention Cente1· Drive, 1" Floor, City H&ll, Mimrn Beach, F:orii1H '.131'9. C.Jp1es of these items are avu·:abl~ lor public 1nsµec!ion during normal business hours in the City Clerk's Oft1ce, 170U Convention Center Drive, 1" Floor City Hall, M:ami Be~rh, FIN'da 33139 TJ-,,s r.1rntng, 01 any item hHein. may be contim1ea, and under such circumstances add•tional legal notice 11eed not be provided. Rafael E. Granado, Ciiy C:er' City o1 Miami Beach Pursuant to Sectiori 236.0105, Fla. Slat., the City hereby advises the public tl1at if a ?erso11 decides to appeal any decision mnde by the City Commission with respect to any matter considered at rt;; meeting or its hearing, scch person must ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be llased. This notice does not constitute Ton sent by tho City for the <ntroduction or acrn:ssion of othcr11isc inadmissible or irrelevai1t ev1~ence, nor does it authorize challenges or appeals not otherwise allowed by law. To reqLlest this material in accessible 1orr;iat, sign language interpreters. 1nforrnat1on on access for persons wtth disabilities and/or any accommodaUOn to review <ll1Y documenl or participate in any c:cty-sponsored proceeding, please contact us live days in a~vance at 305-6i3· 7 4 111voice) or m users may also call !he Florida Relay Service at 711. ~d #355 585 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: CC: FROM: DATE: Jimmy Morales, City Manager Rafael E. Granado, City Clerk Commissioner Joy Malakoff,r February 12, 2014 SECOND READING PUBLIC HEARING 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. The attached Ordinance was passed on First Reading at the January 15, 2014 Commission meeting and was referred to the Neighborhoods/Community Affairs Committee (NCAC) for its recommendations regarding whether there should be a phased sunsetting of: a) the boards and committees to be abolished and b) board member parking decals. Subsequent to First Reading, I made minor revisions to expand the purpose, powers, and duties of the Affordable Housing Advisory Committee (AHAC) (See Secs. 2-167(b) and (c)(4)-5)). In addition, minor revisions were proposed by the NCAC at its January 30, 2014 meeting to amend the composition of the seven direct appointees to the AHAC (See Sec. 2-167(d)). The NCAC also recommended that the changes proposed ln the Ordinance not take effect until May 31, 2014. I recommend that the attached revised Ordinance be passed and adopted on Second Reading and that a motion be approved accepting the recommendations of the NCAC which have been incorporated in the Ordinance. 586 Agenda Item Rs G- Date 2.-1z.·ll( For purposes of background, one of my first priorities as a City Commissioner was 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. Rather than staff our many boards and committees, our City employees' time should be prioritized and spent on more productive matters. The Ordinance that was approved on First Reading resulted from my review of all of the current standing 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's office and the City Attorney's office and, together, we drafted an Ordinance for the full Commission's consideration on First Reading. 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. F:\ATIO\TURN\MEMOS\Memo from Commissioner Malakoff February 2014.docx 587 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" 588 AGENCIES, BOARDS, OR COMMITTEES TO REMAIN AS AMENDED Affordable Housing Advisory Committee (purpose, powers, 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:IATTO\TURN\MEMOSIRevised Exhibit A for Memo from Commissioner Malakoff.docx 2 589 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 111 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. 590 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. The committee shall also review applications for funding the rehabilitation of residential properties. under the provisions of the Multifamily Housing Rehabilitation Guidelines, as approved pursuant to Resolution No. 95- 21728. and as may be amended from time to time. and such review shall include property qualifications and eligibility of applicants. The committee shall recommend approval of qualified applications to the City Manager, and Mayor and City Commission. In addition. the committee shall serve as an advisory body, representing all residents of the city, especially those directly affected by the consolidated plan. which will encompass CDBG. HOME and ESGP funds, and the Section 108 Loan Guarantee Program, to provide input regarding all phases of the community development program. and to effectuate and encourage citizen participation from all individuals. especially low and moderate income persons and residents of community development target areas. 2 591 (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 Gfity Gfommission 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 advisory committee may perform other related duties at the request of the city commission. b The advisory committee shall review applications for funding the rehabilitation of residential properties under the provisions of the city's Multi-family Housing Rehabilitation 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. 1. In addition. the committee shall serve as an advisory body, representing all residents of the city, especially those directly affected by the consolidated plan. which will encompass CDBG, HOME and ESGP funds, and the Section 108 Loan 3 592 Guarantee Program. to provide input regarding all phases of the community development program. and to effectuate and encourage citizen participation from all individuals. especially low and moderate income persons and residents of community development target areas. ~ 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++ eighteen (.1.fil 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.The direct appointees shall either be: ill a resident of a locally designated community development target area for a minimum of six months; or 1ill. demonstrate ownership/interest for a minimum of six months in a business established in a locally designated community development target area for a minimum of six months. ffhe remaining eleven (11) members shall be appointed at large by a majority vote of the mayor and city commission. The committee at large appointees 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. 4 593 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 review aommittee, aommunity development advisory committee, planning board and Miami Beaah Housing Authority may be appointed to fill any of the above 11 aategories. and serve as ex offiaio 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 serviaes department, Hb.ousing and community GQ.evelopment 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 OuUes. 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 5 594 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: .L 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 ~ 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 . .(.9fat 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 follmNing boards/committees or their designees shall serve as non·1oting, 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. 6 595 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(ef 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) fft Supporting 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 community/police relations with the aim of improving the public's confidence in government and in particular, the police department of the city. 7 596 ---------------·------ 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 >.Nhom shall be voting members. The members shall be direct appointments, with the mayor and city commissioners, each making two individual appointments. GRe non•.ioting ex officio member shall be from the nonadministrati•le personnel of the police department selected by a majority vote of the nonadministrative personnel. Two additional nonvoting ex officio members shall be the polise chief (or a designee) and the city attorney (or a designee). The ohairperson of the committee or his designee shall serve as a nonvoting, ex offieio 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. * * * 10.) Division 21, entitled "Marine Authority," Sections 2-190.46 through 2-190.41 thereof, is amended as follows: 8 597 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 2 109.23. 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 citizens, as well as visitors to the city. To accomplish this goal, the authority receives and reviews applications for charter boats, beach concessions, marine related special events and sensitive marine environmental issues. Sec. 2-190.48. Membership. (a) Composition. The marine authority shall consist of seven fourteen il.1} voting members, who shall be direct appointments by with the mayor and city commissioners each having two (2) direct appointments, and one nonvoting, ex offioio member of the authority, 'Nho 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 er marine facilities, including experience in various types of marine vessels and boating activities, and/or 2.) who have an interest in preservation of the city's beaches and waterfronts. 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. 9 598 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 enforcement of reasonable minimum standards 1Nithin the framm"Jork of the chapter. VVhen approved by the city commission, such rules and regulations shall have the foroe and effect of law. &.--Make continuing studies a-00 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 workin.g_in cooperation with au federal, state and local agencies interested in marine standards and clean and clear waterways; and to publicize-lo.g the importance of adequate minimum standards~, to and holdlo.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 conducted in other metropolitan areas. 2.~ Foster and maintain a clean, litter-free marine environment by exploring the availability of enforcement techniques, new ordinances.Land the active promotion of voluntary cleanups. 3.f4j Make recommendations regarding any ongoing and future waterside activities including the permitting and policing of water-related and beach concessions, afld. water-oriented and marine related special events.Land marine and waterfront environmental issues. 4. (5) Make recommendations to the planning board or any other city board ·...-hen acting on matters related to the provisions of this chapter. 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. 10 599 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 and visitors to 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, ANQ 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. Sec. 2-190.92. Purpose. The transportation, aflEi parking, and bicycle-pedestrian facilities committee's of the city's mission is to serve in an advisory capacity to the ~ manager and the city commission and eity administration in matters of transportation and parking as they relate to the unique oommunity neighborhoods of the city; and to improve the lives of the city's residents and visitors by promoting the development, sound management, safety 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 11 600 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 afl€I. 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 aR€I or city 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. safety. management and development of public bicycle and pedestrian facilities for such action as they may seem appropriate. 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: 12 601 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. §!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 .(1Q} 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 aR€I-shall follmv provide a letters from such organization certifying that designation shall be forv.·arded to the Miami Beach city clerk. Sec. 2-190.98. Supporting department. The supporting department of the committee is the parking department. Secs. 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 13 602 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. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 31 81 day of May, 2014. PASSED AND ADOPTED this ___ day of ______ , 2014. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk (Sponsored by Commissioner Joy Malakoff) F:\ATTO\TURN\ORDINANC\Boards Ordinance January 8 2014.docx 14 603 16NE I THURSDAY, JANUARY 30, 2m4 NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS MiamiHerald.com I MIAMI HERALD NOTIC:E IS HEREBY given that the following public hearings will be heard by the Mayor and City Commission of the City of Miami Beach. Florida, in the Commission Chambers, 3rd Floor, City Hall. 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, February 12, 2014: 10:10 a.m. -Single Family Development Regulations I An Ordinance Amending The land Development Regulations Of The Code Of The City 01 Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Sin~le-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 Procmes Fur 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. Inquiries may be directed to tile Planning Department at 305-673· 7550. 10:25 a.m. -Architecturally Significant Single Family Home Reten1ion lnrentives f An Ordinance Amending The land Development Regulations OfThe Coae Of The City Of Miami Beach, By Amending Chapter 142. "Zonjng Districts And Regulations," Artlcle 11, "District Regulations," D1vi:i[on 2, "S:ngle-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 NQt Located Within A Designated Historic District Inquiries may be directed to the Planning Department at 305-673-7550. 10:40 a.m. -Attan Road Historic District Buffer Overlay I Ordinance Amending Tl1e Code DI The City 01 Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regtilations,' Article Ill, "Overlay Districts," Creating Division· B "Alton Road -Historic District Buffer Overlay," By Including S€ction 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 BuiJdings In An Historic District; And Land Use Regulations Fur locaflon Of Retail Uses. ReS'.<iurants, Bars, Errtertainment Establishments. Alcoholic Beverage Establishments And Similar Uses; Req~iring 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. Inquiries may be directed to the P!gnning Department at 305-673-1550. 10:55 a.m. -Mechanical Parking Systems f Ordinance Amending The Land Oevelopment Regulations Of TM Cit"i Code lly 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 Roootic Parking Systems. lnqu;ries may be d;rected to the Planning Department at 305-673"7550. 11:05 a.m. -Talmudic University-RM-2 Heights I Ordinance Amending The Land Development Regulations Of The Code OfThe City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations; Articie II, "District Regulations,'' Subdivision IV, "RM-2-Residential Multifamily, Medium Intensity,'' Section 142-217, "Area Requirements,'' To Modify The Requirement> for Maximum Building Height And Maximum Number Of Stories Within Jhe RM-2 District Along Alton Raad Between Arthur Godfrey Road Alld West 34th Street Inquiries may be directed to the Planning Department at 305-673-7550. 11:15 a.m. -Ordinance Amending T~e Gode OfThe Cit"i Of Miami Beacl1, By Amending Chapter 54, Entitled "Floods," By Amending Article 11, Entitled "Floodplain Management," By Amending Division 1, Entitled "Generaily," ~Y Amending Section 54-35, Entitled "Definttions" By Amen(!ing The Definition Of "Sub.stantial Improvement" To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Period, lnqwries m,qy )9 directed to the Building Department at 305-613-7610. ' 11:25 a.m. -Ordinance Ar:iend1ng C~apter 2 Of T~e City Code, Entitled "Administration," By Amending Article Ill, Ent:tl€d "Agencies, Boards And Committees" To Streamline The City's Boards By Expanding The Powers, Du'jes AndtO[ Membership Of Certain Agencies, Boards And Committees Arld Abolishing Those That Arn Superslldcd By The Enhanced Agencies, Boards, And Committees. !~quiries may be directed to the City Allvmey's Office ,q/ 305-673-7 4 70, 11 :35 a.m. -No Wc.o.e Zor.e Ordir.ance/Ordir.ance Amending The Code Of The City Of Miami Beach. By Amending Chapter 66, Enti'led "Mar'ne Stri:clures, Fecilrties And Vehicles," By .~mending Article II, Enti'led "Res(rict~d Wake Zones," By Am~nc1ny Section 66-43, Entitled "Restricted Areas," By Amending Subsection G Thereof Regarding The Slow Speed, Minimum Wake Zone By Amending The Boundaries Thereat And Amending Are< C On Tl',e Appe•1uix Thereto .. Inquiries may be o'lrecteri to tlio City Attorneys Office at 305-673-7 470. 11:45 a.rn. -Ord;nance Amending Chapter 2 Of The Miami Beach City Code En!itled "Aclminis!rat:on,'' By Amending Article IV Entitled "Officers And Employees," By Amending Section 2-191 Entitled "Enumeration {)f Organizational Units," By Creating The Office Of Communications, 011ice Of Budget And Pertormance lmprnvement, Information Technology Department, Procurement Department, Tourism, Cu~ureAnd Economic Development Departmen~ Planning Oepar~ment, Ott;ce Of Ho~sing And Comm unify Development, And otfice Of Capital Improvement Projects; Eliminating The Oivisicns Uncer Offices And Departments; And Further Providing Amendments To The Nar:ies Of Certain Departments And Offices, Inquiries may be directed lo the Human Resources Department at 305-673-7524, 11:55 a.m. -MBERP For GSAF I Ordinance Implementing Provisions Of TI:e 2012-2015 Collective Bar~aining Agreement fiet.veen The City And The Government Supervisors Assoc1atron 01 Florida, OPEIU, local 1 OU !GSAF;: Amending Tile Miami Beac~ Employees' Retirement Plan Created By Ordi~ance 2006-3504; Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan (DROP) Program From Three (3) To Five 15) Years For Eligible Membe.rs; Amenuing Section 5.13 To Reflect Amended Eligibility And Particip:ilion Requirements And Amended DROP Plan Features; Amending Section 4 03 By Eliminating The P~rchase Of Additional Creditable Ser1ice For Cerlain Me1:ibcrs; Ar'.lending Section 6.03 Requir:ng The City To Contr:bute At Least The Normal Cost To Pension Each Year, Rquiring An Experience Study At Least Every Three (3) Years And Requiring Five \5), Ten (10) And Twonr; {201 Year Projections Of Required Pension Contributions As Part Of Tho Annual Actuarial va~uation, Inquiries may be directed to the Human Resources Department ar 305-673-1524. Dr, Stanley Sutnick Citizen's Forum -Pursuant to Reso1ution No. 20!3-2844U. the times fer the Dr S!anley Sutnick Citizen's Forum have been changed lo 8:30 a.m. and 1:00 p.m., or as soon as poosib'e thereafter. Approximately thirt1 mir . .il~c wil! be allocated to each se~sion, with mdividuals being iimirnd to no more than lhrne minutes or for a period established by the Mayor. No appointment or advance notification is rieeoed in mter to speak to the Cornmis<ion during this Forum. IMTERESTED PARTIES :;re in-11led to iliJpaar a\ 1t1is mooting or tie rapresentej ~~ 811 age1~t, or to express their views 1n wril111g addressed to tM City Cummission, c/o the Ci~J Cler~. 17DO Co11venticn Center Dri•m, 1 ·Flom, CiW Hall Miilmi Beach Florio" 33t~9. Copms of lhA~e i1ems are av•ilable lJr publ'c in.specto~ <Ji;ring normal business hams in the City Clerk's Ol!ice 170D Convention Center Drive, 1" Floor, City Hall, M1arni Beach, rlcrida 33< 39. Li's n1aet!ng or 2~y it,;rn herein, mai be continued, a1d under such cirCut'1stanccs, additional !e~al "ctice need not be prov,ded Rafael E. Granado, City Clerk Ci\y ol Miami Beach Pursuant to Sectimi 286.0105, Fla, Stat., the City hereby advises the pcblic that: ii a pernon decides to appeal any decision made by tlie City Commission with rnspect ta any matter considered at its.meelmg or its r,earing, ;uch perscn must ensure that a verbatim record of tl1e proceedings is made, which r~cord 1ncluces tr.s testimony and evidence upon which the appeal is to be based. This notice does not consutute car.sent by the Ci~J for the mtrocuction or admisslor of ottrnr.vise in;idmissible or irrelevant evidence, nor dces it authori!e challenges or appeals not otherwise allowed by law. To request this material in accessible lormat sign 1<mguage inlerprnters, 1nform;ition on acress fer perS1ms with disabilities and/or any acccmmadation to review any document or participate in any Cit"i-sponsored proceeding, please contact us five davs in advance at 305-673-7411[vo1ce1 or nY users may also call ll1e Florida Relay service at 711 . .lid #855 604 THIS PAGE INTENTIONALLY LEFT BLANK 605 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, BY AMENDING CHAPTER 66, ENTITLED MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE 11, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION 66-43, ENTITLED "RESTRICTED AREAS," BY AMENDING SUBSECTION C THEREOF REGARDING THE SLOW SPEED, MINIMUM WAKE ZONE BY AMENDING THE BOUNDARIES THEREOF AND AMENDING AREA CON THE APPENDIX THERETO; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Key Intended Outcome Supported: Increase community satisfaction with City government Enhance the environmental sustainability of the community. Supporting Data (Surveys, Environmental Scan, etc.): NIA Item Summa /Recommendation: OPEN AND CONTINUE According to Section 327.46 of the Florida Statutes, any municipality may create restricted wake zone regulations for the safe operation of motorboats and other vessels in or upon waters of that municipality. Further, Section 327.46, F.S. encourages local governments to establish boating restricted areas where safety and need requires. The Commission reviewed and approved Ordinance 2013-3796, establishing restricted wake zones, on April 17, 2013 (the "Ordinance"). The Ordinance established a mix of zones: two "Idle Speed, No Wake" zones and one "Slow Speed Minimum Wake" zone. The first Idle Speed, No Wake zone was created in the area surrounding the public access boat ramp within the Maurice Gibb Memorial Park, and the second was created surrounding the blind corner presented by the northwest corner of the Sunset Harbor Yacht Club marina. The single Slow Speed, Minimum Wake Zone was created in the waters just west of Sunset Harbor which present a serious safety hazard. The State application process commenced after the approval of the ordinance. As part of the state review process, the Coast Guard (USCG) and the Florida Fish & Wildlife Conservation Commission (FFWCC) reviewed the Ordinance. The comments provided by these governmental agencies necessitate minor changes to the approved ordinance. Accordingly, the Ordinance must be revised in order to address the USCG and FWCC comments. The changes are very minor: 1) Adjust the location of markers indicating the slow speed zones. Upon further consideration the USCG believes that the original location of the markers presented a navigational concern. Specifically, the USCG requested that Markers 3, 4, and 5 be moved farther out of the Miami Beach channel. Accordingly, Markers 3 and 4 were moved slightly west, and Marker 5 was moved slightly north so as to be removed from the channel. 2) Reduction of the scope of the slow speed zone. The Slow Speed Zone in the original ordinance encompassed the area west of the Sunset Harbor neighborhood, from the north end of the Sunset Harbor Yacht Club extending south to the Venetian Causeway. The USCG and FFWC requested that instead of extending all the way south to the Venetian Causeway, the Slow Speed zone be reduced so that the Slow Speed zone's boundary is approximately level with the northernmost oint of Belle Isle. The two Idle S eed zones are not modified. Financial Information: Source of Funds: Amount Account Approved 1 I I 2 OBPI Total Financial Impact Summary: The proposed Ordinance should not have a significant fiscal impact upon the City, as this Ordinance would only require installation of "idle speed no wake" (no wake) and "slow speed minimum wake" (slow speed) sians. Considerina that the Marine Patrol station is adiacent to the area there is no increase in enforcement costs. City Clerk's Office Legislative Tracking: I Debbie Turner Si n-Offs: City Attorney T:IAGENDA\2013\April 17\No Wake Zone.Summ.doc MIAMI BEACH 606 Manager I I: I; A~ENDA ITEM _R_S-'-H----.,..-~ DATE :J-/2-{C/ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Phillip Levine and Members If the. City Commission Jimmy L. Morales, City Manager : ., r-'~ DATE: February 12, 2014 OPEN AND CONTINUE SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION 66-43, ENTITLED "RESTRICTED AREAS," BY AMENDING SUBSECTION C THEREOF REGARDING THE SLOW SPEED, MINIMUM WAKE ZONE BY AMENDING THE BOUNDARIES THEREOF AND AMENDING AREA C ON THE APPENDIX THERETO; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Open and continue. KEY INTENDED OUTCOME Increase community satisfaction with City government Enhance the environmental sustainability of the community. BACKGROUND According to Section 327.46 of the Florida Statutes, any municipality may create restricted wake zone regulations for the safe operation of motorboats and other vessels in or upon waters of that municipality. Further, Section 327.46, F.S. encourages local governments to establish boating restricted areas where safety and need requires. The Commission reviewed and approved Ordinance 2013-3796, establishing restricted wake zones, on April 17, 2013 (the "Ordinance"). The Ordinance established a mix of zones: two "Idle Speed, No Wake" zones and one "Slow Speed Minimum Wake" zone. The first Idle Speed, No Wake zone was created in the area surrounding the public access boat ramp within the Maurice Gibb Memorial Park, and the second was created surrounding the blind corner presented by the northwest corner of the Sunset Harbor Yacht Club marina. The single Slow Speed, Minimum Wake Zone was created in the waters just west of Sunset Harbor which present a serious safety hazard. The State application process commenced after the approval of the ordinance. As part of the state review process, the Coast Guard (USCG} and the Florida Fish & Wildlife Conservation Commission (FFWCC) reviewed the Ordinance. The comments provided by these governmental agencies necessitate minor changes to the approved ordinance. Accordingly, the Ordinance must be revised in order to address the USCG and FWCC comments. 607 No Wake Zone I Slow Speed Zone Second Reading and Public Hearing City Commission Meeting February 12, 2014 Page 2 of 2 The changes are very minor: 1) Adjust the location of markers indicating the slow speed zones. Upon further consideration the USCG believes that the original location of the markers presented a navigational concern. Specifically, the USCG requested that Markers 3, 4, and 5 be moved farther out of the Miami Beach channel. Accordingly, Markers 3 and 4 were moved slightly west, and Marker 5 was moved slightly north so as to be removed from the channel. 2) Reduction of the scope of the slow speed zone. The Slow Speed Zone in the original ordinance encompassed the area west of the Sunset Harbor neighborhood, from the north end of the Sunset Harbor Yacht Club extending south to the Venetian Causeway. The USCG and FFWC requested that instead of extending all the way south to the Venetian Causeway, the Slow Speed zone be reduced so that the Slow Speed zone's boundary is approximately level with the northernmost point of Belle Isle. The two Idle Speed zones are not modified. CONTINUANCE At this time, the FFWC application for approval of the Ordinance is complete. Pursuant to FFWC procedure, the FFWC must now publish notice of the Ordinance and allow for a 21 day comment period. Accordingly, the FFWC attorney suggests that the City's second reading of the Ordinance be postponed until after the FFWC's comment period has elapsed. Continuing second reading of the Ordinance to April ensures that the City has time to address any comments that arise during the FFWC's comment period and incorporate any necessary changes into the Ordinance before second reading. CONCLUSION The Administration recommends that the City Commission open and continue this item. JLM\JMJ T:\AGENDA\2014\February\No Wake Zone Memo.docx 608 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 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION 66-43, ENTITLED "RESTRICTED AREAS," BY AMENDING SUBSECTION C THEREOF REGARDING THE SLOW SPEED, MINIMUM WAKE ZONE BY AMENDING THE BOUNDARIES THEREOF AND AMENDING AREA CON THE APPENDIX THERETO; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida is authorized to regulate vessel operations, including the speed and wake of vessels, under Sections 327.46 and 327.60 of the Florida Statutes; and WHEREAS, the City Commission has determined that the unregulated operation of vessels on the waterways in the City of Miami Beach constttutes a potential hazard to the safety and welfare of the citizens of City of Miami Beach; and WHEREAS, vessels used as a means of transportation on water have been declared to be dangerous instrumentalities in the State of Florida pursuant to Section 327.32, Florida Statutes; and WHEREAS, boating restricted areas are necessary to avoid safety hazards to persons, property, and marine life resulting from vessels traveling at excessive speeds; and WHEREAS, on April 17, 2013, the City Commission passed and adopted Ordinance No. 2013-3796 that established Restricted Wake Zones in the areas of Biscayne Bay/Malloy Channel to the west of the Maurice Gibb Memorial boat ramp and the Sunset Harbor Yacht Club; and WHEREAS, the United States Coast Guard and the Florida Fish and Wildlife Conservation Commission have subsequently requested changes to the adopted Restricted Wake Zones Ordinance, currently codified in Section 66-43 of the Miami Beach City Code, to further accomplish the objectives of the Restricted Wake Zones Ordinance by amending the boundaries of the slow speed, minimum wake zone codified in subsection C thereof. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1. That Article 11 of Chapter 66 of the Miami Beach City Code, and Area C on the Appendix thereto, are hereby amended as follows: CHAPTER 66 MARINE STRUCTURES, FACILITIES AND VEHICLES * * * 609 Article II. Restricted Wake Zones. Section 66-43. Restricted Areas. A. The areas of enforcement of the provisions of this Ordinance shall be all public navigable waters, creeks, lakes, canals and channels, as provided herein, whether natural or manmade, located within the boundaries described below for the purpose necessary to protect the safety of the public as such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards in compliance with Section 327.46, Florida Statutes. B. Idle Speed, No Wake Zones shall be established at the following locations: 1) Within a 500 foot radius of the public access boat ramp within the Maurice Gibb Memorial Park. See Area A on Appendix. 2) Within a 300 foot radius of the blind corner presented by the northwest corner of the Sunset Harbor Yacht Club Marina which obstructs the view between the Biscayne Bay and the channel between the Miami Beach Island and Sunset Island IV, excluding however the area of the 300 foot radius circle which is greater than 150 feet north of the northern bound of the Sunset Harbor Yacht Club Marina. See Area B on Appendix. C. A Slow Speed, Minimum Wake Zone shall be established: That portion of Biscayne Bay which lies west of the northern portion of the Sunset Harbor area of Miami Beach, north of the eastern portion of the Venetian Causeway and east of the northern mid-point of Belle Isle, and excluding the shoal area mffiR in the vicinity east, north, and south of Marker 5, and bounded to the north by the imaginary line which is a westward extension of the northern boundary of the Sunset Harbor Marina Yacht Club; additionally excluding areas otherwise designated herein as Idle Speed, No Wake Zones. See Area C on Appendix. SECTION 2. SEVERABILITY. If any section, sentence, clause, or word of this section ls for any reason declared to be unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions shall not be affected. SECTION 3. REPEALER. Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in conflict with this Ordinance, is hereby repealed to the extent of such conflict. 2 610 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, as amended. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of , 2014, and upon posting of the regulatory markers permitted in accordance with Sections 327.40 and 327.41, Florida Statutes and the provisions in Chapter 680-23, Florida Administrative Code. PASSED and ADOPTED this ___ day of __________ , 2014. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Sponsored by Mayor Philip Levine) Underline denotes additions Strike through denotes deletions PHILIP LEVINE, MAYOR L. F:\ATTO\TURN\OROINANC\Restricted Wake Zones February 2014 amendments.docx 3 611 110~--~~---·~~~ ....... ~~~~,_..,.....,.,..,,..,..,,,,,.....,.....,.....,..~...,..~~...,..~~~...,..~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-·---I c--:~----: IDLE SPEED. NO WAKE ZONE I [ . . . I SLOW SPEED, MJNJMUM WAKE ZONE I ' ~~ -"; '., .-. I '" •H l•I' \ 11 I \Ill I 'I\ 11 l'I \'\f '\l>'\l I I< •l<lll I I 1'1 -11•io1 ' ''II l•i "' Hll' 11< 1\. ...._,Hi' 1111 '• i \' 11 '•. l \ 1t11 Ill SllOAL AREA ___ 11 /1 APPROXIMA' .. BOUNDAR y l Ii SHOAL "..,,.,:j'J 3·-·-~~'-;",t•t;;,.,,, ~--""'·,~·-·J.iJ< ....... . , '""° J -;;, ~ ,.. .. 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" . . . . \ (I' ... i •• 111'\.1 111 Pl ,.· \ :. ! }----~ BILLI ISLE . """'· Appendix to Sec. 66-43 c ,' ·'} .,,:, r I i i ct' -; -_ .. A ---{' .: L ,. ' ' ",, IJARRYJ.:11'1111\ BOAT RAMP IDLE Sl'LED. >JO WAKl I.OKI'. SUNSET f!ARBOK N """'" CD 16NE I THURSDAY, JANUARY 30, 2014 NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS MiamiHerald.com MIAMI HERALD NOTICE IS HEREBY given that the following public hearings will be heard by the Maior and City Commission of the City of Miami Beach, Florida, in the Commission Chambers. 3rd Floor, City Hall, 1700 Convention Center Drive, Miami ll€ach, Florida, on Wednesday, February 12, 2014: 10:10 a.m. -Single Family Development Regulations I An Ord1n~nce Amending The land Development Regulations OI 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 Sin~le-family Residential Construction, By Replacing The -single-Family Residential Review Panel, By Clarifying And Amending The Standards And Procures Fer Reviewing New Construction And Additions In Single Family Oistr;cts, Including Modifications To Lot Coverage, Unil Size ·And Overall Height, By Clarifying lhe Below Flood Level Conslruclion Requirements For Affected.Properties In High F1ood Zones, And By Clarifying Setback And Lot Coverage Requirements. Inquiries may be directed to the Planning Department at 305-673-7550 10~25 a.m. -Architecturally Significant Single Family Home Retention Incentives I An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Drstr1cls And Regulations," Artcle II. "District Regulations," D1vi:ijon 2, "Single-Family Residential Districts," By Revising The Standards And Rev:ew Requirements For New Construction, Additions And Modifications To Properties That Contain An Architecturally Signifir.ant Sin~le Family Home N9t Located Within A Designated Historic District Inquiries may be directed to the Planning Department at 305-613-7550. 10:40 a.m. -Alton Road Historic District Buffer Overlay l Ordinance Amending The Code OfThe City Of Miami Beach, Florida, By Arrlending Chapter 142, "Zoning Districts And Regulations,' Article Ill, "Overlay Districts," Creating Division 8 "Alton Road· Historic District Buffer Overlay," By lnclmling 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 OrAddiliOns To C-Ontributing Bui.ldings In An Historic District; And Land Use Regulations For Location Of Retail Uses, Restaw-ants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Condttional Use Approval Of Such Uses In Excess or 10,000 Sq. Ft., And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With EKceptions As Prescribed In The Ordinance. Inquiries may be direct~d to tho Planning Department at 305-673· 7550. 10:55 a.m. -Mechanical Parking Systems I Ordinance Amending T~e Land Development Regulations Of The City C-Ode By Amending Chapter 130 "Off-Street Parking," Article II "Distncts, Requirements," Section 130-3B, "Mechanical And Robotic Parl<ing Systems,' By Modifying The Requirements For Mechanical Parking Devices And Robotic Parking Systems. Inquiries may be directed to the Planning Department at 305"613-7550. 11:05 a.m. -Talmud le University -RM-2 Heights I Ordinance Amending The Land Development Regulations Of T11e Code OfThe 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 Heigl1tAnd Maximum Number Of Stories Within The RM-2 District Along Alton Read Bet.veen Arthur Godfrey Road And West 34th Street. Inquiries may be direr:ted to the Planning Department at 305-673-7550. 11:15 a.m. -Ordinance Amending Tue Code OITlie City or Miami BBach, By Amending Chapter 54, Entitled "Floods," By Amending Article II. Entitled "Floodplain Management,' By Amending Division 1, Entitled "Generally," 8)' Amending sectian 54-35, Entitled "Definitions" By Amending The Definition DI "Sub.stantial lmprovemerrt" To Apply To Improvements Taking Place D~rlng A One Year Period Instead Of During A Five Year Period. lnquirlfS may be directed to tile BLJifding Department at 305-673-1610 11:25 a.m. -Ordinance Amending Chapter 2 OfTt:e City Code, Enlrtled "Administration," By Amending Article Ill, Entitled "Agencies, Beards And Committees" To Streamline The City's Boards By Expanding The Powers. Dwties Ar,d/Of Membmhip Of Certain Agencies. Boards And Committees And Abolishing Those That Are Superseded By The Enhiinced Agencies, Boards, And Committees. Inquiries may be directed to the City Attcm9y'.5 Office a: 5-673-7470. 11:35 a.m. -No Wake Znne C-rdina1'ce/Ordinance Amending Tue Code OfThe City Of Miami Beach, By Amending Chapter 66, Entitled ''Marine Slruct~res, Facilities And 'leriiCles,' By Amer ding Article II. Entitled "Restricted Wake Zones;· By Amending S&ction 66-43. Entitled ·'Restncled Areas," By Amending Subsection C Thereof Regarding The Slow Speed. MinimLlm Wake Zone By Amending The Bo~ndaries Thereof And Amending Are2 C On The Appendix Thtreto. 111qu1ries may be directed to tne City Attorneys Office al 305-673-7470. 11:45 a.m. -Ordinance Amending Chapter 2 Of The Miami Beach City Code Entrtled "Administration," By Amending Article IV Entitled "Officers And Employees," By Amending Section 2·191 Entitled "Enumeration Of Organizational Units," Ry Creating The Office Of Communications, Office 01 Budget And Per'ormance Improvement, Information Technology Department, Procurement Department, Tourism, Culture And Economic Deve'opment Departme~t. Planni11g Department, Office 01 Housing And Community Development, And Office Ot Captlal Improvement Projects: Ehminating The Divisions Under Offices And Departments; And Further Providing Arnendmerts To The Names Of Certain OeJartments And Offices. Inquiries may be directed to the HLJman Resources Department al 305·673-1524 11:55 a.rn. -MBERP For GSAF ! Ordinance Implementing ProvisionB Of The 2012-2015 Collective Bargaining Agreement Between The City And The Government Supervisors Assoc1atior1 Of Florida, OPEIU, Loc~I I 00 (GSAF1; Amending The Miami Beach Employe.es' Retirement Pia~ Created By Ordinance 2006-3504: Amending Section 2.26 Of The Plan By El<tending The Deferred Retirement Option Plan (DROP) Program From Three (3) To Five 15) Ye<rs For Eligi~le Members; Ameriuing Section 5 13 To Reflect Amended Eligibility And Part1t1~ation Reouiremen'.s Ard Amended DROP Plan Features; Amending Section 4.03 By E:iminating The Purchase Of Add1tior.al Credi.table Servir.s For Certain Memb~rs Amending Section 6.03 Requirir,g The City To Cont:ibute At Least The Normal Cost To Pension Ear.h Year Requiring An Experience Study At Least Every Three (3) Years And Requiring Five (5), Ten (1 OJ Aud Twenty 120) Year Projections Of Requirvd Pc11sion Co11tr:ilutions As Part DfThe Annual Actuarial Valuation. Inquiries may be directed to the Human Resources Department at 305-673-7524, Dr. Stanley Sutnick Citi2en's forum -Pursuant to Resolution r,o. 2013-28440, l~e times fer t,1e Dr. Stanlev Sull1ick Citizen's Forum have been changed to 8:30 a.m. and 1 :00 pm .. or as soon as pcss1blc t•io,eafter. Approximately thir1') miru'.es ,·;iii te aliecatsll to ead1 ~ession, ,,ith individuals being iimi:ed to nc rrore than U1ree minutes or fer a period established by the Mayor. No appointment or advance roti!icat"~r is need"d ir· crder to spc~k to the Commiss,or. d~ring this Forum. INTERESTED PARTIES 8re 111v1led t•J appear at this me,eting, or be represented lly <in agent, or to e~press tlleir views in writing addressed to tile City Commission, clothe City Clerk, 1700 Convention Center D11vc, 1" Floo:, City Hall, Miami B;;.1ch, flcrida ~313U. Copies ot ll1ese items are available ior public inspection durirg normal business hours in the City Clerk's Office. 1700 Conventio11 Center Drive, 1c Flcor, City Hall, Miami Ee~ch, Fiorid3 33139. Tl;' r.1r,~t·ng. or any 1tr.m herein. may be con;inucd. and under sue~ circu'.Tlstances additiG'lai legal notice neeiJ not be provided. Rafael E. Granado. Crty Cler~ City of Miami Beach Pursueut to Sec!ion 28fi.01·J5, Fla Stat.. the C11'1 ilereby advises u·,e oLblic !'lat if a person decides to appeal any decision mHde by the City Commissior. with resoect to any matter co11sidered al its meeting or 1t~ hRa:inr,. such po;rson must cnsL.re that a '/erbatim record of the proceedings is made vil1ict1 record includes \he testimony and evidence upon whic!1 tile appeal 1s m be based, This notice does not constitute consent by tile City lor the introduction or admission of otherwise inadmissible or irrnle•1;int evid~nce. nor does it authoriLe Challenges or appeals not otherwise allowed by law To requAst this material in accessible format, sign la11guage 1,1terpreters, inform~llon on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsnred proceeding, please contact us five days in advance at 305-6i3-7411 (voicei or m users may also call the Florida Relay Service at 711. M#855 613 MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY giwn that a public hearing wm be held by the Mayor and City Commission of the City of MJaml Beach, Florida, In the Commission Chambers, 3rd Floor. City Hall, 1700 Convention Center Drlve, Miami Beach, Florida, on Wednesday, February 12, 2014, at 11;35 a.m. to consider an Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled ~Marine Structures, Facilities And Vehicles," By Amending Article II, Entitled "Restricted Wake Zones," By Amending Section 66-43, Entitled "Restricted Areas," By Amending Subsection C Thereof Regarding The Slow Speed, Minimum Wake Zone By Amending Too Boundaries Theroof And Amending Area C On The Appendix Thereto; Providing For Repealer, Severabllity, Codification, And An Effective Date. l!ll(uiries may be directed to the City Attorney's Office at 305-673-7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the Cily Commission, do the City Clerk, 1700 Convention Center Drive, 1~ Floor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public i11Spection during normal business hours In the City Clerk's Office, 1700 Convention Center Drive, 1o1 Floor, City Hall, Miami Beach, Florida 33139. This meeting or this Item may be continued, and undcr such circumstances, additional legal notice need not be prGYldcd. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla Stat., the City hereby advises the public 1Jlat: if a person decide$ to appeal any decision made by the City Commission with respect to any matmr considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings Is made, which record Induces the testimony and evidence upon which the appeal is to oo based. This notice does not constitute consent by the Ci1y for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor doos it authorize challenges or appeals not otherwise allowed by law. To request this material In accessible format. sign language in1flrproters, information on acc!l$ for persons with disabilities and/or any accommodation to review any document or participate in aoy City-sponsored proceeding, please contact us five ~ays in advance at 305-673-741 l(voice) orITY users may also call the Florida Relay Service at 711. Ad#856 614 THIS PAGE INTENTIONALLY LEFT BLANK 615 ----------- 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 Oraanizational Units." Key Intended Outcome Supported: Maximize efficient delivery of services; strengthen internal controls Item Summary/Recommendation: SECOND READING 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 proposed ordinance was passed on first reading during the January 15, 2014 City Commission meeting. The Administration recommends adopting the proposed ordinance on second reading at the February 12, 2014 City Commission meeting. Advisory Board Recommendation: NIA 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 Si n-Offs: Department Director Assistant City Manager City Manager Kathie G. Brooks ents and Offices\Code Change Summary doc 2nd C9 MIAMI BEACH 616 AGENDA ITE DATE ' <9 MIAMI BEACH City of Miami Beach, 1700 Convention Ceriter Drive, Miami Beach, Florido 33139, www.miomibeochfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Members f the City ti= Jimmy L. Morales, City Manager February 12, 2014 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". SECOND READING ADMINISTRATION 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. The City Commission approved the proposed ordinance on first reading at the January 15, 2014 City Commission meeting. The Administration recommends adopting the ordinance on second reading at the February 12, 2014 City Commission meeting. 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. 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. 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, and am 617 City Commission Memorandum -Amending Section 2-191 February 12, 2014 Page 2 of 2 recommending the creation of the Office of Housing and Community Development to be directed by Maria Ruiz. CONCLUSION The Administration recommends adopting the ordinance at the February 12, 2014 City Commission meeting. JLMIK!C-T/~~ T:\AGENDA\2014\February\Amendment to City Code -Departments and Offices\Memo departments and offices code amendment 2nd Reading.docx 618 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. 1 619 (e) Human resources department. (f) Building services department. (1) Building division. (g) Development, design and historic preservation department. (1) Eeonomic and comr:nunity development division. (2) Planning, design and historic preservation division. (h) Reereation, culture and p.E,arks and recreation department. (1) Administration division. (2) Beach patrol division. (3) Parks r:naintenance division. (4) Recreation division. (5) Landscape maintenance division. (i) Parking department. (1) Administration division. (2) On street parl<ing division. (3) Off street parking division. (j) Fire department. (1) Suppression division. (2) Rescue division. (3) Support services division. (4) Pre',•ention 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. (I) Central services division. (2) Computers and communications division. (3) Fleet management division. (4) Property management division. (5) Procurement division. (6) Construction management division. (m) Public works department. (I) Administration di•..-ision. (2) Engineering division. (3) Streets and streetlight division. (4) Sewer division. (5) StormiNater division. (6) VVater division. (7) Construction and financial management division. (8) Environmental resources management division. (n) Code compliance department. (o) Convention center department. (p) Bass Museur:n 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. 2 620 .. (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 Clty Commission of the City of Miami Beach, Florida, this day of , 2014. ATIEST: Rafael E. Granado City Clerk 3 621 Philip Levine Mayor APPROVED AS TO fORAA 81 LANGUAGE & FOR EXECU f!ON ~1'$1:-CifyAttome 1/8/;t Dote 16NE I THURSDAY, JANUARY 30, 2014 NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS MiamiHerald.com I MIAMI HERALD NOTICE IS HEREBY given that the !allowing public heatings will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floer, City Hall, 1700 ConventiOn Center Drive, Miami Beach, Florida, on Wednesday, February 12, 2014: 10:10 a.m. -Single Family Development Regulations I An Ordinance Amending The Land Deve!opment Regulations Of The Code DI 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 Construe1ion. By Rcpl<icing The , Sir.gle-Family Residential Review Panel, By Clari~Jing And Amending The Standards And Procures For Reviewing New Construction And Additions In Single Family Districts, Including Modifications To Loi Coverage, Unit Size And Overall Height, By Clarrfying The Below Flood Level Construction Requirements Far Affected .Properties In High Flood Zones, And By Clarifying Setback And Lat Coverage Requirements. lnqwrfes may be directed to tile Planning Depar'Jlient at 305-673-7550. 10:25 a.m. -ArcMecturally Significirnt Single Family Home Retention Incentives I An Ordinance Amending The Land Development Regulations 01 The Cade OIThe City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regu!aMns," Article II. "District Regulations," Di•1i~on 2, "Single-Family Residential Districts," By Revising The Standards And Review Requirements For New C-Onstruction. Additions And Modifications To Properties That Contain An Architecturally Significant Single family Home Not Localed Within A Designated Historic District Inquiries may be directed lo the Planning Department al 305-673-1550. 10:40 a.m.-Alton Road H1sto11c Distrie1 Buffer Overlay I Ordinance.~mending The Code Of The City Of Miami B€ach, florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overla~ Districts." Creating Division 8 ''Alton Road -Historic District Buffer Overlay,' By Including Section 142-858 "Location And Purpose," And Section 142-859 "Development Regula11ons," Including Among other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; DemolitiOn Or Adllilions To Contributing Buijdings In An Historic District; And Land Use RegulatiOns Far Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess 0110,000 Sq Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance. /nqumes may be directed to the Planning Department at 305-673·1550. 10;55 a.m. -Mechanical Parking Syslsms I Ordinance Amending The Land Development Regulations OfThe City Code By Amending Chapter 130 "Off-Street Parking." Article II "Districts, Requirements," Section 130-38, "Mechanical And Roootic Parking Systems," By Modifying The Requirements Rlr Mechanical Parking Devices And Robotic Parking Systems Inquiries may IJe directed to the Planning Department at 305-673-1550. 11:05 a.m. -Talmudic University-RM-2 Heights I Ordinance Amending The Land Development Regulations Dflhe Co~e OfThe City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Art'cle II, "District Regulations," Subdivision I\( "RM·2-Residential Multifamily, Medium Intensity," Section 142-217, "Area Requirements," To Modify The Requirements For Maximum Building HeightAnd Maximum Number Of Stor;es Wrthin The AM-2 District Along Alton Road Between Arthur Godtrey Road And West 34th Street Inquiries may be directed to the Planning Department at 305-673-1550. 11:15 a.m. -Ordinance Amending The Code 01ne City Of Miami Beach, By Amending Chapter 54, Entitled "Flocds," By Amending Article II, Entitled "Floodplain Management," By Amending Division 1, Entitled "Generally," Ry Amending Section 54,35, Entitled "Definitions" By Amending The Definttion Of "SullStantial Improvement" To Apply To lmproveme11ts Taking Place During A One Year Period Instead Of Ouring A five Year Period. Inquiries may be directed to the Building Department at 305-673-7610. 11:25 a.m. -Ordinance Amending Chapter 2 OiThe City Cude, Entitled "Admir1islrati@," By Amending Article Ill, Entitled "A~encies, Boards And Committees" Ta Streamline The City's Boards By Expanding The PowErs, nutiBs An<l/Or Member>hip Of Cer!ain A~er.cies. Boards And Ccmmittees And Abolishing Tho:ie That Are Superseded By The Enhanced Agencies, Boards, And Committees. Inquiries may be directed ta the City Attorney's Office ~t 305-573-7470. 11:35 a.m. -No Wake Zana Ordinance/Ordinance Amending The Code O! The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles," By Amending Article II, Entitled "Restrir,ted Wake Zones," By Amendina Section 66-43, Entitled ·'Resirir-ted Amas," By Amend.ng Subsection C Thereof Regarding The Slow Speed, Minimum Wake Zone Sy Amending The Boundaries Thereof And Amending .A,ea C On v.r.e Appendix Thereto. Inquiries may be directed to tho City Al!omey'S Office a! 305~573-7410 V 11:45 a.m. -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 Orgarn<at1onal Untts," fly Creat;ng The Ofttce Of Ccmmurncatiuns, Office 01 Budget And Performance Improvement, lnformat1on Technology Department, Procurement Department, Tourism, Cutt~re And Economic Development Department, Planning Department, Office Of Housing AM Community Development, And Office Of Ca;iital lmprov~ment Projects; Eliminating The Divisions Under Offices And Oepartmenlo; And Further Providing Amendments To The Names 01 Certain Departments And Offices. Inquiries may be directed to lhe Human Resources Department at 305-673-7524. 11:55 a.m. -MBERP For GSAF _, Ordirance Implementing Provisions Of Tre 2012-2015 Collecti'e llsrgaining Agreement Between The City And The Government Super•1isors Association Of Florida, OPEIU, Local 100 (GSAFJ; Amending The Miami Beach Eriployees' Retirement Pia~ Created By Ordirar.ce 2006-3504, Arnendin~ Section 2.26 Of The Plan By fatending The Deterred Retirement Option Plan (DROP) Program From Three (31 To Five (5) Years For Elig'ble Members: Amending Section ~ 13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Pion Fe<Hures; Amending Section 4.03 By Eliminating Tlie Purchase Of Additional Creditable Service For Certain Mc'llbe:s· Amending Section 6.03 Requi;ing The City To Conbbute At Least The Mormal Gust Ta PEns:on Ear.h Year Requiring An faperience Study At Least Every Three i,3:, Yems And Requ1rw.g Five (5), Ten \10) And Twenty 1201 Year Projections Of Required Pensior. Cnn<ri:Jutions As Part 01 The A~nual AC1uarial Valuation. lnqui:ies may be direrted to the Hunwn Resourr::es Department at 305-673-7524 Dr. Stanley Sutnick Cilizeil's forum -Pursuant to Resolution No. 2013-28440, the times fer the Dr. Stan!ey Sumick Ctti1en's forum have been changed to 8:30 am. and 1 :OD p.m., or as soon· as possible toereMter Appruximate!y thirty mir,cit;;s 'Nil: be;,; located to each se>sicn, with indivicuals bei:1g iiml;ed to no nwe than lt1ree m;nutes or for a period establis~ed by the Mayor. No appointment or advance rot1ficatar is ncecec ir, rnJer to speaK to the Co1rnrnssion during this Forum. i~JTEREST'OD FAR71ES ~,~e invir.ed tJ apDEar at this mee\ing, or be re~resentad by <-r, agEnl. or to express their views in writing addressed to the Cily Gem mission, c/o the City Clerk. 1700 Ccnvent;uo Ce~tgr Drive, 1'' Floor. '~rly Ha!:, ~.11ar::i Bd"c~. Flcrid" 33138. Copies of tiles~ itecns are availablD fiJi p·J~lic irspecticn d:mng normal business liours in the Ci!y Clerk's Oftice, 170U Convention Center Drive, 1' Floor, Cit/ Hall, M12n•i 8e11ch. Florida 33139. Tl11s rneet;ng, or nny item herein. may be co111111ued, and 11nder such cirwmstances, adJit1onal legal notice need not be provideu. Rafael E. Granado. City Cleek Crty o1 Miami Beach Pursuant to Sectio;i 286.0105, F:a. S;at., llie City lwrnby ac~ises the public that: if a persori decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such persc.n rr.ust ensure \~at a ve'bat:m record of the proceedings is rr.ade, which record ircludes liie testimony and evidence upon which the appeal is to he based. Tuis notice does not constitute corisent by tne City for !he introduction or admiss:on of otherwise i~adrnissible or irrelevant evidence, nor does it authorize challenges or appeals nut otherwise allowed by law. To request this rna1eri"I in accessible fmmat, sign language interpreters. information 011 access far parsons with disabilities and/or any a~coll'modalion to review any document or participate in any City-sponsored proce~d111g, pi ease contact us five days 1n acvance at 305-673-7411 \Voice; or TTY users may also call the flurida Relay Service at 711. 4.d #855 622 THIS PAGE INTENTIONALLY LEFT BLANK 623 COMMISSION 11 t:M SUMMARY Condensea Title: An ordinance amending Ordinance 2006-3504, Miami Beach Employees' Retirement Plan (MBERP) for the Government Supervisors Association of Florida, OPEIU, Local 100 (GSAF) bargaining unit, amending the plan by extending the deferred retirement option plan DROP ro ram; eliminatin the urchase of rior creditable service; and incor oratin the ado ted ension olicies and uidelines. Key Intended Outcome SUDDorted: Attract and maintain a workforce of excellence Supporting Data (Surveys, Environmental Scan, etc.) NIA Item Summary/Recommendation: SECOND READING Currently, there is a three year DROP for Tier A and Tier B GSAF/MBERP 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 (BAC). These policies were incorporated in the Fire and Police Pension Plan ordinance adopted on September 30, 2013, and have been incorporated in the proposed MBERP ordinance. The City Commission passed the ordinance on first reading at the January 15, 2014 City Commission meeting. 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 adopting the ordinance. Adviso Board Recommendation: Financial Information: Source of Amount Funds: 1 FY2012/13 $0 D 2 FY2013/14 $0 3 FY2014/15 ($30,368) OBPI Total ($30,368) Reduction to the City's ARC to MBERP represented by $43,041 in pension savings due to DROP extension; and savings of $21,660 due to the elimination of the urchase of rior service. Savin s are offset b $34,333 in sala costs. 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 ear combined im act of these items is a savin s of $132,357. Sylvia Crespo-Tabak, Human Resources Director Ci tv\IAJ\1\1 BEACH 624 A GI I! N DA IT IEM ---..r-R....,S"r="'":r-.,..,...,....... DATIE z-rz.-l'f (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SECOND READING SUBJECT: AN ORDINANCE OF THE MAYOR ND 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 adopting the ordinance on second reading. 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 incumbents in all salary groups except employees covered by the AFSCME collective bargaining agreement, which expired April 30, 2013, as the provision sunset. 625 Commission Memorandum February 12, 2014 MBERP Pension Ordinance GSAF Second Reading Page 2 of? 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 B 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, 2010). The annual savings attributed to the changes for future employees beginning in FY 2011/12 was approximately $900,000 (1.92 percent of payroll) in savings toward the City's ARC. GRS estimated that the City would realize an additional annual reduction of seven-tenths percent per year of payroll applied as a reduction 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 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. 626 Commission Memorandum February 12, 2014 MBERP Pension Ordinance GSAF Second Reading Page 3 of7 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-2010 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-2010 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 five years by submitting an irrevocable amended election form provided by the Board, within thirty calendar days from the effective date of the ordinance. 627 Commission Memorandum February 12, 2014 MBERP Pension Ordinance GSAF Second Reading Page 4 of 7 Based on the actuarial impact statement provided by GRS (Attachment 1 ), the total estimated impact from extending the DROP period for all GSAF pre-2010 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 UML 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 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 628 Commission Memorandum February 12, 2014 MBERP Pension Ordinance GSAF Second Reading Page 5 of? 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 2013114 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 1 O 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. 629 Commission Memorandum February 12, 2014 MBERP Pension Ordinance GSAF Second 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. 630 Commission Memorandum February 12, 2014 MBERP Pension Ordinance GSAF Second Reading Page 7 of? The estimated five year impact of these proposed pension changes is a savings of $132,357, as shown below. FY 2013/14 FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 TOTAL Estimated Impact on ARC From $0 ($43,041) ($43,041) ($43,041) ($43,041) ($172, 164) Extension of DROP Salary Impact From $0 $34,333 $104,977 $93,870 $23,227 $256,407 Extension of DROP Estimated Impact on ARC From $0 {$21,660) ($43,320) {$64,980) ($86,640) ($216,600) Elimination of Two- Year Buyback TOTAL $0 ($30,368) $18,616 ($14,151) ($106,454) ($132,357) COST/(SAVINGS) The Administration recommends amending Ordinance No. 2006-3504, the Miami Beach Employees' Retirement Plan by extending the DROP for pre-2010 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. The City Commission passed the ordinance on first reading during the January 15, 2014 City Commission meeting. Based on the foregoing, the Administration recommends the City Commission adopt the ordinance on second reading. JLM/K&sc~Q T:\AGENDA\2014\February\GSAF MBERP\GSAF 2012-2015 MBERP Pension DROP and Buyback Memo 2nd Reading.docx 631 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~ .(fil 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 632 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 eligible to participate in the DROP. 2. A Member's election to participate in the DROP shall be irrevocable. A Member may participate in the DROP only once. 3. An eligible Member may participate in the DROP for a maximum of thirty-six (36} months. 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. 1..Ql 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 2 633 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 servlce 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 3 634 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 4 635 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: ffil 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. 5 636 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: 6 637 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 (10%) 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. 7 638 (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 credltable 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 8 639 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 9 640 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 10 641 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. ln 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 11 642 collective bargaining agreement applying the provisions of this section 4.04 to Employees within classlfications 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 City "normal cost" of the Plan. The net City "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 12 643 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 City. 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 justify any 13 644 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 & L4.NGUAGE & FOR fJ<ECUffON 1/g/;f Date T:\AGENDA\2014Uanuary\GSAF MBERPIGSAF 2012-2015 MBERP DROP and Buyback Ordinance 1st reading.docx 14 645 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 SOS Ft. Lauderdale, FL 33301-1804 954.527.1616 phone 954.525.0083 fax www.gabrielroeder.com Re: Actuarial Impact Statement for Proposed Changes to the Miami Beach Employees' Retirement Plan Dear Carla: As requested, we have prepared the enclosed Actuarial Impact Statement showing the financial effect of the following proposed changes to the Miami Beach General Employees' Retirement System for members participaring in the GSAF bargaining unit: 1. 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 except for members who are participating in the AFSCME or GSAF bargainiag units, and the effect of these changes are shown in our September 6., 2013 Actuarial lmpael Statement (also referred to as the "Baseline" in this report). The enclosed figures reflect the additional effect of applying the above changes to members participating in the GSAF bargaining unit. The Statement must be filed with the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. With regard to item 2 above, the employer portion of the cost for members to purchase service is not prefunded. Therefore, eliminating the service purchase provision will not have an immediate financial effect on the Plan. When we prepare our annual valuation, any increases to the liability due to service purchased during the previous year are reflected in the net gain/loss for the year, which is amortized over 30 years. The ultimate cost of the current service purchase provision is measured by the difference between the full actuarial cost of the service purchased and the amount that members currently pay to purchase service (i.e., 10% of pay for each year purchased). As an example, the full actuarial cost to purchase the maximum of2 years of service for a member who is currently age 45 with I 0 years of credited service and an annual salary of $60,000 is approximately $38,000. Under the current provisions. the member pays $12,000. The difference of $26.000 is funded by additional City contributions over time. In this example, the effect on the annual required contribution due to the service purchase is an increase of about $2,300 for the first year. This assumes that all of our actuarial assumptions as described in the October I. 2012 Actuarial Valuation Report are met each year. The impact on the total gain/loss varies each year depending on the demographics and the specific benefit 646 Ms. Carla Gomez October 7, 2013 Page 2 provisions that apply to members who purchased service. Eliminating the service purchase provision will mean that any losses due to service purchases will not occur in future years. Please note, however, that there will likely be losses due to service purchases in fiscal year ending September 30, 2013 that will be reflected in the October I. 2013 Actuarial Valuation, since elimination of the service purchase provision will 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% of total covered payroll (0.02% of Tier A and B member covered payroll). The reduction of 0.02% 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 permission and is intended for use by the City and the Retirement Plan, and those designated or approved by them. This report may be provided to parties other than the City and Retirement Plan only in its entirety and only with their pennission. This report is intended to describe the financial effect of the proposed plan changes. No statement in this report is intended to be interpreted as a recommendation in favor of the changes, or in opposition to them. This report should not be relied on for any purpose other than the purpose described above. The calculations in this report are based upon 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 647 Ms. Carla Gomez October 7, 2013 Page 3 bargaining unit infonnation provided by the City related to this study. We reviewed this infonnation for internal and year-to-year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the infonnation provided by the Plan Administrator or the City. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this repo11. 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 impo11ant 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 infonnation 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, :foLhMa R. QD~ Melissa R. Algayer, MAAA: C Enrolled Actuary No. 11-06467 Copy: Rick Rivera Enclosures Gabriel Roeder Smith & Company 648 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 Beine Considered for Change Present Plan Provisions before Change All Members except AFSCME and GSAF Members: • Members hired before October l, 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 nonnal 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 0% of the annual rate of compensation multiplied by the number of years purchased. 649 2 Proposed Plan Changes The following changes would apply to all members except AFSCME Members: • Members hired before October I, 2010 (i.e., Tier A and Tier 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.S% 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 S years for members currently participating in the DROP and not members of the AFSCME bargaining unit. Al I other assumptions and methods are the same as shown in the October 1, 2012 Actuarial Valuation Report. Some of the key assumptions/methods are: Investment return -8.0% per year Salary increase -4.5% to 7.0% depending on service Cost Method -Entry Age Normal Cost Method Amortization Period for Any Change in Actuarial Accrued Liability 30 years. Summary of Data Used in Report Same as data used in October I, 2012 Actuarial Valuation Report. Actuarial Impact or 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°/o 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. 650 Special Risks Involved With the Proposal Tb.at 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. 651 3 4 CITY OF MIAMI BEACH EMPWYEES' RETIREMENT PLAN Impact Statement -October 7, 2013 Description of Amendment The proposed ordinance incorporates the following plan changes and would apply to all active members participating in the GSAF bargaining unit and GSAF members participating in the Deferred Retirement Option Program (DROP): 1. 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 refle.ct the additional effect of applying the above changes to members participating in the GSAF bargaining unit. Funding Implications of Amendment See attachments. Certir~ation of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. for the Board of Trustees as Plan Administrator 652 5 ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October I, 2012 October I, 2012 Increase/ Baseline• Ex.lend DROP from (Decrease) Three to Five Years B. ARC to Be Paid During Fiscal Year Ending 9/30/2014 9/3012014 c. Assumed Date of Employer Contrib. 10/1/2013 10/1/2013 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 16,788,153 $ 16,760,395 $ (27,758) E. Employer Nonna! Cost 6,917,430 6,905,335 (12,095) F. ARC if Paid on the Valuation Date: D+E 23,705,583 23,665,730 (39,853) G. ARC Adjusted for Frequency of Payments 25,602,030 25,558,989 (43,041) H. ARC as % of Covered Payroll -Non-DROP Payroll 39.36 % 39.29 % (0.07) % -Total Payroll 36.69 % 36.63 % (0.06) % I. Covered Payroll for Contribution Year -Non-DROP Payroll 65,053,945 65,053,945 - ·Total Payroll 69,782,689 69,782,689 - • From September 6, 2013 Actuarial Impact Statement. 653 6 ACnJARIAL VALUE OF BENmTS AND ASSETS A. Valuation Date October I, 2012 October l, 2012 Increase/ Baseline* Extend DROP from (Decrease) Three lo Five Years B. Actuarial Present Value of All Projected Benef Its for I. Active Members a. Service Retirement Benefis $ 260, 184, 135 $ 259, 785,430 $ (398, 705) b. Vesting Benefits 31,967,178 31,967, I 78 - c. Disability Benefits 7,271,899 7,271,899 - d. Preretirement Death Benefits 3,953,764 3,953,764 - e. Return of Member Contributions 63lz843 631,843 - f. Total 304,008,819 303,6IO,114 (398,705) 2. Inactive Members a. Service Retirees & Beneficiaries 407,869,328 407,835,275 (34,053) b. Disability Retirees 12,377,127 12,377, 127 - c. Terminated Vested Members I lz480 1 l 15 1124801115 . 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 (02 + C) 66.6 % 66.7 % 0.1 % G. Actuarial Present Value of Projected Covered Payroll 543,825,043 543,825,043 . H. Actuarial Present Value of Projected Member Contributions 51,791,078 51,791,078 - * From September 6, 20 I 3 Actuarial Impact Statement. 654 7 CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October I, 2012 October I , 2012 Increase/ Baseline* Extend DROP from (Decrease) Three lo Five Years B. Normal 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 2252573 - 6. Total for Future Benefits 12,727,605 12,715,510 ( 12,095) 7. Assumed Amount for Administrative Expenses 694,180 694,180 - 8. Total Normal Cost 13,421,785 13,409,690 (12,095) % of Covered Payroll -Non-DROP Payroll 20.63 % 20.61 % (0.02) % -Total Payroll 19.23 o/o 19.22 % (0.0 I) o/o c. Expected Member Contribution 6,504,355 6,504,355 - % of Covered Payroll -Non-DROP Payroll I0.00% 10.00 % 0.00 % -Total Payroll 9.32 % 9.32 o/o 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 o/o 9.90 o/o (0.01) % • From September 6, 2013 Actuarial Impact Statement. 655 8 PARTICIPANT DATA October I, 2012 October I, 2012 Baseline• Extend DROP from Three lo Five Years ACTIVE MEMBERS Number (Non-DROP) 1,049 1,049 Covered Annual Non-DROP Payroll $ 65,053,945 $ 65,053,945 Average Annual Non-DROP Pay $ 62,015 $ 62,015 Total Covered Annual Payroll $ 69,782,689 69,782,689 Average Annual Pay $ 63,209 63,209 Average Age 45.1 45.1 Average Past Service 9.8 9.8 Average Age at Hire 35.3 35.3 DROP PARTICIPANTS Number SS S5 Annual Benefits $ 2,994,703 2,994, 703 Average Annual Benefit $ 54,449 54,449 Average Age 59.3 59.3 RETIREES & BENEFICIARIES Number 1,002 1,002 Annual Benefits $ 33,085,394 $ 33,085,394 Average Annual Benefit $ 33,019 $ 33,019 Average Age 71.1 71.1 DISABILl1Y RETIREES Number 43 43 Annual Benefits $ 1,117,160 $ 1,117, 160 Averab>e Annual Benefit $ 25,980 $ 25,980 Average Age. 6S.6 65.6 TERM I NA TED VESTED MEMBERS Number 63 63 Annual Benefits $ 1,343,444 $ 1,343,444 Average Annual Benefit $ 21,325 $ 21,325 Average Age 45.9 45.9 • From September 6, 2013 Actuarial Impact Statement. 656 16NE I THURSDAY, JANUARY 30, 2014 NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS MiamiHerald.com I MIAMI HERALD NOTICE IS HEREBY given that tt1e following public hearings will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers. 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, February 12, 2014: 10:10 a.m. -Single Family Development Regulations I Ari Ordinance Amending The Land Development Regulations Of The Code DI 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 District>." By Amending The Criteria And Procedures For The Review And Approval Of Single-Family Residential Construction, By Replacing Tile -Single-Family Residential Review Panel, By Clari~/ing And Amending The Standards And Procures Fm Reviewing New Construction And Additions In Single Family Districts, Including Modifications To Lot Coverage, Unit Size ·And Overall Heigh!, By Clarifying lhe Below Flood Level Construction Requirements For Aflected .Pruperties In High Flood Zones, And By Clarifying Setback And Lot Coverage RequiremeMs. Inquiries may be directed to the Planning Deparlment at 305-673·7550. 10:25 a.m. -Archttecturally Significant Single Family Home Retention Incentives I An Ordinance Amending The Land Development Regulations 01The Code Of The City Of Miami Beach, By Amending Chapter 142, "Znning Districts And Regulations," Article II, "District RegLilations," Divi~on 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 Horne Not Localed Within A Designated Historic District Inquiries may be dirfJCted to the Planning Department at 305-573-7550. 10:40 a,m.-Alton Road Historic District Bulfer Overlay I Ordinance Amending The Code Of The City Of Miami Beach, Florida, By A~ending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Creating Division 8 "Allon 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 MBXimum Floor Area Ratio, Maximum Building Height; Minimum Setbac~s, Building Separation; Oemolit1on Or Additions To Contributing Bui.ld1ngs In An Historic District; And Land Use Regulations Fer Location Of Retail Uses, Rcstauranls. Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval DI 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. Inquiries may be direct~d to the Planning Department ~t 305-673-7550. 10:55 a.m. -Mechanical Par1Mg Systems I Ordinance Arnend1ng The Land Development Regulations Of The City Code By Amending Chapter 130 "Dff·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. Inquiries may be directed lo the Planning Depai1ment at 305-673-7550. 11:05 a.m. -Talmudic University -RM-2 Heights I Ordinance Amending The Land Development Regulations Oflhe Code OITt,e City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article 11, "District Regulations,' SLibdivision IV, "RM-2 -Resitlential Multifamily, Medium Intensity," Section 142-217, "Arna Requirements," To Modi!y The Requirements For Maximum Building Height And Maximum Number O! Stories Wrthin The RM·2 District Along Alton Road Between Arthur Godfrey Road And West 34th Street. Inquiries may be directed to file Planning Deparlment al 305-673-7550. 11:15 a.m. -Ordinanca Amending T~e Code Of The City 01 Miami Baach, By Amending Chapter 54, Entitled "Floods," By Amending Article 11, Entitled "Floodplain Mana£ement," By Amending Division 1, E11l:lled "Generali;·· By Amending Section 54-35, Entitled "Oeiinitlons" By Amending The Definttlon 01 "SuUStantilll Improvement" To Apply To lmprovemenls Taking Place During A One Year Period Instead 01 During A Five Year Per1od. Inquiries llldY be directed lo the Building Deparlmerrt at 305-673-7610. 11:25 a.m. -Ordinance Ar;iending Chapter 2 OiThe City Code, Entitled "Administration; By Amending Article Ill, Ent:tled "Agencies, Boards And Committe~' To Streamline The Cit{s Boards By Expanding The Powers. Duti•s And/Of Membership Of Certain Agencies, Boards And Committees Ano Abolishing Those Tliat Are Superseded By The Enhanced Agencies, Boards, And Committe~. Inquiries may be directed to the City Attorney's Office at 305-673-7470. 11:35 a.m. -No Wake Zone Ordinance/Ordinance Amending The Coce O!The City 01 Miami Beach, By Amending Chapter 66, Entitled "Marine structures, Facilities And Vehicles," By Amending Article II, Enttfed 'Res;r;ctAd Wake Zones," By Amending Section 66-43, Entitled "Restricted keas," By Amending Suosection C Thereof Regarding The Slow Speed, Minimum Wake Zone By Amending The Boundaries Thereof And Amending Area C On The l\ppe~dix Thereto Inquiries may be directed to the City A~orney's Office al 305-673-7 470. 11:45 a.m. -Ordinance Amending Chapter 2 01 The Miami Beach City Gode Entitled "Administration," By Amending Article IV Entitled "Officers And Employees," By Amending Section 2·191 Erlalled "Enumeration DI Organiza;ianal Uritts," lly Creating The Office 01 Communications, Office Of BLidgetAno Periormance Improvement, lnformal1on Technology Department, Procurement Department Tounsm, Gullure And Economic Developmenl Department P:anning Department, Office Of Housing And Community Development, And Office O'. Ca~ital Improvement Projects; Eliminating The Divisions Under Offices And Departments; And Further Providing Amendments 1 he Names Of Certain Deoar1ments And Offices. Inquiries may be dimcled to Ifie Human Resources Oeparlment al 305-573-7524. 11 :55 a.m. -MBERP Far GS1\F ! Ordinance Implementing Provisions 01 Ti'e 2012-2015 Collective Bac~aining 4greement Between The City And The Government SLipervisors Association Of Florida, OP£1U, Local 1 UO (GSAFi; Amending Tl1e Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504; Amending Section 2.26 DI The Plan By Exiend1ng The Deterred Retirement Option Plan (DROP) Program From Three (3) To Five (5) Years For Eligible Members, Amer.~1r1g Section 513 To Reflect Amended El1g<bility And ParticipaMn Requirn1nents And Amended CROP Plan Features; Amending Section 4.03 By Eliminating The Purchase Of Add:tion~I Creditable Service For Certain Members Amending Section 6.03 Requirirg The Cit1 To Contribute At Least The Normal Cost To Pension Each Year, Reaulring An Exper'er.ce Study At Least Every Three (3) Years And Requmng Five (5), Ten (1 O) And Twenty i.20) Year Pmjer,tions Of Roqwed Pension Con:ributions As Part O!Ti1e Annual Actuarial Valt:alion. lnquilies may be directea to file Human Resources Department at 305·673-7524. Dr. Stanley Sutnick Citi:ien's Forum -Pursuant to Resolution No. 2013-28440, the times fer the Dr. Star.ley Su:nick Citi1en's Forum have b~n changed to 8 30 a.m and 1 00 p.m., or as soon as possible thereMter Approximately lhirty mimJtes wili ~e ai'ocatcd to aad1 session, wiih individuals being limited to no more than three minutes or !or a period established by the Mayor. No appointment or advance nctilication is needed 1n order ta speai<. to the Comn11S:;io11 during this Forum. iNTERESTED PARTIES <ice inv1teli t~ apE<ir at th's meN'ng, or be rEpre>Erotee by "·n agent er to ex8rcss \heir views in wrting adclressed to the C!ty Commission, c/o :he City ClerK, 1700 Convention Center Dr:vE. 1" 'lox Ci'.y Hal,, )1liou::i Bea~~. f'lorid8 33139 Copies at ltrnse ite'11B are av,it2ble fur public i1'spec:icn dm1ng normal business l1ours in the City Glerk's Office, 1700 Gonvent:on Center Drive 1" Floor, ~1ty Hall, M1rn11: Beach, florid~ 33139. This mcct1rg, ur rn1y item herein, may be cont:nued, and uncer such circuPJstances, additional legal notice need not be provided. Rafael E. Granaoo, City Cierk City o! Miami Beach Pursuant tc Sectic11 286 C105 Fa. S'at, tl1c City hereby acvises Ihe puhlic that: if a persrn1 decides to appeal anv decision made by ll1e City Commission with respect to any ma\ter considered at its mee~ng or its hearing, such perscn must ensure that a verbatim rewr.J ol the ;irocccdings is made, which record includes tlrn testimony and evidence upon which U1e appeal is to be based. This notice does not constitute (:onsent by the City tor the intrnduclion or admission of otherwise ir1admissible or irrn!evant evidence, 11or does ii authorize chJllenges or appeals not otherwise allowed by law. To request l!1is material in access'ble format, sign language interpreters. informntion on access !or persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact LIS live days in advance a1 305-673-7 411 (voice) or m Lisers may also call the Florida Relay Service at 711. l\d #855 657 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 PLtSLlC loll;ARIN& 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 March 5, 2014. 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-Francois Lejeune Opposed). Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: j Thomas Mooney Si n-Offs: Department Director T:\AGENDA\2014\February\RM-2 Hotel Offices -SUM 1st Read.docx MIAMI BEACH 658 City Manager \ AGENDA ITEM ~R~S~K __ DATE ~~/2-/'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 o the C:~ission Jimmy L. Morales, City Manager > FROM: DATE: February 12, 2014 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 March 5, 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, Townhomes, Apartments, Apartment-hotels and Hotels. The referral from the City Commission and the LUDC recommends that the permitted uses in the RM-2 district be 659 Commission Memorandum Ordinance: RM-2 Hotel Offices February 12, 2014 Page 2 of 2 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; 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. 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-Francois 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. SUMMARY The subject Ordinance was considered and approved by the City Commission on January 15, 2014; Second Reading was scheduled for March 5, 2014, in order to meet the 30 day notice requirement. However, subsequent to the initial action by the Commission on January 15, 2014, it was discovered that the minimum notice requirements for First Reading had not been met. Therefore, the Administration has re- noticed the matter and placed the item back on the agenda for a new First Reading. 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 March 5, 2014. JLjjfTRM T:\AGENDA\2014\February\RM-2 Hotel Offices -MEM 2nd Read.docx 660 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; a00 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. 1 661 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 First Reading: Second Reading: February 12, 2014 March 5, 2014 Verified By: ------------ Thomas R. Mooney, AICP Acting Planning Director Underline = new language Strikethrough = deleted language T:\AGENDA\2014\February\RM-2 Hotel Offices -ORD 2nd Read.docx 2 662 MAYOR APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION MIAMI HEllALD I Mi<lmiHerald.com NF THURSOAY, JANUARY .lO, 21Jl4 I 17HE CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN 1hat a firs1 reading/public hearing will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chambers, 3"' FloOI', City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. on Wednesday, February 12, 2014 to consider: 5:05 P.M. File No. 2144. 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 I! "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 Effeciive Date. Inquiries may be directed to the Planning Department at 305-673-7550. The RM-2 zoned properties that may be impacted by the proposed Ordinance are shown on the Map. All interested parties are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o City Clerk, 1700 Convention Center Drive, City Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available in the Planning Department This meeting or this item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Florida Statutes §266.0105, the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record must include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at 305-673-7411(voice) or TfY users may also call the Florida Relay Service at 711 . Rafael E. Granado, City Clerk Ad858 MIAMI BEACH 663 COMMISSION ITEM SUMMARY Condensed Title: First Reading of an Amendment to Building Department Fee Ordinance, Chapter 14 "Building Regulations", Article II "Construction Standards", Division 2, "Permit Fees, Section 14-61 through 14- 71 of the City Code. Key Intended Outcome Supported: Increase 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 requlate development is "about the riqht amount." Item Summary/Recommendation: FIRST READING The Building Department is proposing amendments to Chapter 14 "Building Regulations", Article II "Construction Standards", Division 2, "Permit Fees", Sections 14-61 through 14-71 of the City Code. The following is a brief summary of the changes proposed. Customers will pay a flat fee for individual expedited plans review, and a new express plan review service will be available for entire projects. Fees will be administratively adjusted annually to reflect the Consumer Price Index for the Southeast United States. The re-evaluation of fees where the permit costs exceed 10% of the job value is eliminated as ii is no longer required due to the new method of fee calculation. • Fees for Phased Permits are established. • A discount of 25% or 12.5% is provided for projects that utilize private providers based on the level of utilization of City services. Time limitations and other standards are clarified and established for requesting refunds from the Building Department. Fees and procedures for obtaining Certificates of Occupancy, Completion and Use are established. • Processes and Fees are darified and established for obtaining Annual Facility Permits. • Various "stand-alone" fees in "Appendix A" are rounded either up or down to simplify calculations. • Commercial Permit fees for all Building, Mechanical, Electrical and Plumbing permits for which the cost of construction is $30,000,000 or less will be 2% of the cost of construction, and 1 % for any amount over $30,000,000 (emphasis added). Residential Permit Fees for all Building, Mechanical, Electrical and Plumbing Permits for which the cost of construction is $1,000,000 or less will be 1.8% of the cost of construction, plus 1% of the construction cost for any amount over $1,000,000 (emphasis added). 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. City Clerk's Office Legislative Tracking: [ Mariano Fernandez " \ / T:\AGENDA\2014\February12\BuilPermitFee0rdSum~tR~ad .docx_,. MIAMI BEACH 664 AGENDA ITEM RS"" L DATE Z-/).-/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 FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS," BY AMENDING DIVISION 2, ENTITLED "PERMIT FEES,11 BY AMENDING THE FOLLOWING SECTIONS THEREIN, TO WIT: SECTION 14-61, ENTITLED "PERMIT FEES, GENERALLY"; SECTION 14-62, ENTITLED "BUILDING PERMITS"; SECTION 14-63, ENTITLED "PLUMBING PERMITS"; SECTION 14-64, ENTITLED "ELECTRICAL PERMITS"; SECTION 14-65, ENTITLED "MECHANICAL PERMITS"; SECTION 14- 66, ENTITLED "ANNUAL FACILITY PERMIT"; SECTION 14-67, ENTITLED "FORTY-YEAR BUILDING RECERTIFICATION PROGRAM"; SECTION 14-68, ENTITLED "OCCUPANT CONTENT SIGN"; SECTION 14-70, ENTITLED "GENERAL INFORMATION"; SECTION 14-71, ENTITLED "TEMPORARY STRUCTURE"; TO PROVIDE FOR EXPRESS PERMITS, PHASE PERMITS, PRIVATE PROVIDER FEE DISCOUNTS, PERMIT FEE REDUCTIONS AND REFUNDS, AND TO PROVIDE FOR A MORE EFFICIENT, EFFECTIVE, AND TRANSPARENT WAY TO ASSESS FEES FOR BUILDING PERMIT SERVICES, AND BY AMENDING CORRESPONDING PORTIONS OF DIVISION 2 OF APPENDIX A OF THE CITY CODE, ENTITLED "PERMIT FEES," RELATING TO BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL WORK, AND OTHER BUILDING DEPARTMENT ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance. BACKGROUND On January 13, 2010, the City Commission adopted Ordinance No. 2012-2670, modifying permit and inspection fees for building, plumbing, electrical and mechanical work and for other Building Department activities. That ordinance went into effect on February 1, 2010. Among the many changes brought about at that time, the basic fee structure was changed to provide for fees based on the square footage and use of the project being permitted. Additional changes 665 City Commission Memorandum -Building Depattment Fee Ordinance Revision Page 2 of 3 were adopted by the City Commission in September 2011 and September 2012, as staff gained experience with the new fee system and adjusted for certain unintended inequities and issues that arose, as well as Consumer Price Index adjustments. During the past four years since implementation, the Building Department and City Administration have had ample opportunity to receive feedback regarding fees from homeowners, residents, design professionals, expediters, staff members and other customers who are involved in the development review process. Generally, the Department's customers complain that the fee ordinance is entirely too complicated, lacks transparency in the sense that it is difficult or impossible to accurately predict permitting costs in advance due to its complexities, and poses many challenges for Building Department staff. Many customers have also complained that the actual fees as a percentage of job values vary dramatically for certain types of permits, resulting in certain permit types (i.e. residential) bearing a disproportionate burden of costs. Additionally, both internal and external auditors have commented on the complexity of the current fee structure, and the difficulties and risks associated with deriving accurate and consistent fees. The proposed changes to the fee ordinance involve charging a flat rate of 1.8% of job values for residential permits, and 2.0% of job values for commercial projects. It is important to note that these rates represent the Building Department's best efforts at estimating the generation of sufficient fees to cover the Department's costs of operation (as required by law) based on information available to staff in Permits Plus, the City's current permitting technology. As with all changes to the method of calculating permit fees, it is likely that staff will need to adjust these rates in the future once the actual revenues generated are determined. Revenues will be monitored closely and staff will return to the City Commission with proposed rate adjustments as determined necessary. Additionally, the Planning, Public Works and Fire Departments, who also collect fees as part of the development review process, and have their own separate fee ordinances, are considering changing their ordinances as well and may come forward with proposed changes in the near future. The Building Department is proposing amendments to Chapter 14 "Building Regulations", Article II "Construction Standards'', Division 2, "Permit Fees", Sections 14-61 through 14-71 of the City Code. The following is a brief summary of the changes proposed. • Customers will pay a flat fee for individual expedited plans review, and a new express plan review service will be available for entire projects. • Fees will be administratively adjusted annually to reflect the Consumer Price Index for the Southeast United States. • The re-evaluation of fees where the permit costs exceed 10% of the job value is eliminated as it is no longer required due to the new method of fee calculation. • Fees for Phased Permits are established. • A discount of 25% or 12.5% is provided for projects that utilize private providers based on the level of utilization of City services. • Time limitations and other standards are clarified and established for requesting refunds from the Building Department. • Fees and procedures for obtaining Certificates of Occupancy, Completion and Use are established. • Processes and Fees are clarified and established for obtaining Annual Facility Permits. • Various "stand-alone" fees in "Appendix A" are rounded either up or down to simplify calculations. 666 City Commission Memorandum -Building Department Fee Ordinance Revision Page 3of 3 • Commercial Permit fees for all Building, Mechanical, Electrical and Plumbing permits for which the cost of construction is $30,000,000 or less will be 2% of the cost of construction, and 1 % for any amount over $30,000,000 (emphasis added). • Residential Permit Fees for all Building, Mechanical, Electrical and Plumbing Permits for which the cost of construction is $1,000,000 or less will be 1.8% of the cost of construction, plus 1 % of the construction cost for any amount over $1,000,000 (emphasis added). CONCLUSION The City Administration recommends that the Mayor and Commission adopt the Ordinance provided as Attachment A. ATTACHMENTS :.,/ttachment A: Proposed Ordinance JL~VF/SS T:IAGENDA\2014\February12\BldgFeeOrdAmdtMemo2-12-14.doc 667 ORDINANCE NO. __ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS,11 , BY AMENDING DIVISION 2, ENTITLED "PERMIT FEES," BY AMENDING THE FOLLOWING SECTIONS THEREIN, TO WIT: SECTION 14-61, ENTITLED "PERMIT FEES, GENERALLY"; SECTION 14-62, ENTITLED "BUILDING PERMITS"; SECTION 14-63, ENTITLED "PLUMBING PERMITS"; SECTION 14-64, ENTITLED "ELECTRICAL PERMITS"; SECTION 14-65, ENTITLED "MECHANICAL PERMITS"; SECTION 14-66, ENTITLED "ANNUAL FACILITY PERMIT"; SECTION 14-67, ENTITLED "FORTY-YEAR BUILDING RECERTIFICATION PROGRAM"; SECTION 14-68, ENTITLED "OCCUPANT CONTENT SIGN"; SECTION 14-70, ENTITLED "GENERAL INFORMATION"; SECTION 14-71, ENTITLED "TEMPORARY STRUCTURE"; TO PROVIDE FOR EXPRESS PERMITSJ PHASE PERMITS, PRIVATE PROVIDER FEE DISCOUNTS, PERMIT FEE REDUCTIONS AND REFUNDS, AND TO PROVIDE FOR A MORE EFFICIENT, EFFECTIVE, AND TRANSPARENT WAY TO ASSESS FEES FOR BUILDING PERMIT SERVICES, AND BY AMENDING CORRESPONDING PORTIONS OF DIVISION 2 OF APPENDIX A OF THE CITY CODE, ENTITLED "PERMIT FEES," RELATING TO BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL WORK, AND OTHER BUILDING DEPARTMENT ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010- 3670 ("Ordinance") which modified permit and inspection fees for Building, Plumbing, Electrical, and Mechanical Work, and for other Building Department activities; and WHEREAS, the Ordinance went into effect on February 1, 2010 and provided comprehensive amendments to the fee structure for the City's Building Department; and WHEREAS, the City Administration has worked with the new fee structure since its implementation, and the City Commission adopted additional changes in September 2011 and September 2012 as a result of concerns raised by the development community, as well as by staff, regarding the fee amounts and the complexity of the fee structure; and WHEREAS, the City Administration has reviewed the Building Department's fee structure and determined more efficient, effective, and transparent fees for these services would be accomplished with a fee structure similar to those that have been successfully implemented in other municipalities in Miami-Dade County; and WHEREAS, in an effort to align revenues to the incurred costs of the Building Department, the fee structure set forth in this Ordinance should be adopted; and 668 WHEREAS, the City Administration recommends that the City Commission approve the Building Department fees relative to the Building Development Process as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Chapter 14 "Building Regulations", Article II "Construction Standards", Division 2 "Permit Fees", Sections 14-61 through 14-71 of the City Code is hereby amended as follows with other existing sections being provided for reference purposes: Section 14-61. Permitfees, generally. (a) Levied. Permits, inspections and other fees of the building department of the city are hereby levied and imposed and shall apply to building, plumbing, electrical and mechanical permits and other activities undertaken by that department. (b) Double fees. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing systems before obtaining the building official's approval or the necessary permits shall be subject to a penalty of 100 percent of the required permit fee, in addition to the required permit fees, plus a penalty for the first, second and subsequent offenses as outlined in appendix A. (c) Reinspect/on fees. (1) With respect to inspections, if the city finds it necessary, in order to enforce compliance with the Florida Building Code, to conduct an inspection, after an initial inspection and one subsequent reinspection, of any project or activity for the same code violation specifically and continuously noted in each rejection, including but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, a fee of four times the cost of initial inspection or first reinspection, whichever is greater, for each subsequent reinspection shall be paid. The inspection cost is determined by multiplying the actual time spent by the inspector by the inspection fee hourly rate, as defined in subsection 14- 61 {g) and as specified in appendix A. (2) Payment of the reinspection fee shall be required before any subsequent permits will be issued to the person or entity owing same. Further inspections may be withheld until payment of reinspection fees has been made. (d) Lost plans fee. When permitted set of plans are lost by the applicants, owners, contractors, or any of their representatives, a recertification fee will be required to 2 669 reproduce, stamp and approve a new set of plans as a field copy. Such fee shall be based on a cost per page as specified in appendix A, plus an administrative processing fee as outlined in appendix A. (e) Revised plans processing fee. The charge for plans processing of revisions to a permitted set of plans shall be based on the plan reviewer's actual review time multiplied by the hourly rate as specified in appendix A, plus an administrative processing fee as outlined in appendix A. (f) Lost permit card fee. After a permit has been issued, if the permit inspection card has been lost, a replacement fee as specified in appendix A shall be charged. (g) Plans review and inspection fee hourly rate. The plans review and inspection fee hourly rate, as specified in appendix A, is determined at the beginning of each fiscal year based on the building department's approved overhead and indirect costs and the resources assigned to the plan review and inspection program. (h) Dedicated inspectors. Dedicated inspectors may be requested by the applicant to be assigned solely to their project for a specified number of hours per day. This request may be granted by the building official, at his/her sole discretion and judgment. If a request is granted, the building official will use city inspectors for this effort and secure a contractor to back-fill the regular duties of the city inspector. The applicant will, in addition to the regular permit and other applicable fees, reimburse the direct cost incurred by the city to pay for the services of the contractor who is back-filling for the city inspector. (i) Plans re-review fee. When extra plans reviews are due to the failure to correct code violations specifically and continuously noted in each rejection, including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, in compliance with F.S. § 553.80(2)(b), each time after the third such review that plans are rejected for the same code violation, a fee of four times the cost of the upfront fee of that permit. U) Expedited plans review and inspection fee. Upon request from the applicant, the department may schedule an expedited plans review or inspection, on an overtime basis by city staff. When such service is provided, the applicant will reimburse the city for the cost of the city employee(s} a fee as specified in appendix A shall be charged, in addition to the regular permit fee and other applicable fees. Express plan review service may be requested by the applicant with a cost plus fee incurred in addition to the regular permit fee and other applicable fees. 3 670 (k) Permits for work not identified in appendix A. If it is determined that no specific fee category directly matches a permit application request, the building official may identify a category that closely matches the level of effort or determine what the work will be charged at based on the time dedicated for plans review and inspection. The building official may require an upfront fee and a deposit to cover the estimated cost of the services to be provided. (I) City projects. The cost of enforcing the building code on city related projects will be reimbursed based on the actual time spent in the processing, review and inspection of such projects. The payment will be due prior to issuance of the certificate of occupancy or completion for the project. Effective October 1, 2011, for any active permit applied for on or after February 1, 2010, fees shall be based on the permit fee schedule in place at the time of the permit application submittal, and should be paid accordingly. (m) The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for Consumers in the Southeast United States for all items.:., 1:1nless otherwise directed by the city commission. Not-withstanding t-he preceding sentence, the rate ad11:1stments set to take plaee in Feer1:1ary 2011 and February 2012 shall be waived, finding sueh waiver to be in the best interest of the city and the public. (n) Electronic concurrent plan processing. In order to create a more efficient permitting process, the building department has established procedures to process plans electronically via a concurrent automated workflow. The department requests that applicants submit plans in an electronic format. If the applicant chooses to submit paper plans, the director, or his designee has the authority to invoice for reimbursement of the conversion of construction documents submitted to an electronic format. (o) The rates in Appendix A for permit fees pertaining to this chapter shall be reevaluated administratively no less than every three years from the last adopted changes. Any recommended changes shall be brought to the city commission for consideration and final approval. (p) If the permit fee (ineluding all city department permit fees, b1:1t not including any outside agency fees or surcharges referenced in section 14 69, 14 70, or 50 3(n) herein) calculated at time of permit application submittal is greater than ten percent of the value of construction as declared on the permit application, the permit fee will be reevaluated by the building official or his/her designee. HO!J.'ever, f:or those permit applications where the value of construction is less than $1,000.00 or the 4 671 permit fee is the minimum permit fee, no further evaluation shall be required and the fees calculated at the time of permit application shall stand. For those permits where there are no building department plan re>Jiews or inspections required, this responsibility shall be delegated to the department director in the i:equired review departments (such as, for example purposes only, fire, planning, p1c1blic works), or their respective designees. The permit application shall pay the up front processing fee, as outlined in the applicable sections in Chapters 14, 15, 50 and 98 of the City Code, while the permit fee is being ree>Jaluated. The reevaluation shall censist of the mspective city representative(s) using industry standard cost estimating resources (as determined by them in their sole and reasonable discretion) to determine the estimated construction value. Using that determined value, the permit fee shall not exceed ten percent or the minimum permit fee identified for that type of 'Nork, as outlined in appendix A, whichever is greater. If the determined construction value cannot be determined by the above indicated resources, the actual level of effort for plan review and inspection shall be calculated and charged, but shall not exceed the originally calculated fee at time of permit application. Retunes, if required, shall be given for any payment over a final permit fee and subject to the provisions in the applicable sections in chapters 14, 15, 50 ans 98 of the City Cose regarding permit fee refunds. Phase permits. The Building Official is authorized by the Florida Building Code to provide early start approval. The holder of such permit shall proceed at the holder's own risk with the building construction and without assurance that a permit for the entire structure will be granted. A fee as specified in appendix A shall be paid. (q) Private Provider Fee. When a property owner uses the services of a licensed private company for plan review and inspections services (Private Provider), the fee will be assessed as a regular building permit with a discount of 25% of the original building permit fee. If only the plan review or the inspections are done by the Private Provider, then the fee will be assessed as a regular building permit with a discount of 12.5% of the original building permit fee. Section 14-62. Building Permits. (a) Up-front processing fee. (1) When the building permit application is received, the applicant shall pay an "up front" processing fee as specified in appendix A. 5 672 (2) This processing fee is not refundable, but shall be credited toward the final building permit fee. The "up front" processing fee, after it is calculated, shall be rounded up to the nearest $5.00, with a minimum fee as specified in appendix A. (a) When the up front processing foe is larger than the final permit fee, not including surcharges, any overages shall be refunded in full, subject to the limitations in subsection 14 62(b). (b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to the schedule in appendix A, provided the same are for a permit required by Section 105.1 of the Florida Building Code, may be refunded by the building official subject to the following: (1) No refunds shall be_made on requests involving: a. Permit fees of $100.00 or less; or b. Permits revoked by the building official under authority granted by the Florida Building Code; or c. Permits cancelled by court order; or d. Permits which have expired; or e. Permits under which work has commenced as evidenced by any recorded inspection having been made by the department, unless the refund is due to an overcharge by the city. (2) A full refund shall be granted to a permit holder who takes out a permit covering work outside the jurisdictional inspection area. (3) A full refund less the minimum up-front permit fee and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that no plan review has commenced. A full refund less $100.00 or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that a permit has not been issued. A full refund less $100.00 or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit holder (to whom a permit has been issued) who requests a refund in writing within one year of payment , provided: 6 673 a. That the permit holder makes a written request prior to the permit expiration date; and b. That no work as evidenced by any recorded inspection has commenced under such permit. {4) Where there is a change of contractor (for all permit types) a fee as specified in appendix A shall be paid. involving a permit for which a f.ee of more than $1 oo.oo was pais: a-The original permit holder.;....is not entitled to any refund. 1. Is net entitled te any refuns if the permit has expired er if i.t.1ork, as evisences lay any recorded inspection, has commenced under such perrnit; 2. Is entitles to a full refund less $100.00 or the l:lp frent processing fee, •,vhichever arnount is greater, 1Nhere the perrnit has not expires ans no work, as eviseneed by any recordes inspection, has eomrnences. b. The secons permit holder shall pay: 1 . A full permit fee if the original permit has expired; or 2. If the permit has not expires: i. A fee specified in appendix A to eover the cost ef transferring the sata from the original to the secens permit; and ii. The full permit fee less $100.00 or the up front perrnlt fee, 'Nhichever amount is greater. (5) Where there is a change of architect or engineer (for all permit types) a fee as specified in appendix A shall be paid. involving a perrnit for which a fee of rnore than $100.00 was pais: --a,-The original permit holder.;....is not entitled to any refund. 1. Is not entitles to any ref1::1ns if the perrnit has expired or ih'lerk, as evidenced lay any recorded inspection, has commenced 1::1nder sl:lch permit; 2. Is entitled to a f1::1ll refl:lnd less $100.00 or the up front processing fee, whichever amo1::1nt is greater, 'Nhere the permit has not expired and no work, as e¥idenced by any recorded inspection, has commences. b. The secons permit holder shall pay the f1::1ll perrnit fee. (6) A fee as specified in appendix A shall be paid by the permit holder who submits a written request for a permit extension as authorized under Section 104.5.1.4 of the Florida Building Code. 7 674 (7) Where the permit is revoked, or becomes null and void, or expires because of lack of work or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If no more than 180 days of the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant may apply to renew the permit. The reapplication must be covering the same project and involving the same plans, and must be submitted with the plans and the applicant's validated copy of the original permit. A fee of 25 percent of the original permit fee, plus an additional $57.00 processing fee, shall be charged for a renewal under these circumstances. Where the permit is re:voked, or becomes null and 'Joid or expires becablse of lack of 'Nork or aeandonment, a new permit co:vering the prnpased constrnction shall ee obtained eefore praceeding \\lith the work, pursl:lant to 5'ection 105.4.1.1 of the Florida Bblilding Code. If mere than 1 SQ days bl:lt no mere than 365 days since the expiration date of the original permit has passed, and no refl:lnd has eeen made according to this sectian, the applicant may apply to renew the permit. The reapplicatian mblst ee covering the same project and invol',iing the same plans, and mblst be submitted with the plans and applicant's validated copy of the original permit. A fee of 25 percent of the original permit fee, pll:lS a fee sf 20 percent Gf the new permit fee shall lae charged for a renev1al l:lnder these circblmstances. For permits that have expired where the only missing component is one or more final inspections, the fee for reopening the permit, performing the final inspection(s), and providing a final approval on the permit shall be charged based on the time dedicated for inspectisn(s) minimum building permit fee. (8) The lolblilding department directGr is al:lthGri:zeEI to charge the fees assessed prier ta FebrYary 1, 201 O, to those applications that are scheElblled for subcontract permits, where the master bl:lilding permit v,ias issued prior to f'.ebrblary 1, 2010. Every application submitted for permit will be evaluated and fees assessed accordingly whether it is for a master permit. a stand alone permit or a subcontract/trade subsidiary permit All submittals will be assessed the fees as prescribed in appendix A or the minimum permit fee. whichever is greater. {Qt The builsing department sirectar is authorizes to charge an interest to any am01:mt due when not pais by the sue sate. The interest rate shall ee at the hi§lhest legal liFflit authorized by law; plus collection costs ans attorneys fees. (c) Building permit fees are as specified in appendix A. 8 675 Section 14-63. Plumbing Permits. Plumbing permit fees are as specified in appendix A. Section 14-64. Electrical Permits. Electrical permit fees are as specified in appendix A. Section 14-65. Mechanical Permits. Mechanical permit fees are as specified in appendix A. Section 14-66. Annual fasility Permit. Certificates of Occupancy or Completion and Certificate of Use. The annual facility permit is adopted as ol:ltlined in Florida Building Coae, Section 10, ana the annual fees are: (1) Calculation of the initial ana final annual facility permit fee. Each firm or organization which ol3tains an annual facility permit shall include in their application for such permit the total numl3er of maintenance personnel including helpers and trainees there under assigned to l31:Jilding, electrical, pluml'.3ing or mechanical work. The fee shall 13e computed by m1:Jltiplying the total nl:lmber of s1:Jch employees times $40.00. The miniml:lm ann1:Jal facility permit fee shall ee as specified in appendix A. At the expiration of the annual facility permit the jol3 log shall 13e Sl:lbmitted to the building department for the calculation and payment of any additional fee due for the .... ·ork performed according to the job log. ~!o new annual facility permit shall be issued until the full amount for the prior year has been paid. Certificate of occupancy or completion. In order to obtain a certificate of temporary, partial, or final occupancy or completion as required by the Florida Building Code, the following original fees shall be paid for the purpose of defraying the costs of processing the certificate, including any necessary inspections. a. Final certificate of occupancy or completion. Certificate of occupancy or completion fees shall be as specified in appendix A. b. Temporary or partial certificate of occupancy or completion. Temporary or partial certificate of occupancy or completion fees shall be as specified in appendix A. VVhen the final certificate of occupancy or completion is issued, the appropriate Final fee charge shall 130 paid. The certificate of occupancy or completion is the certificate of use for that facility for the first year of operation or part thereof. (1) Certificate of use. a. No new building or premises or part thereof, except one-and two-family residences, shall be occupied until a certificate of use is issued by the city. Certificates of use shall not be issued until the premises have been inspected and found to comply with all requirements of this Code. 9 676 1. Apartment buildings, hotels and other multiple residential occupancies containing three or more units and occupied by only residential tenants shall require one certificate of use. Where these occupancies contain commercial activities in addltion to residential tenants, an additional certificate of use for each commercial activity contained in the building shall be required. 2. Industrial, office and commercial buildings being occupied by a single tenant shall require one certificate of use. If an industrial, office or commercial building contains more than one tenant, an additional certificate of use shall be required for each unit occupied therein. b. A certificate of use must be obtained annually. Certificate of use renewal fees are due and payable on June 1 of each year. Any person failing to timely apply for the annual renewal of a certificate of use may be issued a certificate of use only upon payment of a delinquency penalty of ten percent for the month of July or portion thereof and an additional five percent for each month of delinquency thereafter or portion thereof until paid. Renewal payments must be received by the license section prior to the first day of each penalty month to avoid additional penalties. c. The first certificate of use issued in conjunction with a new building shall be issued at the time when a certificate of occupancy is issued and at no cost. Where individual certificates of use are required, a certificate of use shall be obtained and the charge shall be as established in subsection g., below. d. As of the effective date of this subsection, all existing buildings or premises subject to this subsection must obtain a certificate of use. e. Upon the issuance of a certificate of use for a building or premises, an annual inspection will be conducted thereafter to determine that each building or premises complies with all code requirements of the city. f. In order to obtain a certificate of use, an original fee shall be paid for the purpose of defraying the costs of all the original inspections. An annual renewal fee shall be paid to defray the casts of these annual inspections necessary to determine compliance. g. The fees for certificates of use shall be as specified ln appendix A. Sec. 14-67. Forty-year building recertification program. (a) There shall be a fee per building as specified in appendix A for the 40-year building recertification program, as required under Miami-Dade County Code Chapter 8, Section 8-11 (f) and as said section may be amended from time to time. (b) If a building has not been recertified in the time limitation established by the county code section referred to in subsection (a), a late compliance fee as specified in appendix A shall be paid in addition to the regular recertification fee. This fee shall also apply if the building is declared unsafe and posted and the time limitation for the requirement of a new inspection and report does not apply. However, if the building has an open permit for complete alteration and remodeling, and the building is not currently occupied, the late fee will be waived if the recertification report is included at the time of the application for the certificate of occupancy or completion. 10 677 (c) When the building recertification process has not been completed for a particular building within the maximum time limitations established by the county ordinance, a notice of violation shall be issued. If the process is not completed within 45 days of the notice of violation date, the bullding shall be declared unsafe and vacated at owner's expense. The building shall remain secured while vacant. If the recertification ls not complete within 90 days of the date when the building was declared unsafe a new inspection report with a new fee as specified in appendix A shall be processed before the building can be declared safe for occupancy. Sec. 14-68. Oss1::1paRt cantent sign. Annual Facility Permit. There shall be a fee as specifieEI in appenElix ,1:., for the intake of an occupant leaEI sign as specifieEI in Florida Buil9ing Cose Section 1003. The Building Official is authorized by the Florida Building Code to issue an annual facility permit. Each firm or organization which obtains an annual facility permit shall include in their application for such permit a list of licensed maintenance personnel assigned to building, electrical, plumbing or mechanical work and the estimated annual maintenance costs. The fee shall be computed using the permit fee specified in appendix A for commercial alteration/remodeling. The minimum annual facility permit fee shall be as specified in appendix A. At the expiration of the annual facility permit. the job log shall be submitted to the building department for the calculation and payment of any additional fee due for the work performed according to the job log. No new annual facility permit shall be issued until the full amount for the prior year has been paid. Sec. 14-69. Employee training, education, safety and technology enhancements. A surcharge to building, electrical, mechanical, plumbing and demolition permits will be added for training, education and safety of the building department employees, and to procure and implement the latest technologies available for enhancement of services provided by the department, according to the schedule specified in appendix A. Sec. 14-70. General information. This section contains a list of other fees collected by the building department for other departments or agencies. Specific amounts are given in appendix A. (1) A Department of Business and Professional Regulation/Department of Community Affairs surcharge will be added to suileling permits for the state to stuEly suilEling coEle requirements for radon gas, to all permit fees associated with enforcement of the Florida Building Code for the Professional Regulation Trust Fund as per F.S. § 553.721. This amount is nonrefundable. (2) A surcharge will be added to building permits for the code compliance program established by the Miami-Dade O.Ounty. This amount is nonrefundable. (3) A Department of Business and Professional Regulation /Building Code Administration and Inspectors Board surcharge to the b1::1ilE1ing permits will be added ,...,hen prooessing marine strust1::1res aooording to soh08ule established by oity ordinance. to all permit fees associated with enforcement of the Florida Building Code for the Building Code Administrators and Inspectors Fund as per F.S. § 468.631. This amount is nonrefundable. 11 678 (4) A fee shall be charged to any building or structure for which a certificate of occupancy is being issued. (5) A sanitation surcharge shall be charged for all building, electrical, plumbing, and mechanical and demolition permits. (6) A separate fire safety, public works and/or zoning review fee associated with the building permit process shall be charged as outlined in appendix A. Sec. 14-71. Temporary structure. Notwithstanding any provision of the zoning ordinance, a temporary structure used as construction offices shall be permitted in conjunction with the construction of a building for which a valid building permit has been issued, subject to the following: (1) The use of the temporary structure shall relate directly to the building for which a valid building permit has been issued. (2) The temporary structure shall be located on the same lot as the building to which it relates or on a lot within 400 feet of the lot to which it relates. (3) The temporary structure shall be permitted only after issuance of a building permit for the building to which the temporary structure relates, and such temporary structure shall be removed prior to ~ issuance of a certificate of occupancy for such building, or within 30 days after the building permit for such building expires, whichever comes first. t4} Prior to a13i;reval ef the te1T113erary structure by the building efficial, a $2,000.00 cash bend shall be placed on deposit ·.·,.iith the city te assure removal ef such structure in accordance with the provisiens stated in this section. Section 3. That Appendix A is hereby amended as follows: Section this Description Amount (Effective October 15, code ~June2 2014) Division 2. Permit Fees. 14-61 (b) Double fees for starting work prior to issuance of permit, plus the following penalty: First offense 11Q.26 120.00 Second offense 238.51 239.00 Subsequent offenses 5Q6.28 597.00 14-61 (c)(1) Reinspection Fee: In compliance with Fla. Stat. 553.80(2)(c), any subsequent reinspection after the first reinspection shall be charged four times the cost of first inspection or first reinspection, whichever is greater. The cost of inspections is calculated 12 679 based on the actual time spent by the inspector multiplied by the inspection fee hourly rate, as specified in subsection 14-61 (h). The actual time of inspection is rounded up to the next quarter hour segment. First reinspection 0.00 Second and subsequent re-inspection(s) Based on four times the cost of first inspection or first re- inspection, whichever is greater. Reinspection of existing building to determine Based on four times the cost of compliance with the applicable Building Code first inspection or first re- inspection, whichever is greater. 14-61 (d) Lost plans fee: Administrative processing fee ~ 50.00 Plus the cost per page reproduced: • Letter (8 Y2 x 11), Legal (8 Y2 x 14), & Ledger { 11 x 17) 1.04 • Arch D (24 x 36} & Arch E (36 x 48) 2.29 • Other copies, up to Legal Size 0.016 14-61 (e) Revised plans processing fee: Administrative processing fee ~ 50.00 Plus revised plans review fee: Based on actual time spent on review multiplied by review fee hourly rate, as specified in 14- 61 (!J). 14-61 (f) Lost permit card fee: ++.+i 78.00 14-61 (g) Plans review and inspection fee hourly rate The plan review and inspection fee hourly rate is calculated at the beginning of each fiscal year based on the department's approved budget, overhead and indirect costs and the resources assigned to the inspection program. 14-61 (h) Dedicated Inspectors The requester will pay for the dedicated inspector in addition to the regular permit fee. The fee for the dedicated inspector is based on actual time spent on inspection multiplied by the dedicated inspector's cost to the City or the inspection fee hourly rate, as specified in subsection 14-61 (g), whichever is greater. 14-61 (i) Plans re-review fee First and second re-review 0.00 13 680 Third and subsequent re-reviews: Based on four times the amount of the upfront fee as specified in 14-62(a) in compliance with F.S.S 553.80(2)(b),any subsequent re-reviews after the third review shall be charged a fee four times the amount of the proportion of the permit fee attributed to the plans review. The fee for plans review is calculated based on the actual time spent by the plans reviewer multiplied by the plans review hourly rate, as specified in subsection 14- 61 (g). 14-61 (j) Expedited Plan Review and Inspection Fee Upon request from the applicant, the Department may schedule an expedited plans review or inspection on an overtime basis by Department staff. WReA SblGR seF¥ise is 19FSYiElefl, tRe ApplisaAt 'Nill reiml3b1Fse the City for the cost of this 250.00 for each review or seF¥ice. insoection reauested Ex12ress Qian review -available for first review onl~ 50% of the Building 12ermit fee line item 14-61 (p) Phase Permits Commercial New Construction 2 000.00 Commercial Alteration 1 500.00 Residential New Construction 1 000.00 14-62 (a) Up-front processing fee: percent of estimated permit fee or the minimum processing fee, whichever is greater Percent of estimated permit fee rounded up to the nearest $5.00 increment 20 % ;-::----· Minimum up-front fee ~ 50.00 14-62(b)(4)b.2. Change of Contractor TraAsfor of data from Based OR OAS ROblF of WOFk at tRe ari9iRal to secaAEi e1::1ilEliR9 perFRit halser 1,•JRere Ra RE:ll:IFly rate as specifieEI iR 1.ttoFk Ras soFAffieAces -· .L. ,. -1 A C-1 t-\ 100.00 ,_ -_,. 14-62(b)(4)b.2a Change of Architect or Engineer TFaAsfer af Elata fFam aFigiRal to secoRfl l31:1ilEliAQ peFFAit ha Iser 155.QO 1,1,ihere i,1,1ork Ras caffimeAsed 100.00 14-62(b)(6) One time request for Building permit extension 103.70 <oermit must not be exoired) 100.00 14-62(b)(6) Additional reguest for Building 12ermit extension 100% of Building 12ermit fee line (oermit must not be exoired) item 14 681 14-62 (c) Building Permit Fees: Minimum Permit Fee ~QJ.+G 100.00 Commercial Permit Fees for Building Permits Permit fee for a building whose estimated construction cost is egual to or less than ~30 million is 2.0% of the cost of construction as a1212roved by the Building Official or his designee, QIUS 1.0% of the construction cost for anv amount over $30 million as aooroved bv the Buildina Official or his desianee. Residential Permit Fees for Building Permits Residential: Slnale familv Duolex and/or Triolex Permit fee for a building whose estimated construction cost is egual to or less than ~1 million is 1.8% of the cost of construction as aQQroved b~ the Building Official or his designee, 12lus 1.0% of the construction cost for anv amount over $1 million as annroved bv the Buildina Official or his desianee. QGGl::JPANG¥ f:.¥!2e tAIGR~P,Ag\fY,b GGSr P~ lf4GR-~.e.4e-NrA& 1Q() &QldAR~ F~T II.I.-• r--_ ... -..L=-............... /"""\-.-.-..-~: 111r~":-.... -~ C'-----... _ _. -, ---· Gest P.eF mg SEfl:l8f0 F-eet hased GR GSSl:lf38RB}' Type as defiRed by tf:Je Fl-0Fifla B1:1ilding Code. SampJes ef. Gss1:1f3aAsy-+ypes are pfflvieee (e,c ilff;ff;t.r:a#Y.e p1:1t=peses eR.ty. aRd afe Ret iRsh:18iv.e ef ~J/11--.,.., .... ~.LL~ ..... ---.t-. ~--.......... ......,_,,T,,,.---· .. "' ----J J +l=le fee is sals1:11ate9 eased GR tl=le tetal s~blaFe rootage mblltiplied by the Fate 1')8F sq1:1aFO foot, iR "'"" -~ ---,r __ • ,_. __ ·-·-~~ ~ ·~·----1 l-.-1.-. ---.. . ' --· ·-.. INGReMeN+Ab QGGIJPANG¥ +¥Pe GGS+ PER l~JGReMeN:+Ab~ GQ SQUARE; FEE+ A ~, AsseFRely Fi*eEI SeatiRQ (+l'.leateF, GeRseFt Maut -1 1 .... •-'l nnn --· ·---"--• a~ 1 .rn ... _ -1---·- -C'~-....... ':! """ --·---,r __ • ·-'IC:'""" --'~·-,r __ • aeeve fee ~Ibis ~ -_, ___ --. -----·--·------. -C'---"i:: """ --· , ___ .r--• •-i::n nnn --·---"--• aeeve :f.ee ~Ibis ~ --,--____ ___._,_ --... ___ , ___ --. -, __ ... ,At 2, AsseFRely FGGEI aR9 QFiRk: ~RestablFaRt, i.1:-"'• r-1 ..... o-.\ ... ~. ,. -, -I I .... +,.. ':!C:l"I --,,..,--,r __ .., 311.10 --..--------- _ C'.---..,en ..... -1 , ___ r_ -.a.. .a. ... "7C:l"I --..,_ L aeove fee 13l1:1s 2Q6.58 ----·-·-. --, ----_ C".,.. ...... " 7C:'1 --·---.r--• +,.. -:i i::nn --,.., __ .r--• abeve fee 13lbls 206.58 -' -----'" ·--1--·-----_ r::--.--:i c:""' -~ ........ "'--+ + ... "'' c:nn -----.., __ .._ aeove fee 13lbls 1G1.43 ---1----.. ·-,-------·-- _ C'---'1 7 c:n" --· "--· i::n nnn ------=--• abe1.ie fee 13l1:1s ~ -·-----.---·---·--·--~ --- /\ ':! J\.---...... 1...1. 1\111---i...: .... 11.-·---· /\ ----l-... -1 - - - -....... , ... ----, .. ·-· 15 682 ,... _____ 'L' u,,.11\ --~-.T ... 11" - -1 •-• .. nnf'I --· ----"-• _,.... .. ,.,... ,-----311.10 -1"'"----•Mn~-___ _,, __ q_rnnn--,,,.~--"--• -....,.-,___ ~-·--~-,-----. ---above fee plus 148.72 -,..._ 1:: """ --· ---"--' •-i::n nnn --·---"--• --,._.._.. ·-·..... . .. ·---,---_..., ---· abo1.:e fee plus B, Business - ' •-•-c:.nn --· ·---"--• _,..... .. _ ----311.10 _,.... ___ c:nn ~-· -r ·-.., c:nn -- --..;;;r ----·---"' .. .,.,.,. -,-----. r -' above fee plus 265.39 _,...._,::._.., C.f"l-1 --·---"--••-"JC:. nnn --·----"--• -, --. -·-__ ,___ "" --~ above fee plus above fee plus -r • •-c:.n f"l/"11"1 --r • -.,c:. nn .. ---..,,,, --1 "' ---,- -, ., ._... --· ._ - 311.10 -11~ •-., /"11"11"1 ---·---r. _, --· ...... ~ -·--- -;-,::.-~ nnn --·---"-_, •-'1 c: nf'ln __ ·---_,, __ , _, ___ ---, ---·-_, ____ _, -"" above fee plus above fee plus _ ..... ___ -it::."" .. --c:.n nnn -----.]£_ ' -_...., r - -_._ .... --·-L _. --,- -' 1-·-o1 t::.f"lf'\ --•---E __ L _..., ...... ·----311.10 -,.... ___ o1 c:nn --.. ·---r • ·-7 C:f'lf'I -------"--· 'I ---....., ] ...... ..__ ' ·--'L above fee plus 160.20 _,..._,::_-'7C:.f'\'1 --·---"--''-,...f\f\f"lf"I--·---"--' ' --...... ---.. ___ ,____ -.... above fee plus I '"II ·--··· . .L"--· -------• .~ I - -I ,_, ._.. l --• •-"°Y 311.10 -C'--rY'\ A en" --1 ,...--_t_ - -t .&.-"')"') C:f"lf\ ___ ·---r __ ..._ -, --.. _ 1-- --above fee plus _,.... ___ .,., t::.n-1 -----,, __ , •-c:n """ ------"-_, --·--1-...... "-" '• --·-----·-·--- above fee plus aA a• •:1-fl""\-----'-----•,..., _____ ri-.. -r.L _____ , ... , .. """' ... - -.. -... ·--._. -_, 311.10 ~r----.... nn" ..... _ ---~-_..._ "'-~ nr"i" __ ·---.r. __ _.._ ·-._, -----abo'Je fee plus 265.99 _...-~--""('\('\'1 -----_,, __ ,·-I::('\""" --·---"--· -, -.-.,... --~ --,..... _, -above fee plus w I • ._ ~ " ,,__,_ •nn--··- __ ,.... •"-" 1-1 -•L ' -311.10 -,..-___ """ ------"--' '-" nnn --·---"--L ..... _ -, _.._.. above foe plus 452.00 -C'---.., nn1 --·~---"--· ·-..,('\ """ --··---r ' --, ---1. L----1--above fee plus 130.13 _,..-___ "" nn-1 --·---"--• •-c:.n """ ------"--• above fee plus M, Mercantile (Retail or VVholesale) -• •-•-~ i::nn --·---"'--• "'-'-...,--.,..,-, ____ _, ------311.10 above fee plus 369.52 above fee plus 111.16 R 1, Residential Transient (Boarding House, l I-' I OA-L-1\ -' ........ -• •-L-"nnn --·---,, __ , , ..... ._._. --311.10 ---r_ -• above fee plus 121.85 -i::---.. " nn~ --·-~--"--• •-c:n nnn -------"'--• -,--..... --~ ...,1-·~~ above fee plus ---· '" __ __._ ----· -, ·""" -···-~ .. ,. ... -'"1 16 683 -• 1 ......... c:r1" ---·---&--• ·-.... -__ .,. _ c .. :-:'.~~ --· ·---.r._ -• •-".> """ --· ·---.r._ -• -·-·--,---·-·-,.... ., nn-t --·---&--• •-"'"" nl"ln ,...,.. , .... --.r. __ L --,------'"" ""---,----.......- ,.... ___ ".>1' """" -·---&--• •-r=n """ ------.r._ -• ---1-------.. _ --, --- R 3, Resieential Permanent (Dwellings, Custom LI---.\ -1 1 ..... _ A r::f\f\ ----,..., __ ,r._ -• -r-.. _ ,-~ -·-·--- _r: ----'I r=nn ·---r_ -• •-'"' "'""" _ ·---r , -,----.... ·--, ..... --C--.-'l t:"o'I --· ·---.r.--• •-"'" """ --··---,r. __ , -..._,....,_ ---.... "--.;;ill',--~ ~ __ ._ ..... ,--_, ----__ , .... __ 1--·- R 4, Resieential Assistee Living (6 16 persons) -• 1 ... •-~ i::nn --, .... --,r. __ .. ...... ""-' --- _c .. -........ "'I. r.nf\ ---L-r-.r __ ... L_ I ~l'\I'\ -~ ,_ .. _ .E. __ .1. -,----, .... _ ,------ _,.... ___ 7 l::" .. __ , ·---&--• •-J::r"I ("\("\("\ --, .... --z __ • -,-..... ----.... ,-...,, --,-------. ------ •• --• --·-LJ----..J ,,..... ___ ~_ ,.... ___ -.-\ I-·-,. ~ --\ - -· ..... ·-J:.(\(\ ----,r. __ .. •w I.... --• _c .. ---t:nn - -·---z_ -• •-'"'cn" __ ·---r __ , -----...... ---,---- -~ ..... -") t:"~ __ , ·---&--• •-l:: i""li""I" ", ...... ,.,. L--• --,--- , .. .,......, ...,, .... -r -C-----C ""A --· ,...,--.r._ -• •-'"\t= f"\(\(\ --·---Z--• --,---... ·-__ , ___ --. -__ .. , -1"'"---".ll:: nn .. -----&--• •-,..,... l'\f"\f"\ .,. .... , ----r __ • -,--1-...... ---'"" -~,---.,.,--............ -....... -v-.. S 2, Stora§e Low Hazard (e:xcl1:1eing Parking ,.... _____ \ -....... ,,.. ,----.,..."" --C----1 nnn --· ,..., __ .r. __ .. •-c: nnr\ ~----Z--• -'"""'"" ·-·--... ·~...., w,---1--·---- -!::----C: ,..,,.., .. ---·---.r._ -• '-t=i"\ """ --·---r -• ---,--,_, -....... __ ...,,...,__ --, - -1 1-L-.. c:_ (\J'\J'\ ------L--> above fee pl1:1s above fee plus above foe plus above fee plus above foe plus above fee plus above fee pl1:1s above fee pl1:1s above fee pll:IS abo'10 fee plus above fee pl1:1s above fee plus above fee pl1:1s above fee plbls •F'rom 15,000 sq1:1are feet to 50,000 sqblare feet above fee plbls .,., -f"" .. ._ 1 ·-- -,... ____ .., ,...,.._,.., ---above fee pll:ls ,_ ... _.... -· -...... _ --,- '"''---" !'"), :1...1· ~ ...,,.,. J:.,_. """"'r....,,, -•••-''."o'I ~ ,_., -1 ·-L-.. t= (\J'\" --· , ___ J: __ J. --r-·---,------- -r:~--"1l:: nnn ---''"'""" &--• •-cn f"\f"\fi ---, .... --.r.--• 1-----above fee plus --, ... -- For 8Ry SfltJare footage 0•1-er 50, ()()() Sflt18ffJ feot, a/;)mce fee per Oee1:1pancw Typo p!us: I NCREMENT/\L 311.10 39Q.10 117.32 311.10 440.12 133.39 111.76 311.10 12Q.30 311.10 117.63 117.63 311.10 169.23 155.36 196.71 150.19 OCCUPAflJCY TYPE COST PER INCREMENT.A.L100 SQUARE F'EET 17 684 Ammmt AmeblAt ~e#estii,ie ~e#eetive F'ebrblaF)' 1, 200Q Octeeer 1, tRi:Gbl§Ft ~ Septemser aO, 2012)Affl0b1At ~e#estive Getoser ~ ... .,,, ~ ri\ -, ---.1 ' 1--••i---1 ff"'li-:~ --LI---'"-1\ ~ ' -· -·-~·" --·- IA l• -----•:1-/0-L-:I -•\j\IL~l---1--~I"\ 111.rn .. ' ···-····-\ ... -. ·-·--· , R ResideAtial ~ e"' ....,, ·--·-1 • ...I'·--'"'--1-' --· ,... ____ -·-~ -· --·-· ····-_. ...... ·~ ---.-:J- ,.... ...., "'L -n--•-· ,..._ ·---"'L-11 [') :1....1:--~ ,...., .... , --· ... ·~ --... , ... ~ .... ---,._ .. ,A1ll etl=ler Ose1:1paRey +ypes, ~---·· ..J~ .... --L-.. .+ ___ ... 1:-~.a..~ __. ... _. --···~ ---.. ·-· A A----1...1 .. '. ·-' Q, Q1:1siAess; n n ·--· I --·-· e:, edblGatiGAal; aAd, M, MersaAtile ~QepaFtmer:it Stere, Dw§ Stare, ~ ,... __ e""•-•=--\ ---.. MiRiFRl:JFR Fee -for FRinor alterations not refJ1:1iring stfldst1:1.r:aJ f€Wiew 129.eJ ... ,,_,, __ ..,. ____ , .. _ r.---_,_, .. _ ... ---·--•i --·----i:J -.. -. •J -... 1.1':.&.-L-.-.... _.LL __ __. 1-...1--.-r""I---= __ ... .., .... -.. -•--• •M .... KitsReA ReA0 1.iatieA SiA§IB l=amily l=IOR=IB (RJ~ er SiA9le A13artmeAt ldAit (R2~ eased OR tl=le fee far FeGGAH@lblFatiOA of s13ase bll3 ta a ma:*iFlH:lffi ef (if 2 trades OF less are rett1:1ired tRBA apply miAim1:1m --·-.i• &-----• L--..1-\. 1096.11 ·----.... _ .. - ... eat I=! ReAe 1.iatieA (SiA@llB family l=leme (RJ) OF SiA@lle ,ei.partmeAt bJAit (R2~ based OR tl=le fee for reseAfi91:1ratioA ef spase blp to a ma:*imblm of (if 2 trades OF less are Fett bl ired tReA apply miAimblm ----.:4. ~ ·--__ ... ' . \' 578.20 ~-.. ---r -.. - • ~leoFiA§ per: aOG sei1:1are feet or pa Ft tl=leFeef {if fo<tblre sets are inslblded tl=len a separate plblmbin@I ---~.L ;.t"" .,. __ .; .. _,..I\ 183.aa --,. ·---· -'"' "--.-.. ,-·--L:..-.-r-_ '---~-· ..... __ , __ -----.. ···-_,,... ---· --, ... : ... hJl"'\1 .+ ,,,,.. ____ ,c __ .-.... :.1...-.t-. ----l ,_ 343.25 . . .. .... ---· -·'"' ·- -... :n, ~-~---'---· ,.;._L ---1 ---. _,_ 407.a4 .. --· ·---·--· ·-,_ ,... ___ , , ... _. ___ IC"' . -----.II --· ·---.. ···-,..._ ...... ____ .... ___ c-=-~1~ r-~-:1 •• 189.00 -·-----·~·-- GeAeratei:: Gommei:sial 18 685 • ldR9eF H),QQQ S~tlaFe feet 9F 1196.00 --.-1:~---&.-.&.. --1-• ~.J - - -~--·--·-.. --. -·-.. --~-·--·- --t n Ann ,_ r=" """ --·-' 1492.00 -·-·-.. ___ , ___ ~ ---· _ /\ i....-·-r::n nnn -----&_ -· Hi95.00 ·--___ , ___ -. __ .. ~-•---rn'--~-,_u_:-\fAh-·----~------- I ··-·----· ' ... . -· -· -r-. ·--'--.-~ c-:--1-c---:1. 245.00 ~I-·---. .,,.--· ... -"' , --r"-·-:-1/0.A.,I•' ,... __ ,,_ 950.00 -·---·-·-··· -· '" T--~-"'--c.-, •. :•-.h &--C' ,,, ·--f"-----.'--t---·~:•\ 146.0G ---- ---·-------.... , C--1--in•--'---u---'---<" --•----Q.e..,00 --·-· ·--·- C' ·~.;"--=----"---.-.•~ -... --. -- New SwimmiA§ Peel, S13a eF F'.etlAtaiA D--'-'--•:-1 ' .-1~----· --· ---'---,.,_ I II_.__.._ ,,.., ~ ... ·-.. , - _ I 1-.J--"1 nn.n --11---397.17 -·--,---.. ,_ ·- -" """ 'lt::: """ •-•-1 --11---li:l45.16 ·----I -._ ._. -·-~ -- -r. ---"r= nf"\f"\ ·-' ,, ___ 1,311.81 -·--,---... _ ,,,_ ·- "' ··=--~--r""\~~.l l"""\ ___ , __ _J,_~---n-~~..J--~.L~-.1 -·· .,,, ·--.-.... -- 1~---·-· -·· ·--1\ , __ , ___,, __ --1i----· 393.02 ----· ·~ --.. _ - "I -,..._ ·-.l.-7--r'------·-· , __ -' ,.J'. ·------,; .. ·--_ ... 1,375.06 ·-·· --· ·-·---·-' ·--···~ ·-·.-.. ai.t,iimmiR§ Peel, S13a 9F F'.eblAtaiR GemmeFGial, '--1 ,..1:----·---.-... ---'-.. -·--· .,... ·-.. , - I 1--' " {"\f\f\ .II -1,691i:l.61 -·--,,,_ -_ • nn• 'lr:: nnn •-•-I --11----2,741.83 ' --~-:"1-· -·- -t"\,---'lC: """ ·-·-· --.11---3,JOQ.77 --,---.. _ ~ ,,,_ - a',,t•iimFfliR§ Peel ReRe 1;atieR GemmeFsial ~RGR 1,679.94 -·-· ·-·· ·--1\ ·--1. ,,.i;-~ - -----· -·· _., ·-·--· ·~ -... - ..... __ , ..... ~ ~~~--..-~.&. ,.....-..1-·-2eli:l.ee ---·~ -.. ·-·-·-'"" n--1 c:,.,, • · ·-----• 0 ---.I - - -·--.-&. ~ oa.10 ·-·..-· ·-·-.. r-,.:--;-,., n--1 n--,,j; __ , ___ ~·· .. .. . ,.. ~-·-·--.,.,. • ResiEieAtial ~ • Gemmei::sial 21i:l7.25 Swimming poof lighting f"tR0R VJ I instal./a tion not --_,I. -.LI .,. -....,_,. .:~•. --· --_ .. ·- • ResideAtial Peel er S13a. ~ -..... __ ._, :-1 I"' ·'-'----·-.--,_ ' r"o--1Q3.70 --·~·-· --·-· ·--·-·-. 1"'-------'~I -~ -~ . , ;1 • ,.., ___ , --C'--2Q7.4Q --.. ---··· -· 'Y ---- • Gemmei:sial aF M1:1lti faFflily GemsiAatieA l=leel aAEI 21i:l5.18 ~ 19 686 Partial aREi Total Demslitien Total Demolition • Under 3 stories • over 3 stories Partial Demolition I I --' , r ":> f'\f'\ - -'~ r~ L ....... ----~ __ .. --,nn ~ nnn __ .~--, -~~ -: f'\-f'\~ •; n-n~---= _ ;:_ .. 1 -,---1--· --L -----··-~-'-•~--......... _ .... ~I..,.-----.......... ,.,,,,. .... --.:""JI ·-1 -... I.._. ,.,,_ Marine Permits D?cks Residential (includes pilin§s associates .... :.u ... _._ :! .-... :-----~ "\ --.--~--·-..\ -1 1 ~ -• ... -i nri .... .-1 • .-ii ... ..-. L--· ,_ ---·~-, • 101 500 square feet • ~~~:-~oL~quare feet or part thereof over 500 ___ ..... __ ... D~~k~ .1 Commercial (includes pilin§s associates "'''"' _::Ii ·-::-:. •~ ~ _ ::....., •--~ --., • 101 500 square feet • ~~F 10~-square feet OF part thereof O'ler 500 Dock Repair Commeraial replace all but piles ,_, ---·'-'----__. _,_ ' ·-· -· ·~ ~· ·-.: ..... . --'"""" :_ -• -• .~\ D __ , eek ~epair Residential replace all but piles '-1---'-'----··-. ...... ·~ -· ·-: "'' -.:.~ :-.:· -• ~=~ r"<--.. .. 0 ,.._ .11..., ....., ........... ,_ -...., --- 1 -=--1:--1 .-.I' ·--~1-,\ ... ...-.. ·-· -l ·-· • Under 75 linear feet -,,.. .... '' • 75 160 linear feet ---,..,C:l"---rL------'"--_L -·---AC('\ 1; ___ _ feet Watercraft Lift -""' .-----• :_ --~---.I~ -,...._ -'-.-.--'-I:•· .I --·~ --- n:!;;-----..... II"•• ·---=·--·- .. _ --·~ -·--•--..-.1-1:.a.: ..... ~--.1 -iii--....__...._ __ """ ·-,_, ... ,...,,.,_ 20 687 437.61 2;rn.oo 737.31 1178.03 132.74 452.13 1026.63 1,038.04 1,400.99 218.81 14B.29 494.65 906.34 462.50 205.33 gl:Jf!GiR~ ~igR (AeR eleGf.FiG) # s.igR has e.<eGt:4sal --·-----~· ~ ,_ -•-'-. .-.) "' ·" -~· ·-~L ...,.,,........,. J; .... -...J . ...,,, . ; -,.,. ...... ,, .... -~ • east::i 1 rn.oo C::::/--.1.-=-l"':~...,,... . -· . ._. --·~ -· -c--L... fit!'\ _ ........... :.:_ ....... _ ......... _ --· ......... .&--...,..._ __ r~\ 7+,QG -.. -----·-.. -- Temporary and Special Event Fees Temporary Platforms for public assembly, first 177.33 approval 104.00 Temporary Bleachers for public assembly, first 94.,.J.7 approval 95.00 Temporary Platforms or Bleachers for publlc ~ assembly, re-approval 20.00 Tents -excluding electric and plumbing, per tent • Up to 1,000 square feet 11 S.22 104.00 • Each additional 1,000 square feet over 28.00 1,000 Temporary Structure /Trusses/statues (no electrical 325.62 or plumbing included) 104.00 Temporary Chiller 4€)1.47 462.00 Temporary Generator 236.44 237.00 Construction Trailer, per trailer 507.24 568.00 Office Trailer, per trailer 685.46 686.00 Temporary Power for Construction 225.03 225.00 Temporary Power for Test 188.73 189.00 Temporary Multi-seat Toilet Trailer, per trailer ~ 80.00 Temporary Individual Toilet, per event ~ 17.00 Amusement Rides WM- 60.00 Temporary electric work on circuses, carnivals, per 311.10 show. 312.00 Temporary Fencing 14R29 150.00 Electrical Installation -Small events (1-10 tents, bleachers staaes and other structures) 250.00 Electrical Installation -Large events {more than10 tents bleachers staaes and other structures) 500.00 Mechanical Installation -Small events (1-10 tents, bleachers staaes and other structures) 250.00 21 688 Mechanical Installation -Large events {more than 10 tents, bleachers, stages and other structures) 500.00 Plumbing Installation -Small events (1-10 tents, bleachers staaes and other structures) 250.00 Plumbing Installation -Large events (more than10 tents bleachers staaes and other structures) 500.00 0,.:1-1: __ ,..,,.. ______ ... ,,..-# r-=--~--=""-· -·-·· ~ ••-r•., -• ••-- • GookiA§ l=looEI Sb11313FessioA ~13eF systeFfl~ 275.84 Mblltiple systems iA same aFea (i.e. k:itsl=leA) will be CRaF§eEI at 50% of al::lo•;e fee foF easl=l -....r....r;•;--~· --•---... ,_ _,_ -,...._ ,...... C' ~--""'-I -' ·--' 295.§§ ·--,,_ ~ --~· -·~ -7-·-,, --L:---A4_ ............. C!' ·-~--...-/I.....----' --,.._ --~-&---""' - --------·---·1 I 1-•-.., t::.f'\f'\ 2de.44 ---,--- 2,50~ J,000 J25.132 d,00~ 5000 4 ~ J.713 5,00~ rn,OQQ 5a~.ag ~o.oo~ ~ 5,00Q 7a9.J8 ~5.00~ J0,000 945.74 d0,00~ 75,000 ~ ,4rn.02 75,00~ rnO,OQO ~,SQ~ .49 rno.oo~ ~50,QOO 2,000.80 ~50,00~ 500,000 d,d~O.~ 0 G¥eF 500,000 4.0~9.4i ... n---..-·-o I ,...... ...,_ ,...._ --I"-'· '-•· _.. -.. ~ .. _, ~· -r I 1-•-.., t::.f'\f'\ ~ ~ 8.22 -..... ·--,---- 2,§0~ d,000 ~ ~ 8.22 a,OOi 5000 ~ ~8.22 5,00~ rn.ooo ~ ~ 8.22 ~ 0,00~ ~5.000 ~ ~8.22 Hi,00~ d0,000 ~ rn.22 d0,00~ 75,000 ~ rn.22 75,00~ rno,ooo ~ ~8.22 ~00,00~ ~50,000 ~ ~8.22 ~ 50,00~ §00,000 ~ ~ 8.22 Q1;eF 500,000 ~ rn.22 Fife elei;atoF Fecal! +est Base-~ 0~ .78 PeF l=loor a@.;00 • E:lestFieal Smoke QetestoFs ~FiFe PeFFAit) • bJAEleF 5 aei.•iseS rn4.89 -I 1 ... •-'">C ....r-•. ,;---5013.013 _,.... ·-----· -,...._ ---1.-.1:~:---· ..,t::. ·----~ .... ---_z ~ ----·--' .. - 22 689 -.. , ___ ··--'----··'-•'--r; __ ... 1 ... ---ow .. ---·•• l!fio4 Ill- • 1 te a sem13eReRts a&..00 -a•-~&:. ----~~ 109.93 -,._ -II.A:·--.~ --.. ... 1.,. ----~-L:--_r.. ___ ----------:----__ .. - - -~ "' . --.... '!""'! ···-·--·- n .. -·· --• -·'"----.. ---' .... ·- o. "-''--••; .... :_ ·--,..., ___ : ... L--IL-----,._.... ·~ ..... ·-· -.. --·-.... flRsl1:1eles l31:1t Ret liR=iiteel te: steFa§e sl:ieels, 103.70 L--,.n.-_l--..--~-------~ J. ·-=-.. __. __ .-. .... ...,,\ ·-' -·-· ·-...,,, BblildiR~ 12eFFRit f.ei: MiReF Repaii:s ~3~.74 Paintinq Permit • Residential -Based on Planning Fee Schedule 27.00 only • Commercial 27.00 lns'lalla#tiH1 91! i!eplaGement e'f. v.4ndows and e~deriel! deers in au bflildings, SJ:J1:1tters, fixed _,_ --~-~-~ ~ -__ , -·-· -· - Ne1A1 iRstallatieA GF Fe13lasemeRt, ef aee 1.ie listed #efR&:- • 1 blRit rnJ.70 • ::;i 10 l:IRitS 201.40 • 11 30 l:IRits 34~-~1 • 31 ao 1:1Rits 879.38 • a1 a Rel A=l9F9 l:IRits fspesial iRs13estieR F8f:!bliFeel~, .... --. ... ..-.......1--1:+.:---· .c. 1-i4·--.-__ ..,... ---' 4-+M --·-· ----... -.... --·- Sl11:1tte1& : 11.1~ .. i-..-..1...-.11-.L:-.-..... .,.--·--~~--~"' ·-·-·-··---~ --- • 1 30 blRits* 192.81 _ c.-.-'-_ _,_,, .. ,.., ...... 1 -1 n ,_:.L ............ ......._ ..... .....J.. •• ·---.t: n ·--~(\ ~ ·--... --..... ...., ,...._ ....... ------ *11-:L : ... LL._ --~.-.=--•· 1..-L ----· _ _. __ -< -~I--· -·--~. -..... ·-... ·-····~ __ ... -_ .. -,_ ·-· ·- StoFefmnt inG/.uding vlindews and deers theFeiR: -1 1~ •-1nn -----"--· 347.40 -~ ----.. -.. -'4 n-4 .. _ -t ""n -----,, __ .. 811.30 -·-' ·--.. -,..., ___ _, · , ___ , ~nn--·---"--• -----1""" 1~€i.1~ -·-· --, ...... -, __ ""' ........ ·- 23 690 _____ 691 • FleF 61Ait 1aG.GG HiG.GG ,A,11 GtReF Gssl::l13aAGies • ~ dG 61Aits 149.QQ • easl=t a€1ElitieAal 1 Q 61Aits eveF JG Hla.GG ,...,... ___ ..... /\ ··-'--2G7.4G --.---~ .. ·~ Re13lase fa8Fis feF awRiR§, saR9f3Y 9F 69 1~eF ~R9 -L--. .,.--.&-.,,. -~~ ~1-~ :1. 1...---' +&.-74 -· ....... ~--·~ -....... '''7 -_, 14-63 Plumbing permit fees: Minimum plumbing permit fee: rnd.7G 100.00 This minimum does not apply to permits issued as supplementary to current outstanding permits for the same job. Commercial Permit Fees for Plumbing Permits Permit fee for a building whose estimated construction cost is egual to or less than §30 million is 2.0% of the cost of construction as a1212roved by the Building Official or his designee, 12Jus 1.0% of the construction cost for anv amount over $30 million as aooroved bv the Buildina Official or his desianee. Residential Permit Fees for Plumbing Permits Residential: Sinole familv Duolex and/or Triolex Permit fee for a building whose estimated construction cost is egual to or less than §1 million is 1.8% of the cost of construction as a1212roved by the Building Official or his designee, 12lus 1.0% of the construction cost for anv amount over $1 million as aooroved bv the Buildino Official or his desionee. Fll1.1m8iR§ QemelitieR Pem::iit ~7@.29 PhlmhiRg P.eFmi'5 iR611:1diRg BllffdiRg, S/.eGff:iG __ _, ··-·--~--· ,...,. ______ ... _ ------..... --- • __ , __ .; __ c-. ·--~-- • l=iFSt i!:9Re ~ • eaGR aElaitieRal i!:9R8 ~ Water anEI DFaiRage RiseFs and MaiRs, 13eF 1 61Rit PeF Riser er MaiR _ 111 .1L: 1 1-:• n-.-:...1--•;-1 t--'· ...i·--C'r:"LJ\ ·-··· -.. ·--· ···-· \ '"' I I I'°'•-t::. ae2.Ga -I""' -- -···- • eaGR aeeitienal a 0 1.ieF a ~ • GemmeFSial 25 692 .-----• Up to 5 units -----•-Each additional 5 ----]1=----,----I I 1------ I I • EaoR aOOi~oRal 5 OYOF e l = I ·-·---· "° '"' New I = ~~~~~~~~l~~-~1~·~-:~·~r:~r~~~e~at~e;r~o;r;P~o~o~l~H~e~~t~~~~~~I~~~~~~~~~~~~~ ___ T1 e-Each additional 10 O'ler 5 I I ~Fisal Water H t I 8944l -~~~~~~ll~~-~~;·~~.·~~~-!-~~1 ~~1 o~n~.~~1_1~~~-ov~~~r-:5~~~~~~~~I~~~~~~~~~~~-'------I -11-L-t:: ·-·· ~ ---I 100-00 I -r --·= I .______ I • Each addition-,a-·_I_ 10-I ~ --over-5 -~====~!=!;-~·~~~,:~-~========= I 1-00.00 ~---I - ' ,_ ·---.~ .. -· Rill I I -'~~~~~l~~-~~-~-nn>~~::~~~~~~~fl~~~~~I ~~~30~·0L ' I • EasR aGOitiGRal 1g ..... ,5 -ll ==--+--===-=- I ~.--. . ~ . I W>.44 I -' ': .":"'. -'.· ,,.. _ _ I ~ I • Each additional 10 ---I -ever5 --+-' 207.·40 - 26 693 n--:~----· ~----~-. -· -----·------. WateF QFaiRa~e (FaiAwateF rnef iRlets, ai:ea elFaiRS, I"'-·-"---;""•-.&.-\ -.. ,,_ -I 1-"'-C I_: ... _ 289.2§ -..-·--- • eaGR aelelitieAal ~ Q ei.1eF a JG,-07 GeReleRsatieA elFaiAs -I 1-"'-C ,_: ... _ 202.22 -r-·---·- • eaGR aelElitieAal 1 Q ei.1eF a JG,-07 WateF ffieteF.tS1:18 ffieteF 69RRestieAS te 1,yateF Sl:l~~ly systeffi GF te a~~liaRsesti Rstallati0Rs RGt ·---.J ..... ,r;,,.j, -----J •• -- -• ·-... _ c l_ .... r'\ 22!iU4 -.. ---·- • eaSR aElelitieRal 1 Q 9¥8F § 6Qm C' i-. ~-"'""''" ".:.1.1. .. o--•--'•-·· .... --"'--":--,, __ ----·-.. -.. -~ ---- -I 1-"'-C , ..... , ........ 22a.G3 -....-,_ -- • Easl=I aelelitieAal ~Q ei.1eF § 6Qm 0-"-· -·--.J-·=----.... ·-,. r---- -I 1,... .&.-f::. ,..i,.., ·'---22a.G3 -~ -- • EaGl=I aElelitieAal rn ei.ceF a 6Qm Wells, 1=aRk&, Gas, Sev1eF: ~--\/--"'--ICI ·-D:-:--rne.Qe . -.... ·.~· ·~ ·~ n-·· ·-"---ni--L-.---IA/-11--··---·-~-·- -I 1,... +-f::. ·-'"" 228.~ 4 -~ --- • easl=I a99itieRal rn GYSF a 6Qm Nat1:1Fal ~as & liei1:1efie9 ~etFele1:1ffi, ~ 1:1Ait ~eF e1:1tlet __ ,,...,. ............ J~""'----··-- -I 1-•-C: ,_,._ 287.25 -.----- -···- • eaGR a99itiGAal ~Q ei.1eF a JG47 IA'-"--'-----'------t ·-'"' ·-·---... • FGF tl=le fiFst §Q feet 22e.G7 -----..1.J:.1.:-.--1 "' ,_;. ---Cf'\"--" MW -·-· --.... ..----- SaRitaF)1, St0FA=I, seR9eAsatieR elFaiAS aRel sellest0F 1=------"' ·-·· ... ----.---- • FGF tl=le fiFst §Q feet 287.25 -----.J-'i+i---1 "' ,,...;+ ---Cf'\ i---• W-07 .---,.,_ --· --- 14-64 Electrical permit fees: Minimum electrical permit fee '.,...-1 .. .J·..,,., .. ,,. .• -:-·--·-1 Q3.70 ,_,, ·~ -··- 27 694 ---____ ,. 1-1----"'L...--.. ..,,...·"""·""""" ·-.&--·~·-..1 100.00 ..--..--··-, ----· -..... -· -- fThis minimum does not apply to permits issued as supplementary to current outstanding permits for the same job.t Commercial Permit Fees for Electrical Permits Permit fee for a building whose estimated construction cost is egual to or less than ~30 million is 2.0% of the cost of construction as a~mroved by the Building Official or his designee, QIUS 1.0% of the construction cost for anv amount over $30 million as approved bv the Buildina Official or his desianee. Residential Permit Fees for Electrical Permits Residential: Sinale familv Duolex and/or Triplex Permit fee for a building whose estimated construction cost is egual to or less than ~1 million is 1.8% of the cost of construction as 8Q!;!rDVed by the Building Official or his designee, QIUS 1.0% of the construction cost for anv amount over $1 million as aooroved bv the Buildina Official or his desianee. i;;1estFis blemelitieR n:s.aa L•--"--: __ , C"-£-i. ,....1.--__ ,_ .L.-,,. ---7-.-... ------._... ~ ~ 4 .G7 --·--.z -'"' ---. -.. --- ~astf.is Alta.ca#eR Gf Remef!Jet: -11·-=-·-C:------1-.P I-L--t r::.nn _.,.,.. , ___ z._ -.1. 174.22 ...... -· ------·- an-~ -.J~i+i --1 ..innn -..... ·---~--· ----tc:nn ~ ~ ··---·------- EJ.esmG Pem1i~ iRGludiRg Building, MeGhaniGal --..1 DI. ·-J.:--r-. -___ .... --·· r""\ .... l.s~--I 1·-i..·=--2!il@.21 -... ·~ ·-... ·~ "''';:"J iA1ssess GeRtrnlstGaFEl Assess • blFIGeF a EleViG86 Hi4.!il!il -I 1-•-"'lC: ..I-·'---~ aGa.Ga -~ ------- -..... ~ --'-1:~•--1 '"JC:"'-··' ----~ -' ~ ~ ··-· -----.. EJ.eG#iG P.em1i~ Stand Alene (""""/..., ,__,_ ,..._ . -f~--""-v~\· -· ----,. • GRe meteF, MiAim1::1m i;:ee H~Q.77 • 2 § meteFs 494.aa • PeF aEIElitieAal meteF ei..~eF § ~ .OaRal Rep/.asaFRaRf: -/""\----1 ~A·-~-...-~ !ila.02 ~ ·-r ·-' ..... -· - -.... ~ ____ ,_ a1Ra0 -----r::::--1... --' ""-.--1 C .-..-......... I_-~..---.~ Ll....._.....__._-..t:......, ....._ ... ++-:1-8 ·-·-· , ...... --_,_ ........ -... ---- n ........ 1.-1~-·-11~~:...,,... -----·· - 28 695 • bJRGeF ~a liAeaF feet, MiAim1.1m F'.ee 2ae.~4 • 1 a §Q liReaF feet 384.73 • eaGR asEliUaRal aG liAeaF feet ef paFt tReFeef G¥9F +.+::l-8 w I -11,..u ___ tr.,., ·'--~I· ----,--- • bJRS9F a ele 1.iises ~ -I 1~ •-"JC -'----~aa.rn -..-·---- ----~....1--i:~· --1 .,!: ..J-·'-------M .LL---L +.+::l-8 , .. ------. -... - c::-.. f· r-~~r1, ;f 11,.. .. 1,,f, ·--,_ ·-'-'---1· 'I ----I -----. -I 1--'--!: ----·---lA:~=--·--C--H8.3e ----, .... ,.. ,_. -- -I 1~ •-'1i::: ----~-...,,.. 3Q7.99 -.... ·----.,.,_ • l=!eF additiGAal 2§ epeRiA§S eF paFt tl=leFeef eveF +.+::l-8 ~ f"'I..-. .-.-.·...,...., ~L-L;,.....,. ... ~: ..... .-.1,.. C'....,-;h n--'..J 1§9.7Q -·-,.., ,,.., ,_ -·.~'--· .. ' --___,,_. -~ r"''--.,.-~--r"\..1. .L· __ ..._ r<-,--.. -~-1 ._ ·--:"7" ';":I -·---- • I I .... .L-C:. ,_:J._ 238.44 --.. _.. ._. _... • eaGR aeleliUeRal a s1.ieF a ~ 14-65 Mechanical permit fees: Minimum mechanical permit fee: 1QJ.7G 100.00 This minimum does not apply to permits issued as supplementary to current outstanding permits for the same job. Commercial Permit Fees for Mechanical Permits Permit fee for a building whose estimated construction cost is egual to or less than ~30 million is 2.0% of the cost of construction as ai;rnroved by: the Building Official or his designee, 12lus 1.0% of the construction cost for anv amount over $30 million as annroved bv the Buildina Official or his desianee. Residential Permit Fees for Mechanical Permits Residential: Sinale familv Duolex and/or Triolex Permit fee for a building whose estimated construction cost is egual to or less than §1 million is 1.8% of the cost of construction as a1212roved by: the Building Official or his designee, 12lus 1.0% of the construction cost for anv amount over $1 million as annroved bv the Buildina Official or his desianee. MesRaRisal Qei::i::ielitien PeF=mit rn~.7G Ait=-SSRfi.itiGRiR fJ BRG refdfje,r::a#eR: ~IRGll:leles all sam13eReRt 13aFts ef tl=le system e*se13t wateF, Ei1.1Gt, elestris a REI gas Ii ABS and seAnestiens tt:iat fees ---.---..&. __ ... ·' -JI 29 696 AC Unit New Residential -1~--.&.-•'-'-·-. '-~-.-1-.--.:+ •• -';::J - -........ • Installation of 2 5 units • Each adeJitional unit o·.ior 5 "" I 1-:• It.I-.• ----• -. I - -I • -=1. --~ ·-.. • Under 2,000 Cl=M • Over 2,000 CFM AC Unit Rel(>lacement, single unit Single F"amily l=lo~e (_R3) or Single Apartment Unit (R2) Res1dent1al --~ -..... • Under 2000 Cl=M ~ ·- • Over 2000 CFM ~Unit Replacement for each aneJ any aeJeJitional ..-... ··--... -·-----, ::---~~ ,-.. __ 1·~-T-. .:u .. t""lo. -•·--I '"'--1. _ .. ,,.., -··-· ..... ,_ ... -.. . _ _.__ ·--.1 _,., . -,.. " ..... ;:.~~,, -n -r-. ... 1"'1 ~ --·--· ... ........,.... r"k -.: :.:--I - -----__ I ~LL .L _ _t_ __ .-.i. ____ I --... , .... ----'-·-· - n--' 1...1--' o, ----_,._,_ ,,\ ....... , Raise existing Mechanical Equipment on Roof for Re roof D _z_: ~--""": ____ ~ :::------.: ---·-·-- ----.-.&. -.. NlmaGes and heating equipment iRGluding Ge'!1mersial driers, e~eR& anrJ ether fired ebjeGts net el6ewhere s/.a&.silied. (Includes all comp?nent_ parts of the system except fuel and electrical lines.) (~or vented and un·«ented 'Nall heaters, see plumbing permit f.ees natural aneJ L p ~ I •• Gas or oil .ft:JFRaGes: • Residential • Commercial 30 697 264.44 551.68 150.37 870.04 965.45 135.85 316.29 352.58 1090.92 210.51 562.05 210.73 348.43 642.94 271.09 294.51 352.58 r.. _ .. \111--11 "1-•• --0--•---L -·-·-· -·-,. ~esideRtial -11--'--~i;: ~· ·--.1., -'---12g_QQ ----·.1 -· -.-- • Eash additioRal 5 supply drops o'w'er 15, or part a&.00 thereof Gommemial -1 1 ... •-r:::.rv' 1:----"--• 329.QQ _,.... ·-- - -Ill --· __ • ._ • E:ash additioRal 2GG liRear feet 0 1.ier 1300 liRear ~ feet c: ·'--,,... \1.--•a-.. :--'"""" --n--•------• 284.GQ ---· -----,. Smoke Control Test: • -YAGei: Up to 10,000 square feet 207.40 208.00 • 10,0001 to 50,000 square feet 7Q7.23 708.00 • Over 50,000 square feet 1,082.93 1063.00 +:f'.asl=l Chute 2QQ.QQ n-·--,, __ .. 342.00 -:>-. -. ~.A.talk iR sooleFs a Rd walk iA fFeecers easl=l 115.0Q /--· :-----· "-----'-' \ ' '"0-,. . , Elevators, escalators and other lifting ap,,aratus: Permit for new installation or major revamping_per ASME A 17. 1 Section 8. 7 Building permit required. (includes initial inspection and cet1ificate.): Installation of traction elevators and escalators, per unit • Up to three stories 2,217.11 2218.00 • 3-10 stories 2,704.50 2705.00 • Each-additional story over 10 84.00 Installation of hydraulic elevator, per unit • Up to three stories 1,153.14 1154.00 • 3-1 O stories 1,4137.36 1468.00 31 698 Installation of escalator, per unit 2, 158.00 Installation of oarkina lifts oer unit 200.00 Installation of robotic oarkina oer annaratus 3 000.00 Installation of residential elevator, per unit 1,212.25 1213.00 Installation of wheelchair lift, chair stairs and 975.82 dumbwaiter 976.00 Elevator Reoair and Maintenance Annual maintenance repair permit (not to include major revamping) 601.46 602.00 Repairs (value over $5,000.00) per ASME 17.1, 632.57 Section 8.62 633.00 Repairs (Jack/Oil Lines)Up to $5,000.00 250.00 Repairs (Can lnterior/other)Up to $5,000.00 250.00 Roof window cleaning machine, each machine 107.85 108.00 Permit for removal of elevator from service 570.35 570.00 Elevator Tests, Temporary Use, Variances and Compliance Inspections: Emergency Power Test 1,083.67 1084.00 Elevator Fire Recall Test, per unit 1,021.45 1022.00 Temporary Use Permit {must be renewed ever:y: 30 1,316.99 davs) 1317.00 Temoorarv Use renewal 100.00 Application for variances from codes to install or 51 ll50 modernize equipment 519.00 Annual fees for certificate of operation and Inspection Certificate of Operation for each unit (mandated) 75.00 32 699 Renewal of Delinquent Certificate of Operation 100.00 Duplicate Certificate of Operation (mandated) 25.00 Dumbwaiters, elevators and escalators -certificate and inspection: Monitorina/Jurisdictional fee 200.00 1""1--' --~;,... I A'"''"' ·-I\ 1----,,...+j,..,... 20+.40 --.. +Re aAAblal GRaF§e is easee eA tRe seAeitieA tRat tRe eEj1:1ipmeAt is blREleF a maiRteRaRse a§FeemeRt wit A a q1.1alifiea maiAteRaRse sempaRy, iR WRiGR sase tReFe is Re esli§atieR feF tRe Git:,« IRspestieA te be §i~JeR ei.,e1=11 yeaF. If Re maiRteRaRGe a§!FeemeAt is iR e:ffest ,A,bl§ll:lst ~st ef e1.iePJ yeaF, tRe Gity IRspestieR 1•1.,iill ee peFfeFmeEI evePJ yeaF aRa aeeve GRaF§les feF tRe Re*1 fissal yeaF sl=lall be 18Q% ef tRe eRe sl=lewR iR tRese tasles. Reinspection fee, each re-inspection 103.70 104.00 Witnessing of 1-year tests per ASME A 17.1, part X, 2Q7.4Q section 1000, rule 1000.1 b 208.00 Witnessing of 5-year tests per ASME A17.1,Part X, 259.25 section 1000, rule 1000.1 b 260.00 Compliance inspection if witnessed test failed, per 1Q3.7Q inspection 104.00 Any elevator, escalator, etc, owner who fails to comply with the order to correct a violation issued within 30 days, is subject to an administrative fine up to $500.00 in addition to any other penalty provided by law. Fines can be imposed for every 30 days period that the violation remains active. These fines, before or after paid, can be appealed to the Department Director whose decision shall be final. No clearance for the use of the elevator shall be given until these fines have been paid or ' waived. +Re QepaFtmeAt QiFesteF saR eele§!ate tRis appeal fl::lRGtieR te tl=le QepaFtmeAt ,A,ssistaAt QiFesteF, tRe ,..., •• 0 ,;i,.,i:--("'\";,..;~1 --.... _ r.--.•. 0 ,;1...i'--r\ol'I';-·-· ~ r ----···::'"'I --·--... ·--r -----~ - 33 700 Boilers and pressure vessels, Installation permit fees, including initial inspections and certificate; does not include installation or connection of fuel and water lines: Boilers (as defined in the ASME Boiler and Pressure Vessel Code) Beilera aA9 l=lFBSSbJFe Vessels, 2QQ,QQQ 40Q,QQQ 393.03 g+\Js Annual Inspection for Boilers 259.25 260.00 G#=le,c fees: PFessbJFe am:I 13Fesess 13i13iA~. sl=leet metal aAe 91:1st 250.95 weFk aA9 etl=leF mesl=laAisal liAes: 14-66(~1)a. Certificate of Occupancy fees: r"-----.. 1"'1--,.-...... -T•·--· -·-·-· __. .--• Residential Units R-1 R-2 and R-3 cer Unit 110.00 All commercial occuoancies exceot R-1 and R-2 0.05 cer sf Minimum fee for commercial certificates of 250.00 occucancv When a tem12oract certificate of occu12ancy: or com12letion has been issued and the fee has been 12aid, the fee for a final certificate of occu12anc:t or comcletion 0.00 I\ ...... ---.hi e~2.B7 ·-·· B1:1siAess, MeFsaAtile -I 1--1--")f"l /"'l/"'l/"'l ""'"' ·---"--• 4 rn.s4 -, __ . --1 --·---·--- --· --">f\ n"n ,.._, ---&-----"' 553.70 ._. .. ___ , ___ ·-·-. n ........ ·--.. :--.-.! 1--•;+, ·"'---1 e7~ .98 -. -· ·-' -- o~ 0'}0 ;1...i:-....., __ I 1-:• rn9.92 . . --···~, - - . 0 '::! c:-....,1 ... c:..,,,......a. U--In ,,...,_ /T.-;-1,.,,v n--11,...;+ 3f7.32 -1 -·· -. --' C'.' -·~ 4rn.s7 -· -·- c. ·1..1:--r>•-.-11 ..,. "71:: -"--· 474.95 ---· ·~ --,_ -_._,,, C! ,;1....i:--l"L...-11 ..... "7r:::. "--· 945.74 --· .,.., -·-· ---· 34 701 14-66(21)9. Partial and Temporary Certificate of Occupancy or Completion fees: n-,.,,·-1 -•r• -..& ---·--~-.-..... ------, .......... ~ . --· .. ·-· ........... ._ ........... _ __. __ ·-..r ................. ·r-._.. ... _ F'.ees al=laF!3e9 eased en tl=le 13eFGenta€je ef H:ie tetal SEl1:18F8 feetaije eeinQ FeEl 1:1esteEI fGF esa1:1panay,lsernpletien times tl::ie aest ef tl::ie final certifisate ef ecs1:1pansy eF aempletien pl1:1s a s1:1i:al=laF§e ef 25% ef tl=le aest ef tl::ie final sertifisate ef ess1:1pancy/cernpletien fGr eacl::i partial aertifisate iss1:1ee 1-....... --------.,. •.... .L_._ .... .r _......_ ............. r'\,... •..... _ _ __ ,_ . - -,,..., .....-. -· J .. ,__ --· J -· .,.., -. 100% of final certificate of occupancy or completion fee plus the cost of any additional required inspections. Additional required inspections will be charge based on actual time spend on inspection multiplied by the hourly rate, as specified in Section 14-61 (h) Extension of temporary certificate of occupancy or 10J.70 completion, per period as set by the Building 100% of final Official. certificate of occuj;!ancy: or completion fee 14-66(21)G Certificate of Completion fees: Certificate of Completion fees for reconfiguration of space are the same as Certificate of Occupancy fees per section 14-66(2)a Minimum fee for commercial certificates of 100.00 comoletion Swimming Pool 2J6.44 237.00 Kitchen/Bath .f.3:.3-1- 79.00 Generator 167.99 168.00 Docks/Seawalls 2d6.44 237.00 AJC Units and Cooling Towers per permit 187.70 188.00 35 702 All Other Certificates of Completion, Minimum Fee H~7.7G 188.00 14-67.1 Reinspection of existing building to determine Based on actual compliance with the applicable Building Code time spent on inspection multiplied by the inspection fee hourly rate, as specified in 14- 61 (Q). Forty-year recertification program fee: 14-67(a) ,..... -r.1--n. --i..-1...1 i.. ;1...1;--a~~. rn -,_ --, __ --· ·;::, Per ThreshelGJ building a~ s.eG 600.00 Building Official a1212roval of 6 month extension for buildina recertifications 600.00 14-67(c) Late compliance fee, regular fee, plus ~a9.~a 260.00 New inspection report fee if recertification not J~~-~G completed within 90 days of building's being 312.00 declared unsafe 14-67.2 Employee training, education, safety, and technology procurement and implementation for service enhancement surcharge is 6% of each and every Permit Fee 14-70 Other general fees 14-70(1) Pursuant to Florida Statutes F.S. 553.721-ln order for the Department of Business and Professional Regulation to administer the Florida Building Code, there is created a surcharge to be assessed at the rate of 1.5 percent of the permit fee associated with enforcement of the Florida Building Code. The mlnimum amount collected on any permit issued shall be $2. 14-70 (2} Pursuant to Miami-Dade County Ordinance 8-12(e) a Surcharge to building permits for County code compliance program, per $1,000 of work valuation 14-70 (3) Pursuant to Florida Statutes F.S. 468.631-The Building Code Administrators and Inspectors Fund shall be funded through a surcharge to be 36 703 assessed at the rate of 1.5 percent of all permit fees associated with enforcement of the Florida Building Code. The minimum amount collected on any permit issued shall be $2. 14-70 (7) Sanitation impact fee for all building, electrical, plumbing, mechanical demolition permits,) 0.30% of estimated cost of project: Minimum 15.00 Maximum 1,500.00 SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, provision or phase 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 6. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and that the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 7. EFFECTIVE DA TE. This Ordinance shall take effect the 2nd day of June, 2014. PASSED and ADOPTED this ___ day of _________ , 2014. ATTEST: PHILIP LEVINE, MAYOR APPROVED AS TO RAFAEL E. GRANADO, CITY CLERK ~~ · FORM & . GUAGE · /. & FOR XECUTION Underline denotes additions and strike through denotes deleti~ns , ·· 2 j"i JI'-' . . , \ I Cl AT ORNEY =t#f"1 (Sponsored by Comm1ss1oner Joy Malakoff) '---'-f:::'. ___ ~-· · · \:( 37 704 THIS PAGE INTENTIONALLY LEFT BLANK 705 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, Florida, By Amending Chapter 102 Entitled "Taxation," By Amending Article Iv Entitled "Resort Tax," By Amending Division 4 Entitled "Tax," By Amending Section 102-314 Entitled "Penalties And Interest," By Amending Subsection F Thereof Regarding The Establishment Of A Fixed Late Reporting Penalty For Annual Returns Filed Late Where No Tax Is Due ... Ke Intended Outcome Sup orted: Make City more business friendly. Supportin Data Surve s, Environmental Scan, etc. : 87% of businesses rated Miami Beach as one of the best, above avera Item Summary/Recommendation: The Administration recommends that the City Commission approve the item. The City of Miami Beach levies a three percent resort tax on the rent of every occupancy of a room or rooms in any hotel, motel, rooming-house, or apartment house in the city. Operators of the aforementioned establishments are responsible for the collection and reporting of taxes collected at their premises. This tax is imposed on any rents, paid by a lessee or occupant, for rental periods shorter than six months. All taxes collected by operators are required to be held in trust for the account of the city until payment thereof is made to the city. Each operator is required to file a return for each tax period even though no tax may be due. Operators that do not traditionally have rental periods shorter than six months are required to file on an annual basis as opposed to filing a monthly return. Annual returns are due May 20th of each year for the preceding tax period of May 1st through April 30th. The City currently assesses a late reporting penalty of $25 per month for annual resort tax returns that are filed late and where no tax is due to the City. These penalties are capped at $500.00 per return. Operators that have no resort tax to report and fail to file an annual return for several tax periods, may be penalized up to $500 for each annual report that is not filed timely. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 L~ 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Le islative Tracking: Patricia D. Walker, ext. 6461 Si n-Offs: Financial Officer GPE POW T:IAGENDA\2014\Februa MIAMI BEACH 706 Account Approved City Man JLM AGENDA ITEM ___.R~S ........ /'-1__,__ DATE z~ /2~/lf MIAMI BEACH City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov TO: FROM: Mayor Philip Levine and Member Jimmy L. Morales, City Manager COMMISSION MEMORANDUM of the ct;;mission DATE: February 12, 2014 SUBJECT: Resort Tax FIRST READING 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 102 ENTITLED "TAXATION," BY AMENDING ARTICLE IV ENTITLED "RESORT TAX," BY AMENDING DIVISION 4 ENTITLED uTAX,'' BY AMENDING SECTION 102- 314 ENTITLED "PENALTIES AND INTEREST," BY AMENDING SUBSECTION F THEREOF REGARDING THE ESTABLISHMENT OF A FIXED LATE REPORTING PENAL TY FOR ANNUAL RETURNS FILED LATE WHERE NO TAX IS DUE; 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 March, 2014. BACKGROUND The City of Miami Beach levies a three percent resort tax on the rent of every occupancy of a room or rooms in any hotel, motel, rooming-house, or apartment house in the city. Operators of the aforementioned establishments are responsible for the collection and reporting of taxes collected at their premises. This tax is imposed on any rents, paid by a lessee or occupant, for rental periods shorter than six months. All taxes collected by operators are required to be held in trust for the account of the city until payment thereof is made to the city. Each operator is required to file a return for each tax period even though no tax may be due. Operators that do not traditionally have rental periods shorter than six months are required to file on an annual basis as opposed to filing a monthly return. Annual returns are due May 201h of each year for the preceding tax period of May 1st through April 30th. The City currently assesses a late reporting penalty of $25 per month for annual resort tax returns that are filed late and where no tax is due to the City. These penalties are capped at $500.00 per return. Operators that have no resort tax to report and fail to file an annual return for several tax periods, may be penallzed up to $500 for each annual report that is not filed timely. 707 Commission Memorandum Resort Tax February 12, 2014 Page 2 of 2 Resort tax penalties are in place to encourage operators to file on a timely basis. Penalties and interest charges are in effect to penalize operators that collect resort taxes, but fail to remit payment to the City in a timely manner. An unintended consequence of the penalties in place for operators is the large penalty for annual filers with zero taxes to report. The Administration is recommending the City Commission review the penalties in place and levy a more appropriate penalty for offenses, and accordingly update Appendix A of the City Code. Administration is recommending the late reporting penalty be set at $50 for each annual resort tax return that is filed late and where no tax is due to the City. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. There are currently 1,062 operators that report on annual basis. Penalties collected from annual filers for the calendar year 2013 totaled $9,250. CONCLUSION The Administration recommends that the City Commission: 1. Approve the subject Ordinance at First Reading, and set a Second Reading Public Hearing for March, 2014; JLMIPDW/GPE/MM T:IAGENDA\2014\February\Resort Tax Annual Returns Penalty-MEMO 1st Read.docx 708 ORDINANCE TO BE SUBMITTED 709 1\1\iA/\1\1 BEACH JOSE SMITH, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Philip Levine Members of the City Commission Jimmy Morales, City Manager Ralph Granado, City Cl_e-~k _'.. r;. ·.L Jose Smith, City Attorf,~Jv;if"' February 12, 2014 "----"fl---l AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE 111, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2-27, ENTITLED "RESERVED," TO CREATE A snTH VOTE REQUIREMENT FOR THE CREATION OF AGENCIES, BOARDS AND COMMITTEES; PROVIDING EXCEPTIONS THERETO; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Pursuant to the request of Commissioner Deede Weithorn, the above- referenced Ordinance is submitted for consideration by the Mayor and City Commission at the February 12, 2014 City Commission meeting. F:\ATTO\TURN\MEMOS\Requiring A 5-7th Vote To Create Agencies, Boards, And Committees.docx 710 Agenda Item RS tJ Date J-(l-N ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2-27, ENTITLED "RESERVED," TO CREATE A 5/7TH VOTE REQUIREMENT FOR THE CREATION OF AGENCIES, BOARDS AND COMMITTEES; PROVIDING EXCEPTIONS THERETO; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, due to recent efforts to streamline and provide greater efficiency in the City's boards, the Mayor and City Commission deem it in the best interest of the City that, subject to limited exceptions, a 5/?1h vote of the City Commission be required for the creation of new City agencies, boards, and committees. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article 111, entitled "Agencies, Boards and Committees," of Chapter 2, entitled "Administration," of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 2 Administration * * * ARTICLE Ill. Agencies, Boards and Committees * * * Division 1. Generally * * * Sec. 2-27. Reserved s17th Vote Requirement for Creation of Agencies, Boards. and Committees; exceptions. a) The creation of any City agency, board, or committee shall require a 5/?1h affirmative vote of the City Commission. b) This section shall not apply to: 1) ad hoc agencies, boards. and committees: 711 2) agencies, boards, or committees created by the Mayor as a Mayor's board or committee; 3) any agency, board, or committee created pursuant to federal. state, or county Jaw, or by contract, which does not require a 5/71h affirmative vote of the City Commission for its creation. 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 provislons 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 throwgh denotes deletions (Sponsored by Commissioner Deede Weithorn) MAYOR PHILIP LEVINE F:'ATTO\TURNIORDINANC\Sec 2-27 5 ?th Vote for Creation of Boards.docx 2 712 THIS PAGE INTENTIONALLY LEFT BLANK 713 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 Generallv" Ke Intended Outcome Su orted: Attract and maintain a workforce of excellence, control costs of payroll including salary and fringes/minimize taxes/ensure expenditure trends are sustainable over the Ion 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 that the omission of the "last three years" was not intentional and therefore recommends that the definition of the FAME for members hired prior to September 30, 2013, be amended to include both the highest three years and 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 Rufe 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. Ordinance 2013-3817 also amended the definition of "employee" as a Plan member to allow new firefighters and police officers to join the pension plan upon employment, rather than at the end of their probationary period. The Chief of Police is a member of the Miami Beach Employees' Retirement Plan (MBERP) because he never held a classified position in the police department and was, therefore, ineligible to join the Fire and Police Pension Plan. According to the pension attorney for the Fire and Police Pension Plan, the recently amended definition of employee excluded the Chief of Police from joining the Fire and Police Pension Plan because he was not hired on or after September 30, 3013. The proposed ordinance seeks to clarify the definition of employee by specifically excluding any unclassified fire or police employee who was hired before September 30, 2013 whose initial employment with the City was in the unclassified service and who continuously remained a member of the unclassified service after that date to remain a member of MBERP. The Pension Board Actuary for the Plan estimates the financial impact of this change to be minimal since there is a small group of future members that this will impact The Administration will provide the Mayor and Commission with the impact statement upon receipt from the Pension Board Actuary. 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 Februarv 2014 Citv Commission rneetina. Adviso ust29,2012 Source of Amount Funds: 1 FY2013/2014 NIA c 2 FY2014/2015 N/A 3 FY2015/2016 NIA OBPI Total NIA 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 orovided orior to the City Commission meetina. Cit Man er mmy L. Mor~les, ,_.-/-- MIAMI BEACH 714 AGENDA IT M _,R:.....:_s~o"'="--~- DATE '2.--•(t;..-Jq ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miamibeachfl.gov C MMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 FIRST READING SUBJECT: 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. ADMINISTRATION RECOMMENDATION The administration recommends approving the ordinance and setting a second reading and public hearing at the March 5, 2014, City Commission meeting. BACKGROUND On July 17, 2013, the City Commission ratified a collective bargaining agreement covering the period October 1, 2012 through September 30, 2015, between the City of Miami Beach and the IAFF, subject to ratification by the IAFF membership. On August 7, 2013, the IAFF confirmed ratification of the contract by a majority of their voting membership. On July 19, 2013, the City Commission ratified a collective bargaining agreement covering the period October 1, 2012 through September 30, 2015, between the City of Miami Beach and the FOP, subject to ratification by the FOP membership. On September 11, 2013, the City Commission adopted a resolution accepting the amended 2012-2015 collective bargaining agreement with the FOP. The administration received direction from the City Commission to negotiate changes to the Fire and Police Pension Plan that would generate a savings of $6 -$8 million from the City's Annual Required Contribution (ARC) in the first year. In addition, negotiated pension changes were to yield recurring, annual savings from the City's ARC, as well as a reduction to the Unfunded Actuarial Accrued Liability (UAAL). 715 City Commission Memorandum February 12, 2014 Fire and Police Pension -1•t Reading Page 2 of4 Information in the memorandum accompanying Ordinance 2013-3817, focused on highlighting the changes that reflected upon the successful negotiation of terms and conditions in line with the direction the administration had received. They included, but are not limited to: • Increasing the number of years for the computation of the Final Average Monthly Earnings (FAME) for employees hired after September 30, 2013; • Reducing the maximum benefit from 90 to 85 percent of pensionable earnings with a finite number of employees excluded from this change; • Reducing the vesting period from ten to five years; • Limiting the purchase of prior creditable service to military service; • Applying statutory changes where overtime toward the FAME is limited to a maximum of 300 hours and the dollar value of accrued leave cannot be used to increase the pension benefit; and • All new hires to become members of the Fire and Police Pension Plan effective upon their hire date and will start contributing 10.5 percent of their pensionable earnings immediately, rather than at the end of their probationary periods. At the July 17, 2013 City Commission meeting, the City Commission adopted a number of policies and guidelines relating to the City's two pension plans. Therefore, included in the amendments to the Fire and Police Pension ordinance were the following pension policies: • The City shall fund at least the normal cost of pension. If this exceeds the amount of the actuarially determined annual required contribution, the excess should be placed in a pension stabilization fund, to be made available for future pension shortfalls. • The City should require 5, 10 and 20 year projections of required pension contributions as part of the annual actuarial valuations for each of the City's pension plans. These projections shall be based on the current actuarial assumptions for each plan. The projections shall be updated to reflect the cost of any proposed benefit enhancement before the City Commission agrees to the enhancement. The cost of these studies shall be funded separately from the annual contribution to the pension plan • There shall be an experience study of each of the City's pension plans' actuarial assumptions performed by an actuary that is independent from the pension board. The experience study should be conducted at least once every three years to compare actual experience to the assumptions. The independent actuary shall make recommendations for any changes in assumptions based on the results of the experience study, and any deviations from those assumptions by the pension boards shall be justified to the City Commission. Ordinance 2013-3817 incorporated language to address these adopted policies and guidelines. ANALYSIS To allow new firefighters and police officers to join the pension plan upon employment, rather than at the end of their probationary period, the definition of employee had to be changed in the ordinance. The proposed and subsequently adopted language read as follows: "Employee means any full time employee who is certified as a firefighter as a condition of employment in accordance with section 633.35, Florida Statutes. and whose duty it is to extinguish fires. to protect life or to protect property, and any full time employee who is certified or required to be certified as a law enforcement officer in compliance with section 943.1395, Florida Statutes. who is vested with authority to bear arms and make arrests. and 716 City Commission Memorandum February 12, 2014 Fire and Police Pension -1st Reading Page 3 of 4 whose primary responsibility is the prevention and detection of crime of the enforcement of the penal. criminal. traffic. or highway laws of the state. RegtJlar memeer of the police departFRent or fire elopartment who has attaineel rea1:1lar oi'«il serviee stat1:1s in sueh department 1:1nder the official classifications of positions in the elassified service of the Girt. having a rank in such department other than civilian rank and other than the classification of school gtJard. Unless they ha'«O never held classified positions with the Cit•;, the chief of the police and fire departments shall be considered Employees for the p1:1rposes of this System. The new definition of employee changed the status by requiring any certified firefighter or police officer whose position is in the unclassified salary group, who is hired on or after September 30, 2013, to become a member of the Fire and Police Pension Plan. The current Chief of Police is a member of the Miami Beach Employees' Retirement Plan (MBERP) because he never held a classified position in the police department and was, therefore, ineligible to join the Fire and Police Pension Plan. Based on a legal opinion from the Fire and Policy Pension Plan attorney and the City's pension attorney, the recent amendment to the definition of employee excluded the Chief of Police because he was not hired on or after September 30, 2013. The proposed ordinance aims to clarify the recently amended definition by stating that any employee hired prior to September 30, 2013 whose initial employment with the City was in the unclassified service and who continuously remained a member of the unclassified service after that date shall remain a member of the MBERP for as long as employee as an unclassified employee, and shall not be eligible to participate in the Fire and Police Pension Plan. When the vesting period was reduced from ten to five year, the actuarial finding was that there was no real impact on the plan because their evaluation included only classified service employees who tend to have long careers with the City. However, the inadvertent inclusion of unclassified personnel in the definition of employee allows someone to come to the City late in his or her career and retire with full benefits at age 50 with only five years of service. The actuary for the Fire and Police Pension Plan anticipates the financial impact of this change to be minimal since this change only impacts a small group of individuals. At the time of this writing, the actuary has not provided this analysis. This information will be provided to the Mayor and City Commission upon receipt. 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. The actuarial impact statement is provided as an attachment to this memorandum. 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 717 City Commission Memorandum February 12, 2014 Fire and Police Pension -1st Reading Page 4 of 4 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 47 and the Rule of 70, with no minimum age requirement. After consulting with the City's counsel and counsel for the IAFF, the parties negotiated and entered into a Memorandum of Understanding (MOU) that made members hired under the consent decree ellgible 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. The MOU was ratified by resolution at the January 15, 2014, City Commission meeting. 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. 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 BAC'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 March 5, ~City Commission meeting. '. u JLM/KGB/SC- t:\agenda\2014\february\fire and police pension\fire and police pension ordinance clarification memo 1st reading.doc 718 ORDINANCE TO BE SUBMITTED 719 COMMISSION ITEM SUMMARY Condensed Title: Consenting to the appointment of Virgilio Fernandez as the Fire Chief and Fire Marshal for the City 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 reestablish the leadership of the City's Fire Department. In doing so, I have appointed Virgilio Fernandez as the City's Fire Chief and Fire Marshal effective February 18, 2014. Chief Virgilio Fernandez has served for 8 Y:z years as the Fire Chief and Fire Marshal of the City of Hollywood, Florida, overseeing a department with 223 sworn firefighters plus 41 full-time civilian positions. He also oversees the Ocean Rescue unit, which includes 26 full-time lifeguards and 33 part-time lifeguards. Before joining Hollywood in 2005, Virgil spent 23 years with the City of Miami Department of Fire-Rescue, where he rose to the rank of Assistant Fire Chief. I have personally known Chief Fernandez for nearly 20 years and can attest to his leadership and character. The decision to name a new chief is not a criticism of the past nor of Chief Otero's tenure. Rather, it is a vision for what I think this department can achieve. By bringing in someone with some outside perspective and experience at one of the finest departments in the state, we can re-examine our policies and procedures and implement new training and leadership development that will move this department rapidly forward. Chief Fernandez also brings his training and experience as the Fire Marshal at both Miami and Hollywood, and can help address the many issues identified in our Fire Prevention Department over the years. The goal is to achieve the highest level of excellence in our fire rescue and ocean rescue services. 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. Cardena, as the Director of the Code Compliance Department for the City of Miami Beach. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Sylvia Crespo-Tabak, Human Resources Si n-Offs: T:\AGENDA\2014\February\V Fernandez\V Fernandez Summary.docx 721 Account Approved Agenda Item R7 A Date i-1 l-l'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 DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH 1 FLORIDA, CONSENTING TO THE APPOINTMENT OF VIRGILIO FERNANDEZ AS THE FIRE CHIEF AND FIRE MARSHAL FOR THE CITY OF MIAMI BEACH, FLORIDA. 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 Virgilio Fernandez as the Fire Chief and Fire Marshal for the City of Miami Beach, Florida. 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 reestablish the leadership in the Miami Beach Fire Department by appointing a new Fire Chief who is able to provide an fresh perspective to the organization. Chief Virgilio Fernandez has served for 8 % years as the Fire Chief and Fire Marshal of the City of Hollywood, Florida, overseeing a department with 223 sworn firefighters plus 41 full-time civilian positions. He also oversees the Ocean Rescue unit, which includes 26 full-time lifeguards and 33 part-time lifeguards. Before joining Hollywood in 2005, Virgil spent 23 years with the City of Miami Department of Fire-Rescue, where he rose to the rank of Assistant Fire Chief. I have personally known Chief Fernandez for nearly 20 years and can attest to his leadership and character. The decision to name a new chief is not a criticism of the past nor of Chief Otero's tenure. Rather, it is a vision for what I think this department can achieve. By bringing in someone with some outside perspective and experience at one of the finest departments in the state, we can re-examine our policies and procedures and implement new training and leadership development that will move this department rapidly forward. Chief Fernandez also brings his training and experience as the Fire Marshal at both Miami and Hollywood, and can help 722 City Commission Memorandum -Consenting and Confirming Virgilio Fernandez Fire Chief and Marshal February 12, 2014 Page 2 of 2 address the many issues identified in our Fire Prevention Department over the years. The goal is to achieve the highest level of excellence in our fire rescue and ocean rescue services. Our current Chief, Javier Otero, has agreed to stay on until Chief Fernandez arrives and to overlap for a couple of weeks to assist in the transition. Chief Otero will then return to the rank of Captain, as is his right pursuant to the City's civil service system, for the remainder of his time in the DROP. I want to thank him for his continuing service to the City. CONCLUSION 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 Virgilio Fernandez as the Fire Chief and Fire Marshal for the City of Miami Beach,11~rida, effective February 24, 2014. JLM/Ki~sc-i\@ t:\agenda\2014\february\v fernandez\v fernandez chief memo.docx 723 RESOLUTION TO BE SUBMITTED 724 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, in full and final settlement of 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 ("Production Sud Audit"). 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 four (4} separate management and operating agreements ("Agreements"); to wit: Three with The Market Company, Inc., for the operation of the Green Markets on Lincoln Road, Espanola Way and Normandy Isle, and one with 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 30, 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 dosed. 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 reviewing the proposals submitted by proposed qualifiers and the evaluation committee's recommendations. The City's internal auditors conducted an audit of the Street Markets Agreements and found that Production Sud owed the total sum of $25,378.50 (inclusive of interest totaling $1,336.75), ("Production Sud Balance"), which sums Production Sud has paid in full. 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"). In good faith, Production Sud has paid $10,000.00 as settlement of the outstanding Production Sud Late Charges, contingent upon approval of said settlement by the Mayor and City Commission. Since the Production Sud Late Charges accumulated over a period of three years 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 RECOMMENDATION A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the City Manager to accept the settlement, in the amount of $10,000.00, in full and final settlement of the Production Sud Late Charges, totaling $205,350.00, found to be due and owin the Ci , ursuant to the Production Sud Audit. Advisory Board Recommendation: n/a Financial Information: Source of Funds: Amount n Total OBPI Financial Impact Summary: NIA City Clerk's Office Legislative Trackin Max Sklar, Extension 6116 Sign-Offs: Department Director Assistant City MS __ KGB T:\AGENDA\2014102-12-14\Antiques Colleclibles Penallies Per Audit Summa f9 MIAMI BEACH 725 Account Approved \ AGENDA ITEM----"R-'-7_8_ DATE J-12-/ l/ (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 331 39, www.miamibeachfl.gov COMMI SION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 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, IN FULL AND FINAL SETTLEMENT OF THE LATE CHARGES, TOTALING $205 1350.00 ("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 11 2010 THROUGH MAY 51 2013 ("PRODUCTION SUD AUDIT"). 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 30, 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 1 si, 2009. It should be noted that shortly after the renewal options were approved, the Espanola Way Street Market was closed due to lack of interest by the vendors. The renewal terms were due to expire on September 30, 2012 and on September 12, 2012, pursuant to the recommendation of the FCWPC, the City Commission adopted Resolution No. 2012-27997, 726 -------------------- Antiques & Collectibles Penalties Per Audit City Commission Meeting February 12, 2014 Page 2 of4 extending the Management Agreements in effect, on a month-to-month basis, for a period ending May 31, 2013. The Resolution further authorized the Administration to begin working on a new RFP process to solicit interest in managing and operating street markets on Miami Beach in one or more of the four locations identified above, as well as to explore expanding the scope to include other areas of the City, provided the identified locations have the support of the respective neighborhood and/or neighborhood association, do not interfere with traffic circulation and parking and don't pose any life-safety and/other code-related problems. Staff required additional time to complete the RFP process and On May 8, 2013, the City Commission adopted Resolution No. 2013-28212, extending the Management Agreements in effect, from June 1, 2013 until such ti me as a new contract for the Street Market( s) was executed. On July 17, 2013, the Mayor and City Com mission authorized Request for Proposal No. 2013- 31 ?ME, for the management and operations of the Street Markets by a qualified firm. The City is in the process of reviewing the proposals submitted by proposed qualifiers and the evaluation committee's recommendations. ANALYSIS The Antiques & Collectibles Market, operated by Production Sud, Inc. ("Production Sud"), is held on Sunday with operating hours of 9:00 a.m. until 6:00 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 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) with an established minimum guarantee (MG), which is currently 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 orderto 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 Late fees in connection with gross receipts payments; 727 $ 2,845.14 $ 1,249.00 $ $ 154.52 154.42 Antiques & Collectibles Penalties Per Audit City Commission Meeting February 12, 2014 Page 3 of4 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, 201 O 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 ($100.00 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. 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 paid the total sum of $10,000.00 as a settlement of the outstanding Production Sud Late Charges, totaling $205,350.00, contingent upon approval of said Setttement by the Mayor and City Commission. 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. Based upon such mitigating circumstances, the Administration seeks authorization from the Mayor and City Commission to proceed with its recommendation. CONCLUSION AND RECOMMENDATION 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, in full and final settlement of the 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, 2010 through May 5, 2013. 728 Antiques & Collect;bles Penalties Per Audit City Commission Meeting February 12, 2014 Page 4 of4 Jj"\KGtS\GNT A;hments: "A"' Summary of Current Terms for Street Markets "8" Production Sud Audit T:/Agenda/2014/February 12, 2014/Antiques Collectibles Penalties Per Audit Memo February 12, 2014 729 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 Tenn 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 1s1, 2006 September 30111, 2009 September 30 111 , 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 cleaning 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 Normandv VifJage Osle) Street Market Operator: The Market Company, Inc. -Claire & Don Tomlin (305) 775-2166 Use: Schedule of Operation: Location: Commencement Date: Rent Commencement Date: Initial Term Ending Date: Renewal Term Ending Date.· Term: • Initial Term: • Renewal Term: Security Deposit: Rent Amount: • Additional Rent: Open Air Street Market, Arts and Crafts Merchandise, Plants and Cut Flowers, Fruits, vegetables, and other edible foods, Live Entertainment Days: Saturdays Only Time: Saturday 9:00am to 5:00 pm Normandy Isle, Rue Vendome, south side of fountein October 1st, 2006 October 1st, 2006 September 30111 , 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" 730 Market Summaries Antiques and Collectibles Market Operator: Production Sud, Inc. -Tony Angione & Lou Bondi (305) 336-1049 Use: Schedule of Operation: Location: Commencement Date: Initial Tenn Ending Date: Renewal Tenn Ending Date: Term: • Initial Term: • Renewal Term: Security Deposit: Rent Amount: • Lincoln Road Open Air Street Market -Antiques. Vintage Goods, and/or Collectibles Days: Sundays only (twice monthly, October -May) Time: Sunday 9:00am to 6:00pm Lincoln Road, bet Jefferson Avenue & Michigan Avenue October 1st, 2006 September 30, 2009 September 30, 2012-Extended on a month-to-month basis Three (3) years Option to renew three (3) additional years. Exercised -Exercised on July 1, 2009. $2,500.00 MG $30,870.00or12.5 % gross receipts whichever is greater Additional Rent: Field Monitor $20.84 Dollars per hour. Reflects renewal term increase of 5% per contract year; Pressure cleaning on a quarterly basis paid to the City in the amount of $100; 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 731 (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 7~ 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 2012/13 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 market 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 adequately monitored the concesslonaire'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 We ore comm/ired lo providing excellent public senrlce and safely 10 oN Wio /Ive, work, and ploy in oor vibronl, '1op«:al, hlSlolic community. Exhibit "B" 732 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 en our slte 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 receiving 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 it 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 2of17 733 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November6, 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 that 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 market 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 100 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 furnish 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 3of17 734 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 of the meters on the 1600 blocks of Jefferson and Michigan Avenues. • $266.67 annually to help cover the cost of pressure cleaning the concession area to be paid as follows: $100.00 by December 31 5\ another $100.00 by March 31i• 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 10/01/12 -Total By 2010/11 2011/12 03/31113 Revenue (6 MONTHS) Source Rent (12.5% of Gross Receipts) $35,750 $34,835 $35,723 $106,306 Off-Duty Police Officer $6,800 $7,335 $11,190 $25,325 Field Monitor $662 $640 $583 $1,885 Meler Space Rentals $3,130 $5,060 $5,110 $13,300 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 Resulting in the Concessionaire Owing the City a Total of $12,364. 68 Plus Potentially the Cost of the Audit are Listed The following financial deficiencies totaling $12,364.68 were found after conducting inquiries with key personnel and reviewing Production Sud, lnc.'s (concessionaire) provided documentation: Page 4 of 17 735 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 tlNo 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 each 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 associated 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 lnto 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 five 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 April 21, 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 term, of the Agreement, Concessionaire shall pay the City, on a monthly basis, and within thirly (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 ...... The term "gross receipts" is understood to mean all income, whether collected or accrued, derived by the Concessionaire Page 5of17 736 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 law 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 (October 9, 2011, April 29, 2012 and April 21, 2013) during the audit period that the concessionaire owes an additional $2,880.00 to the City excluding late 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 herein." 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 ($100.00 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 end understands that a Field Monitor, who will report to and be under the direction of the City, is required to and be under the direction of the City, is required for a minimum of two (2) hours daily on Day(s) of Operation.... Concessionaire's responsibHity for the costs associated with said Fiefd Monitor position for the initial tenn shall be limited to eighteen ($18.00) dof/ars per hour {10101106 -09130109). During the renewal term, said limit shall be increased by five (5%) percent per contract year {$18.90 for 10101/09 - 09130110, $19.85 for 10/01110 -09130/11, and $20.84 for 10101111 -09130112 and 10101112 -09130113}." 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 17 737 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 "The City shall be responsible for paying all costs associated with such audits, unless the audit(s) reveals a deficiency of five 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, within 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 for 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 audlt 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 7of17 738 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 the 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 reimbursement 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% threshold 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 wnich he monitors, such as, number of vendors and/or tents present at a particular day; whether or not said vendor was using e!ectricity at the s!te, whether or not there was security present and also spot check vendors in order to ascertain how much they are paying for their spaceftents 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 17 739 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. With 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 Supplemental 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 will 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 9of17 740 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 Received 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 C1Yy, 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 it 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 of 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 Audit 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 fate 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 hls 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 10of17 741 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 Administration 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 Terms during a Sunday May 5, 2013 Site Visit 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 between 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 DO 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 11of17 742 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 a. The 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 readers. 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 1100 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 morning 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 and or space (booth) rental, be consistent with the price schedu/e(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 City 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 end acknowledges that any discounted prices it may offer for the rental of facilities shall not in any way reduce the amount of remuneration due to the City, 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 provlded 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 17 743 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 extra tents at no charge during slower markets to make them fuller and more attractive to patrons as confinned 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 Production 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 201 O to 2013. It is also an industry standard to allow 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 the following terms that are in need of revision: a. Section 3.10 of the signed concession agreement states that the 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 r:iot apply to them as they were properly charged instead as "agents, broker, dealers ... • during the audit per;od unbeknownst to the Redevelopment Coordinator. Page 13of17 744 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 furnish 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 omitted" 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 annually 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 wlth any found differences immediately addressed with the Licensing Section and the concessionaire. b. The next approved concession agreement should require a larger security deposit 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. Housing and Community Development): 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 /east 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, if 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 14of17 745 Internal 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 Office 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.PA 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 Coordinator or his Designee with Updated Insurance Policy Certificates to Help Ensure that Sufficient Coverage was 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 ne:xt year. Concessionaire Responses: Regarding the 23'a Jan 2012 expired insurance certificate; the City's Redevelopment Coordinator received a copy of our insurance policy covering 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 17 746 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 8. Finding: Off-Duty Police 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 market 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 the 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 requires that the Police Department be paid in advance Jn 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 Monitor), 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 17 747 Internal Audit Report Production Sud, Inc. Management and Operation Agreement Audit November 6, 2013 JJS:MC:mc F:\OBPl\$AUDllNTERNAL AUDIT FILESIOOC12-13\REPORTS-FINALIPRODUCTION SUD, INC. RPT.docx (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, Produc1ion Sud, Inc. Page 17of17 748 RESOLUTION NO. ----- RESOLUTION OF THE MAYOR AND 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, IN FULL AND FINAL SETTLEMENT OF 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"). WHEREAS, pursuant to Resolution No. 2006-26281, the City entered into four (4) separate management and operating agreements {"Agreements") with respect to the management and operation of green markets and an antique and collectibles market ("Street Markets"); and WHEREAS, the City entered into an agreement with Production Sud, Inc. ("Production Sud"), for the management and operation of an Antique and Collectibles Market on Lincoln Road ("Production Sud Agreement"), for an initial three (3) year term, commencing October 1, 2006, and terminating on September 30, 2009, with one three (3) year renewal period; and WHEREAS, on July 1, 2009, the City approved the sole renewal option, extending, the initial term for an additional three (3) years, through September 30, 2012; and WHEREAS, on September 12, 2012, The City adopted Resolution No. 2012- 27997, 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; and WHEREAS, on May 8, 2013, the City Commission adopted Resolution No. 2013-28212, extending the Agreements, from June 1, 2013, until such time as new contracts for the Street Market(s) were executed; and WHEREAS, the City's internal auditors conducted an audit of the Production Sud Agreement for the period from October 1, 2010, through May 5, 2013, and found that Production Sud owed the total sum of $25,378.50, inclusive of interest, in the amount of $1,336.75 ("Production Sud Balance"), plus 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"); and WHEREAS, Production Sud has paid the Production Sud Balance and has offered as payment the total sum of $10,000.00, in settlement of the outstanding Production Sud Late Charges; and WHEREAS, the Production Sud Late Charges accumulated over a period of three (3) years during the time when the owner for Production Sud had been sick and, 749 under such mitigating circumstances, the Administration recommended acceptance of this settlement. 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 accept a settlement, in the amount of $10,000.00, in full and final settlement of 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, relating to the Antiques and CoUectibles Market, for the period from October 1, 2010 through May 5, 2013. PASSED and ADOPTED this ____ day of February, 2014. Mayor ATTEST: City Clerk T: Agenda/2014/February 12/Antiques Collectibles Penalties Per Audit Reso February 12, 2014 )--3-1.\- ttornW.C\~ Data 750 JOSE SMITH, CITY ATIORNEY OFFICE OF THE CnY ATTORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Philip Levine Members of the City Commission Jimmy Morales, City Ma .. , . .9 r . / Ralph Granado, City Clerk tf'. . u Jose Smith, City Attorne~ / · "'-(/ February 12, 2014 A Resolution Sunsetting the Fine Arts Board effective September 30,2014 Pursuant to the request of Commissioner Joy Malakoff, and the recommendation of the Neighborhoods/Community Affairs Committee, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 12, 2014 City Commission meeting. This Resolution is a companion item to the Ordinance sponsored by Commissioner Malakoff which provides comprehensive amendments to Chapter 2 of the City Code to streamline and to provide greater efficiency with regard to the City's boards and committees. F:\A TTO\TURN\MEMOS\A Resolution To Sunset The Fine Arts Board.docx Agenda Item Rl C.. Date z ... /z-/Cf 751 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE AT ITS JANUARY 30, 2014 MEETING TO REPEAL RESOLUTION NOS. 10840 AND 2000-24216 AND TO SUNSET THE CITY OF MIAMI BEACH FINE ARTS BOARD EFFECTIVE SEPTEMBER 30, 2014. WHEREAS, the City of Miami Beach Fine Arts Board was created pursuant to Resolution No. 10840, and its composition was amended pursuant to Resolution No. 2000- 24216; and WHEREAS, pursuant to the City Commission's adoption of legislation sponsored by Commissioner Joy Malakoff, the City has streamlined its boards and committees so that they may function more efficiently; and WHEREAS, at the January 15, 2014 City Commission meeting, the sunset of the Fine Arts Board was referred to the Neighborhoods/Community Affairs Committee for its consideration; and WHEREAS, at its January 30, 2014 meeting, the Neighborhood/Community Affairs Committee recommended that the Fine Arts Board should sunset effective September 30, 2014; and WHEREAS, the Mayor and City Commission accept the recommendation of the Neighborhood/Community Affairs Committee to sunset the City of Miami Beach Fine Arts Board effective September 30, 2014. NOW, THEREFORE. BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach Fine Arts Board shall sunset effective September 30, 2014 and Resolution Nos. 10840 and 2000- 24216 are repealed effective September 30, 2014. PASSED AND ADOPTED this ____ day of February, 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK 752 tv\IAMI BEACH JOSE SMITH, CITY ATIORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Philip Levine Members of the City Commission Jimmy Morales, City Manager Ralph Granado, City Clerk Jose SmITh, City0ttorn~p February 12, 2014.._ __ /( l A Resolution Sunsetting The Flooding Task Force Ad Hoc Committee effective May 31, 2014 Pursuant to the request of Commissioner Joy Malakoff, and the recommendation of the Neighborhoods/Community Affairs Committee, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 12, 2014 City Commission meeting. This Resolution is a companion item to the Ordinance sponsored by Commissioner Malakoff which provides comprehensive amendments to Chapter 2 of the City Code to streamline and to provide greater efficiency with regard to the City's boards and committees. F:\ATTO\TURN\MEMOS\A Resolution Sunsetting The Flooding Task Force Ad Hoc Committee.docx 753 Agenda Item Rl D Date d:-l'l..-f 4 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2013-28305 AND ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS JANUARY 30, 2014 MEETING TO SUNSET THE FLOODING TASK FORCE AD HOC COMMITTEE EFFECTIVE MAY 31, 2014. WHEREAS, the Flooding Task Force Ad Hoc Committee was created by Resolution No. 2013-28305 to address flooding issues in the City; and WHEREAS, the Mayor and City Commission have adopted legislation sponsored by Commissioner Joy Malakoff which makes comprehensive changes to the boards and committees established in Chapter 2 of the City Code so that the boards and Committees established therein may function more efficiently; and WHEREAS, at the January 15, 2014 City Commission meeting, the phased sunsetting of certain boards and committees was referred to the Neighborhood/Community Affairs Committee (NCAC); and WHEREAS, at its January 30, 2014 meeting, the NCAC recommended that certain boards to be abolished should sunset effective May 31, 2014; and WHEREAS, the mission and purpose of the Flooding Task Force Ad Hoc Committee will be served by the newly formed Mayor's Blue Ribbon Panel on Flooding Mitigation and the newly created Flood Mitigation Committee, a Commission Committee, which will address issues related to flooding and sea level rise in the City, and therefore, the Flooding Task Force Ad Hoc Committee should sunset; and WHEREAS, the Mayor and City Commission accept the recommendation of the NCAC that the Flooding Task Force Ad Hoc Committee should sunset effective May 31, 2014. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the recommendation of the Neighborhood/Community Affairs Committee is hereby accepted and the Flooding Task Force Ad Hoc Committee shall sunset effective May 31, 2014 and Resolution No. 2013-28305 shall be repealed effective May 31, 2014. PASSED AND ADOPTED this ____ day of February, 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK F:V\TTO\TURN\RESOS\Repealing Flood Task Force.docx 754 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Findings And Recommendation Of The City Manager In Declaring An Emergency Pursuant To Subsections 287.055(3)(A)(1) And (9)(C)(5), Florida Statutes, All As More Specifically Set Forth In This Resolution And The Accompanying Commission Memorandum; And, As Permitted Pursuant To Section 2-367(E) Of The City Code, Waiving, By snths Vote, Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The City Manager To Take The Following Actions To Procure The Necessary Emergency Design And Construction Services For The Project, Pursuant To A Negotiated Design-Build Contract: 1) Prepare, Whether Through The City's Public Works Department Or Through Retention Of An Outside Design Criteria Professional, As Determined By The City Manager A Design Criteria Package (DCP) Which Complies With The Specification Set Forth Under Section 287.055(2)(J), Florida Statues; 2) Upon Completion Of The DCP, Authorizing The City Manager To Negotiate And, If Successful, Execute A Design-Build Contract, With A Guaranteed Maximum Price (GMP) For The Duplicate Stormwater Pump Stations For 141 h Street, 1 oth Street And 5th Street With The Firm Of Bergeron Land Development, Inc. Who, As The FOOT Contractor For The Alton Road Improvements With The Mayor And City Clerk To Execute A Contract Not To Exceed Total Costs Of $11,250,000 subject to a proposed Capital Budget Amendment scheduled for March 5, 2014. Supporting Data (Surveys, Environmental Scan, etc.): During a recent customer survey 44% of residents and 45% of businesses rated storm dralna e as excellent or ood. Item Summary/Recommendation: The Florida Department of Transportation (FOOT) is constructing Alton Road from 5m Street to Michigan Avenue. The existing drainage system of Alton Road has a combined stormwater piping for both FOOT and the Clty's stormwater runoff. The FOOT proposed design requires a separation of the City's stormwater and the FOOT stormwater. FOOT will only be building a pump system specifically for the runoff from Alton Road. The FOOT plans do not include any improvements on the City's existing outfalls. When complete, the FOOT stormwater system will have a pump station operating to handle stormwater runoff and have a built in device to prevent tidal flooding. The City stormwater drainage system will continue to allow tidal flooding. FOOT will not complete their stormwater pump stations until the summer of 2015 and has no plans to prevent tidal flooding of the Alton Road ROW for the King Tides schedule to occur on October 8, 2014. The City's ROW of West Avenue, Bay Road at 14th Street and 10th Street will have no protection from tidal flooding. To protect life, health and property the City Manager can declare a state of emergency. The Public Works Engineering Division has discussed design and construction of similar stormwater pump stations coordinated with FOOT contractor Bergeron Land Development Inc., who has designed the FOOT pump station at 5th Street, 10th Street, and 14th Street to provide for the future drainage requirement for 5th Street, 10th Street, and 141h Street west of Alton Road for the City. Bergeron Land Development, Inc. has estimated the cost of each of the pump stations to be $3.2 M. Contingency and project management costs are proposed to total $11,250,000 subject to a proposed Capital Budget Amendment scheduled for March 5, 2014. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I NIA Financial Information: Source of Funds Amount Account lt'4W, I $11,250,000 South Point Capital Funds (389) $3.750 M for 6" St. and from Water line of credit (429) $7.5 M for stormwater project ~ Total $11,250,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: Si tor Assistant Ci MT T:\AGENDA\2014\February\Sth 1 Oth and 14th Street pump stations /\/\IA/\/\I BEACH 755 \ Agenda Item Date fr1 .e=: _ ~-rz.-1q MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE CITY MANAGER IN DECLARING AN EMERGENCY PURSUANT TO SUBSECTIONS 287.055(3}(A)(1) AND (9)(C)(6), FLORIDA STATUTES, ALL AS MORE SPECIFICALLY SET FORTH IN THIS RESOLUTION AND THE ACCOMPANYING COMMISSION MEMORANDUM; AND, AS PERMITTED PURSUANT TO SECTION 2-367(E) OF THE CITY CODE, WAIVERING, BY 5/7THS VOTE, COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE CITY MANAGER TO TAKE THE FOLLOWING ACTIONS TO PROCURE THE NECESSARY EMERGENCY DESIGN AND CONSTRUCTION SERVICES FOR THE PROJECT, PURSUANT TO A NEGOTIATED DESIGN-BUILD CONTRACT: 1) PREPARE, WHETHER THROUGH THE CITY'S PUBLIC WORKS DEPARTMENT OR THROUGH RETENTION OF AN OUTSIDE DESIGN CRITERIA PROFESSIONAL, AS DETERMINED BY THE CITY MANAGER A DESIGN CRITERIA PACKAGE {DCP) WHICH COMPLIES WITH THE SPECIFICATION SER FORTH UNDER SECTION 287.055(2)(J), FLORIDA STATUES, AND; 2) UPON COMPLETION OF THE DCP, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND, IF SUCCESSFUL, EXECUTE A DESIGN-BUILD CONTRACT, WITH A GARANTEED MAXIMUM PRICE (GMP) FOR THE REMAINING STORMWATER PUMP STATION FOR 5TH STREET, 10TH STREET AND 14rH STREET WITH THE FIRM OF BERGERON LAND DEVELOPMENT, INC. WHO, AS THE FOOT CONTRACTOR FOR THE AL TON ROAD WITH THE CITY MANAGER AND CITY CLERK TO EXECUTE A CONTRACT NOT TO EXCEED TOTAL COSTS OF $11,250,000 SUBJECT TO A PROPOSED CAPITAL BUDGET AMENDMENT SCHEDULED FOR MARCH 5, 2014. ADMINISTRATION RECOMMENDATION Adopt the resolution. 756 5th Street, 101h Street and 14th Street pump station waver of Bids Memo City Commission Meeting February 12, 2014 Page 2 of4 FUNDING $3,750,000 $7,500.000 $11,250,000 South Point Capital Fund 389 Line of Credit Fund 429 Total BACKGROUND The Florida Department of Transportation (FOOT) is constructing Alton Road from 5th Street to Michigan Avenue. The FOOT project has been designed as the complete reconstruction of Alton Road including three stormwater pump stations: one at 5th Street, one at 10th Street and one at 14th Street. The current design has two of these pump stations located in the middle of Alton Road and the third in the middle of 5th Street. The FOOT is considering relocating the pump stations to the City ROW at the street ends at the Bay. The existing drainage system of Alton Road has a combined stormwater piping for both FOOT and the City's stormwater runoff. The FOOT proposed design requires a separation of the City's stormwater and the FOOT stormwater. FOOT will only be building a pump system specifically for the runoff from Alton Road. The FOOT plans do not include any improvements on the City's existing outfalls. When complete, the FOOT stormwater system will have a pump station operating to handle stormwater runoff and have a built in device to prevent tidal flooding. The City stormwater drainage system will continue to allow tidal flooding. FOOT will not complete their stormwater pump stations until the summer of 2015 and has no plans to prevent tidal flooding of the Alton Road ROW for the King Tides schedule to occur on October 8, 2014. The City's ROW of West Avenue, Bay Road at 14th Street and 10th Street will have no protection from tidal flooding. ANALYSIS The Stormwater Management Master Plan has reported the area east of Alton Road and Alton Road west to the Bay will be affected by tidal flooding and major rainfall events. Rainfall events of June 5, 2009 of 9.3 inches, 3.5 hours duration caused severe flooding and loss of property. A rainfall event of June 4, 2010 of 3.7 inches, 3 hour duration caused severe flooding and loss of property. A rainfall event of July 2, 2010 of 2.1 inches and 2 hour event duration caused severe flooding and loss of property. In the fall of 2013, the City experienced severe tidal flooding. On September 20, 2013 the National Oceanic and Atmospheric Administration (NOAA) projected high tide was 0.9 feet above the projected mean high water elevation of 0.67 ft NAVO causing tidal flooding at or higher than 1.57 ft NAVO. NOAA has published tide predictions for October 8, 2014 for 1.2 feet above the projected mean high water elevation of 0.67 ft NAVO for a tidal flooding elevation of 1.87 ft NAVO. When the FOOT project is complete, the FOOT system will be pumped and the City system will remain a gravity flow. The result will be continuing tidal flooding on West Avenue, Bay Road, 61h Street, 10th Street, and 14th Street east and west of Alton Road. FOOT will not complete their stormwater pump station until the summer of 2015. The projected tidal flooding in October and November 2014 is predicted to be at a higher stage than experienced 2013. If the City takes no action, 5th Street, 1 oth Street, and 14th Street east and west of Alton Road 757 6 1h Street, 10th Street and 14th Street pump station waver of Bids Memo City Commission Meeting February 12, 2014 Page 3 of4 and West Avenue and Bay Road, will experience tidal flooding at a higher elevation than the 2013 King Tides. To protect life, health and property the City Manager can declare a state of emergency. Per subsections 287.055(3)(a)(1) and (9)(c)(6}, Florida Statutes, all as more specifically set forth in this resolution and, as permitted pursuant to section 2-367(e) of the city code, waiving, by 5/7ths vote, competitive bidding requirements, finding such waiver to be in the city's best interest, and authorizing the City Manager to take the following actions to procure the necessary emergency design and construction services for the project, pursuant to a negotiated design-build contract: 1) prepare, whether through the City's Public Works Department or through retention of an outside Design Criteria Professional, as determined by the City Manager a design criteria package (DCP) which complies with the specification set forth under section 287.055(2)0), Florida Statues; 2) upon completion of the DCP, authorizing the City Manager to negotiate and, if successful, execute a design-build contract, with a guaranteed maximum price (GMP) for the remaining stormwater pump station for 141h street, 101h street and 6th street with the firm of Bergeron Land Development, Inc. who, as the FOOT contractor for the Alton Road with the Mayor and City Clerk to execute a contract not to exceed total costs of $11,250,000. FOOT selected Bergeron Land Development Inc., as the contractor through a competitively bid procurement process. To avoid problems and construction delays, the City believes that it would be in its best interest to use the same contractor selected by the FOOT procurement process. The Public Works Engineering Division has discussed design and construction of similar stormwater pump stations coordinated with FOOT contractor Bergeron Land Development Inc., who has designed the FOOT pump station at 5th Street, 10th Street, and 14th Street to provide for the future drainage requirement for 61h Street, 10 1h Street, and 14th Street west of Alton Road for the City. Bergeron Land Development, Inc. has estimated the cost of each of the pump stations to be $3.2 M including the cost for a vortex drainage structure, dissipation box, new drainage pipe and utility adjustments. The estimate for three pump stations to be operational is $9.6 M. Staff believes it appropriate to add an additional $1.650 M representing a 10% contingency and project management costs for a total of $11,250,000. Staff has reviewed the estimated cost provided by Bergeron and will require final construction plans to be approved and price negotiated. The estimated amount being requested is a not to exceed cost and requires the City Manager's approval on the guaranteed maximum price (GMP). Further, the City is not incurring mobilization, coordination, and maintenance of traffic costs that it would if a different contractor was selected through the bidding process. As a result, staff believes that this estimated cost is very competitive compared to similar pump stations constructed by the City. Further, it has less risk of change orders associated with potential conflicts from a City contractor and FOOT contractor working within the same project limits. CONCLUSION The Administration recommends the Mayor and City Commission to protect life, health and property the City Manager should declare a state of emergency. Per subsections 287.055(3)(a)(1) and (9)(c)(6), Florida Statutes, all as more specifically set forth in this 758 61h Street, 101h Street and 14th Street pump station waver of Bids Memo City Commission Meeting February 12, 2014 Page 4of4 resolution and, as permitted pursuant to section 2-367(e) of the city code, wavering, by 5/7ths vote, competitive bidding requirements, finding such waiver to be in the city's best interest, and authorizing the city manager to take the following actions to procure the necessary emergency design and construction services for the project, pursuant to a negotiated design- build contract: 1) prepare, whether through the City's Public Works department or through retention of an outside Design Criteria Professional, as determined by the City Manager a design criteria package (DCP) which complies with the specification set forth under section 287.055(2)U), Florida Statues; 2) upon completion of the DCP, authorizing the City Manager to negotiate and, if successful, execute a design-build contract, with a guaranteed maximum price (GMP) for the remaining stormwater pump station for 14 1h street, 1 oth street and 6th street with the firm of Bergeron Land Development, Inc. Who, as the FOOT contractor for the Alton Road with the City Manager and City Clerk to execute a contract not to exceed total costs of $11,250,000 million the formal competitive bidding requirements, finding such waiver to be in the City's best interest and allowing the City Manager and City Attorney to excite the contract once the cost has been negotiated not to exceed the above budget amount subject to a proposed Capital Budget Amendment scheduled for March 5, 2014. Attachment: 1) NOAA Tide Perditions 2014 2) Stormwater Management Master Plan, Pages 2-44 to 2-57 MT/~/JJF/BAM/DCS T:IAGENDA\2014\February\Bth, 10th and 14th Street pump stations Waver of Bids Memo (f1nal).docx 759 NOAA Tide Predictions MIAMI BEACH,Florida,2014 The NOAA Tide Predictions application provides predictions in both graphical and tabular formats, with many user selected options, for over 3000 stations broken down by key areas in each state. Users can also access stations via the Google map interface. Additional Information can be found in the help page. Station Types: The NOAA Tide Predictions application provides predictions from 2 distinct categories of stations at over 3000 locations: Harmonic -The predicted height values for Harmonic stations are conducted by combining the harmonic constituents Into a single tide curve. Subordinate -The high and low height values for Subordinate stations are obtained by means and differences, and ratios applied to the full harmonic constant predictions at a specific Harmonic station (a Reference station). Disclaimer: The official Tide prediction tables are published annually on October 1, for the following calendar year. Tide predictions generated prior to the publishing date of the official tables are Sllbject to change. The predictions from the web based NOAA Tidal Predictions are based upon the latest information available as of the date of your request. Tide predictions generated may differ from the official published predictions If information for the station requested has been updated since the publishing date of the official published tables. Generalfld 011: Tue f'ob 04 2.3:4():32 GMT 2014 760 Page 1 of 5 Time h m 1 01:24 AM w gr~~~~ • 07:59 PM Sl•ti onld; ~TZ3 l 70 Souroo:NOAAJNOSICO-OPS Sliltion Type:H•rmoniu Timo Zonc;LST/LDT Datuin:rnaari high water (MHW)"' January Haig hi n cm -3.3 ·101 0.6 18 -2.9 -88 0.4 12 Tim a h m 16 01:58AM Th gn~~ O 08:24 PM Height n ·2.8 -0.1 -2.6 -0.3 cm ·85 1 -i~ Sa -9 Time h m 02:53AM 09:09AM 03:21 PM 09:31 PM February Haight ~ cm -3.5 -107 0.4 12 -3.4 -104 0.3 9 Time h m 16 02:47 AM Su 08:59AM 03:06 PM 09:15 PM NOAA Tide Predictions MIAMI BEACH,Florida,2014 Times and Heights of High and Low Waters Height ft cm -2.9 -88 1 :g:~ ..8~ Se ·0.2 -6 • Time h m 01:47 AM 08:00 AM 02:11 PM 08:23 PM March Haight II cm -3.4 -104 0.4 12 -3.4 -104 0.4 12 Time h m 16 02:46AM Su 08:53 AM 03:02 PM 0 09:14 PM Heigh I ft cm -2.8 ·85 -0.1 -3 ·2.8 .S5 0.0 0 2 02:15AM ·3.4-104 1702:34AM ·2.8 -85 2 03:43AM ·3.4·104 1703:23AM -2.B -85 2 02:36AM -3.4·104 1703:22AM ·2.B .S5 06:37 AM 0.6 18 0B'53AM -0.1 -3 09:57 AM 0.3 9 M 09;32 AM -0.2 -6 08:47 AM 0.4 12 09:27 AM ·0.1 -3 Th 02:47 PM -J.O ·91 F 03:02 PM -2.6 -7B Su 04:11 PM -3.3 -101 03:43 PM -2.9 -Sa Su 02:59 PM ·3.4 ·104 M 03:37 PM ·2.9 ·88 08:52 PM 0.4 12 09:01 PM -0.3 -9 10:23 PM 0.2 6 09:53 PM -0.2 -6 09:13 PM 0.4 12 09:51 PM 0.0 O 3 03:07 AM ·3.3 -101 18 03;11 AM ·2.B -05 3 04:34 AM -3.2 -98 18 04:00 AM -2.8 -85 3 03:24 AM -3.3 -101 18 03:59 AM ·2.8 -85 F 09:28AM 0.6 18 S 09:28/\M -0.1 -3 M 10:46AM 0.2 6 T 10:07AM -0.2 -8 M 09:33AM 0.3 9 T 10:02AM -0.1 .3 03:39 PM -3.0 -91 a 03:37 PM -2.6 -79 05:01 PM -3.2 ·9B u 04:20 PM -2.9 -66 03:46 PM -3.4 -104 u 04:14 PM -2.9 -88 09:46PM 0.4 12 09:39PM -0.3 -9 11:16PM 0.1 3 10:33PM -0.3 -9 10:01 PM 0.3 9 10:30PM 0.0 0 4 ~~:~: t~ -~g 19n:i~~~ =~:~ -~ 4 n~~~~ ~:g .96 19~~:~~~ =~:~ -~~ 4 ~ri:n: ~:l -9~ 19~g~: :g -~~ Sa 04:32 PM -3.0 -91 Su 04:13 PM -2.6 -79 Tu 05:53 PM -3.1 -94 W 05:00 PM -2.9 -88 Tu 04:33 PM -3.2 -96 W 04:52 PM ·3.0 -01 10:41PM 0.3 9 101BPM -0.3 -9 11:17PM ·0.3 -9 10:50PM 0.1 3 11:11PM 0.0 O 5 04:54 AM -3.1 .94 20 04:25 AM -2.6 -79 5 12:11 AM -0.1 -3 20 rr~~: ·2.6 -79 5 04:59 AM -2.9 ·BS 20 05:17 AM -2.6 -79 Su 6~:~g ~ 1~ -9~ M ~:~~ ~ :g:~ -i~ w ~~:~~ ~ :~:g ~~ Th 05:45 PM :g:~ :J~ w 6~:g~ ~~ .g:~ -9~ Th 6n~ ~ :g:~ .a~ 11:3BPM 0.1 3 10:59PM -0.4 -12 06:47PM ·2.9 -88 11:41PM -0.t .3 11:55PM -0.1 ·3 6 05:49 AM ·2.9 -86 21 05:05 AM -2.6 -79 6 01 :09 AM -0.3 -9 21 12:07 AM -0.4 -12 6 05:48 AM ·2.7 -82 21 06:01 AM -2.5 -76 M ~~:g~ ~~ j:~ -8~ Tu ~~:~~ ~ :g:~ _J Th ~n~ ~~ :6:~ :;~ F m~ ~~ :6:~ :rn Th 6U~ ~~ :g:~ .a~ F i~:g~ ~~ :~:~ .a~ 11:44 PM -0.4 -12 0 07:45 PM -2.8 ·85 06:38 PM -2.8 -85 7 12:39AM 0.0 0 22 05:48 AM ·2.5 -76 7 02:11 AM ·0.5 ·16 22 01:04 AM ·0.4 -12 7 12:34 AM ·0.3 -9 22 12:46 AM -0.1 -3 Tu 8ttig ~ -~:3 ·7 ~ w ti~:~~~~ :~:~ :~~ F g~:~g ~ ~:i :U sa g~;~~ ~ :~:; :rn F ~~::l ~ :~:! :rn sa ~n~ ~~ :~:j -~~ 07:22 PM -2.B -65 08:45 PM -2.7 -62 () 07:40 PM -2.8 -85 07:05 PM -2.7 ·82 07:17 PM -2.8 -85 s gi:~~: -g-~ _7 ~ 23 i~:~~ ~ :g:~ :~~ s g~:~~: t~ :~g 23 g~:~:: ~:: :g s gn~: ~:; :g 23 8n~: :g:~ _7 ~ W 01 :58 PM :0:2 ·6 Th 12:46 PM -0.4 -12 Se 03 21 PM -0.7 ·21 Su 02:21 PM -0.5 -15 Sa 01:41 PM -0.6 -18 Su 01:57 PM -0.3 -9 Cl 06:22 PM -2.7 ·62 07:10 PM ·2.7 -82 09:45 PM -2.6 ·79 08:48 PM -2.S -86 0 08:03 PM ·2.5 ·76 08:20 PM -2.7 -82 9 02:47 AM ·0.2 .I) 24 01:34 AM ·0.5 -15 9 04:16 AM -0.5 ·15 24 03:18 AM -0.4 ·12 9 03:33 AM ·0.5 ·15 24 02:48 AM -0.2 -6 Th 8~:~~ ~ :U -~g F ~u~ ~~ :~:~ :;~ Su ~:~g ~ :~:~ :~~ M ~~:~~ ~ :~:~ :\~ Su g~::~ ~ :~:~ :~i M g~:g~ ~~ :~:; -~~ Oll:22 PM ·2.7 -82 Cl 08:09 PM ·2.7 -82 10:41 PM ·2.7 ·82 09:57 PM -2.9 -88 10:05 PM -2.4 -73 () 09:30 PM -2.7 -82 10 8~:~g: :g:~ -i~ 25 02:36 AM tj :i~ 10 ~~;1~ z:l :g:~ :}8 25 ~~:~~ ~ ~:~ -~ 10 ~~:~~: t~ :~~ 25 ~~:~ri: j:~ -i~ F 03:56 PM -0.4 -12 Sa g~::~ ~ -0.4 -12 M 05:14 PM -0.6 -18 Tu 04:40 PM ·0.2 -B M 04:46 PM ·0.7 ·21 Tu 04:20 PM -0.2 ·6 10:19 PM ·2.7 -82 09:13 PM -2.B -85 11:31 PM -2.7 -82 11:01 PM -3.1 -94 11:05 PM -2.4 ·73 10:41 PM -2.7 -82 11 04 10 :.4 5 8 4 ~~ ·0.3 -9 26 03:43 Afli -0.3 -9 11 05:57 AM -0.4 ·12 26 05:25 AM 0.0 0 11 05:31 AM ·0.5 -15 26 05:04 AM -0.1 -3 S ""' ·2.3 -70 Su 0 0 9 3 :.4 5 9 1 APMM -2.4 -73 Tu 0 12 6 :.0 0 4 1 PPMM -2.4 ·73 W 11:35 AM ·2.9 -BB Tu 11:42 AM -2.2 ·67 W 11:17 AM -2.6 ·79 a 04:50 PM -0.4 ·12 -0.3 -9 -0,6 ·18 05:42 PM 0.0 0 05:43 PM ·0.6 ·18 05;29 PM -0.1 ·3 11:11 PM -2.7 -82 10:17PM -3.0 -91 11:59PM ·2.5 -78 11:47PM ·2.B ·85 12~~:~~~ ~:~ _7g 27~6:~~~~ :g:~ _7g 126~:~~~ :~:~ i~ 27~:~ri~ ·~·~ -9g 12~~:~6~ t~ ·jg 27~n~~~ g-g ·Bg Su 05:40 PM -0.4 ·12 M 04:55 PM -0.2 -6 w 12:45 PM ·2.5 :16 Th 12:30 PM .3:1 -94 w oe:33 PM -O:s :15 Th 06;31 PM ·a: 1 3 11:58PM -2.7 ·82 11:18PM -3.2 ·98 06:44PM ·0.5 ·15 06:39PM 0.2 6 13 06:25 AM -0.2 -6 28 n:~i: 0.0 0 13 12:57 AM -2.8 -85 28 12:55 AM -3.3 -101 13 12:46 AM -2.6 -79 28 12:46 AM -2.9 -88 M 6~;~g ~~ :~:: :rn Tu 05:55 PM -~:g -8~ Th gn~ ~~ t~ -7~ F gn~ ~ -~:~ -10~ Th 8t~~ ~ ~:~ :i~ F gn~ ~ x~ -9~ 07:24 PM -0.4 ·12 07:33 PM 0.3 9 07:17 PM ·0.4 ·12 07 27 PM 0.3 9 14 12:40 AM ·2.8 -85 29 12:16 AM -3.3 -101 14 01;35 AM ·2.9 -88 Tu g~:~~ ~~ :g:1 -i~ W ~~:!~ ~~ t~ .g~ F Si;~~~~ t~ -S~ 07:06 PM -0.3 ·9 08:52 PM 0.2 8 0 06:02 PM ·0.3 -9 1501::?.0AM -2.8 -85 3Q01:09AM -3.5 -107 1502:11AM ·2.9 -~~ w 8i:~8 ~~ g~ -i~ Th gug ~~ ~:~ -9~ sa g~;~~ ~~ ~:~ .a5 07:45 PM ·0.3 -9 e 07:46 PM 0.3 9 06:39 PM -0.3 -9 31 02:02 AM -3.5 -107 F 08:20 AM 0.4 12 02:31 PM -3.3 -101 08:39 PM 0.3 9 14 01:28 AM -2.6 ·79 29 gn~ ~~ ·3.0 ·91 F g~:~~ ~ t~ -i~ Sa 02:03 PM .g:~ -9~ 07:58 PM -0.2 -5 08:18 PM 0.4 12 S1a5 0002~'::2~ B7B AMPAMM ~:~ -~~ 36 0 ~~:~~: ·5:! ·7~ -2.7 ·82 u 02:50 PM -3.3 -101 08:36 PM -0.1 -3 e 09:06 PM 0.5 15 31 03:17 AM ll -~~ M gg:~~ ~~ ·3.3 -101 09:53 PM 0.5 15 Dlsclalmar: These data are based upon the lataat lnforma~on availablo as of the dale of your requoat, end rnEY differ from Iha published Ilda tablas . .. W11mlng:Tha abovo prodlctiong rerorred lo MHW and nol lfl ttie chmt datum uf MLLW: Therolcmi shoulc1 nol be used Im n11v1gallon purp()~ti8. G!illGrele~ 011: Tue Pab 04 23:46:32 GMT 2014 Pago 2 oro 761 ~~~· I J . ~. ' -. Time h m 1 04;02AM Tu 10:07 AM 04:20 PM 10:39PM 2 04:47 AM w 10:50 AM OG:04 PM 11:24PM 3 05:32 AM Th 11:34AM 05:49 PM 4 12:10AM F 06:18AM 12:19PM 06:35 PM 5 12:59AM Sa 07:08AM 01:08 FM 07:25 PM 6 01:51 AM Su 08:02 AM 02;03 PM 06:20 PM 7 02:47 AM M 09:01 AM 03:04 PM () 09:20PM 8 03:47 AM Tu 10:02AM 04:07 PM 10:21 PM 9 04:44 AM w 10:59 AM 06:07 PM 11:18 PM 10 05:35 AM Th J~;~~~ 11 i~:gg: F 12:33 PM 06:45 PM 12 6~:8t~ Sa 01;13PM 07:27 PM 13 01:35 AM 07:40AM Su 01:61 PM 08:07 PM 1402:15AM M 08:17 AM 02:29 PM 08:47 PM 15 g~;~~~ Tu 03:07 PM 0 09:27 PM S11tiunld:&123 l 70 Souo·co:NOANNUSICO-OPS Slntlon Type:H,.rmonic Time Zonc:LST/LDT Datum:moan high water (MHW}"• April Height Time Height ll om h m ft cm -3.0 -91 16 03:34AM -2.6 ·79 0.3 9 w 09:34AM 0.1 3 -3.2 -98 03:47 PM -3.0 -91 0.4 12 10:08 PM 0.3 9 -2.B -85 17 04:15AM -2.B -79 0.1 3 Th 10:15AM 0.1 3 ·3.1 -94 04:29 PM -3.0 -91 0.2 6 10:52 PM 0.3 9 -2,7 -82 18 04:59 AM -2,6 -79 0.0 0 F 10:59 AM 0.1 3 -2,9 -88 05:15 PM -2.9 -88 11:39 PM 0.2 6 0.0 0 19 n::~~~ -2.5 -76 -2.6 ·76 a.o 0 -0.2 ·6 Sa 06:06 PM -2.8 -85 -2.7 -82 -0.2 -6 20 6~·~1 ~~ 0.1 3 -2.3 -70 ·2.4 -73 -0.4 -12 Su 12:44 FM -0.1 -3 -2.5 -76 07:03 PM -2.7 -82 -0,3 .g 2101:29AM o.o 0 -2,1 -64 M 07:41 AM -2.4 -73 -0,5 -15 01:48 PM -0.1 -3 -2.3 -70 08:07 PM -2.6 .79 -0.4 -12 22 02:32AM -0.1 -3 -2.1 -64 Tu ~~:~~~ ·2.4 -73 ·0.6 -18 -0.2 -6 "2.2 -67 () 09:17 PM ·2.5 -76 -0.5 -16 23 0339AM -0.1 -3 -2.1 -64 W 09:55AM -2.5 -76 -0.6 -18 04:10 PM -0.1 -3 -2.2 -67 10:26 PM -2.5 -76 .Q,4 ·12 24 ~tri1~ 0.0 0 -2.1 -64 -2.6 .79 ·0.5 -15 Th 05;17 PM 0.0 0 ·2,2 -67 11:31 PM -2.6 .79 -0.4 -12 25 05:43AM 0.1 3 ·2.3 -70 F 12:00 PM ·2.8 -85 -0.4 -12 06;18 PM 0,2 6 -2.3 -70 26 6ng~~ -2.7 -82 -0.3 -9 0.2 6 ·2,4 .73 Sa 12:53 PM -2.9 -88 -0.2 ·6 07:12 PM 0,3 9 -2.4 -73 21~n~~ ·2.7 ·62 ·0.2 -6 0.2 6 -2.6 -79 Su 01:42 PM -30 -91 -0.1 -3 08;02 i"M 0.4 12 -2.5 -76 28 02:11 AM -2.B -85 -0.1 -3 M 08:14 AM 0.3 9 -2.7 ·B2 02;28 PM -3. 1 -94 0.1 3 08:48 PM 0.5 15 -2,B -79 29 g~:~~~~ -2.8 -85 0.0 0 0.2 6 -2.B ·85 TU 03:12 PM -3.1 .94 0.2 6 • 09:32 PM 0.4 12 -2.6 .79 30 03:41 AM ·2.7 -82 0,1 3 W 03.40AM 0.2 6 -2.9 -68 03:54 l"'M -3,0 -91 0.3 9 10:16 PM 0,3 9 Time /\ m 1 04:24 AM Th 10:22 AM 04:36 PM 10:58 PM 2 05:06 AM F 11:04 AM 05:18 PM 11:41 PM 3 05:50AM Sa 11:48AM 06:01 PM 4 12:25 AM Su 06:36 AM 12:35 PM 06;47 PM 5 01:12 AM M 07:26 AM 01:26 PM 07:38 PM 6 02:02 AM Tu 08:19 AM 02:23 PM 08:34 PM 7 02:56 AM w 09;15 AM 03:24 PM 0 09:33 PM 8 03:51 AM Th 10:10AM 04:23 PM 10;31 PM 9 04:43 AM F 11:01 AM 05;18 PM 11:25PM 10 06:31 AM Sa 6~:~~ ~~ 11 ~:1~: Su 12:32 PM 06:53 PM 12 12:58AM M 06:59 AM 01:15 PM 07;36 PM 13 g~;:~ ~ Tu 01;57 PM 08;20 PM 14 02:27 AM W OB:26AM 02:40 PM 0 09:03 PM 15 03;1i AM Th ~~:~~ ~~ 09:48 PM NOAA Tide Predictions MIAMI Bt:ACH,Florida,2014 Times and Heights of High and Low Waters May June Helgllt Time Height Time Height Time n om ti m n em h m It cm h m -2.6 -79 16 03:56AM -2.7 -62 1 05:23 AM -2.4 -73 16 06:22AM 0.1 3 F 09:55AM 0.2 6 Su 11:20AM -0.3 -9 M 11:27AM -2.9 ·88 04:11 PM -3.1 -94 05:31 PM -2.6 -79 06:42 PM 0.2 6 10:36PM 0.4 12 11:53 PM -0.1 -3 -2.6 -76 17 ~~:::~ -2.7 -82 2 06:05AM -2.3 -70 17 12:02AM ·0.1 -3 0.2 6 M 12:04 PM -0.4 -12 Tu 06:17 AM -2.7 -82 Sa 05:01 PM -3.0 -91 06:14 PM -2.4 .73 12:25 FM 0.1 3 11:25PM 0.3 9 06:39 PM -2.3 -70 18 05:3GAM ·2.6 .79 3 12:35AM -0.2 -6 181257AM -0.2 ·6 Su~~;:~ 0.1 3 Tu 08:60AM -2.3 -70 w gu~~ ·2.6 -79 -2.9 ·88 12:52 PM --0.5 -15 07:00 PM -2.3 -70 07:39 PM -0.1 -3 1912:18!\M 0.2 6 4 01:20AM -0.3 -9 19gn~: -2.2 ·67 M ~~:gi~ -2.6 -79 w 07:37 AM -2.2 -67 -0.4 ·12 0.0 0 01:43 PM -0,6 -15 Th 02:32 PM -2.4 -73 06:62 PM -2.8 -65 07:50 PM -2.2 .57 () 08:42 PM -0.2 -6 20 01:15AM 0.1 3 5 02:07 AM -0.4 ·12 20 02:55AM ·2.1 -64 07:30AM -2.6 ·79 Th 08:28 AM -2.3 -70 09:17 AM -0.5 -15 Tu 01:40 PM -0.1 -3 02;39 PM -0.5 -15 F 03:38 PM ·2.2 -67 07:56 PM -2.6 .79 ~ 08:44 PM -2.1 -64 09:47 PM -0.3 -9 21 02:16AM 0.0 0 6 02:57 /;M -0.4 -12 21 035SAM -2,1 "64 06:34AM -2.B -79 F 09:19 AM -2.3 -70 10:19 AM -0.5 -15 W 02:48 PM -0.1 -3 03:37 PM -0.5 -15 Sa 04:43 PM -2.1 ·64 () 09:02 PM -2.5 -76 09:41 PM -2.1 -64 10:51 PM -0.4 -12 22 03:19AM 0.0 0 7 03:49 AM -0.4 ·12 22 04:54MI -2.1 -64 Th g~:~~~ -2.6 -79 Sa 10:11 AM -2.4 .73 su ~n~~ --0.5 -15 -0.1 -3 04:33 PM -0.4 ·12 -2.1 .54 10:09 PM -2.6 -76 10:37 PM -2.2 -67 11:50PM -0.4 -12 23 04:21 AM 0,0 0 8 04:40 AM -0.4 -12 23 05:60AM -2.2 -67 F Jg:d~ ~ -2.7 ·82 Su 11:02 AM -2.6 -79 M 12:10 PM ·0.5 -15 0.0 0 05:27 PM -0.2 -6 06:37 PM -2.1 -64 11:12PM ·2,6 -76 11:31PM -2.3 -70 -0.4 -12 24~~:~g~ 0.0 0 9 05:31 AM -0.3 .9 24 12:43AM ·2.3 ·70 -2.8 -85 M 11:52 AM -2.7 -82 06:41 AM -0.3 -9 Sa 06:02 PM 0.1 3 06:17 PM -0.1 -3 Tu 12:59 PM -2.2 -67 07:26 PM -0.3 -9 25 12:11 AM -2.G -76 10 12;22 AM -2.4 -73 2501:32AM -2.4 .73 Su ~~'.~~~ 0.0 0 Tu ~~:~& ~~ -0.1 -3 w gn~~ -0.2 .a -2.9 ·88 -2.9 -88 06:55 PM 0.2 6 07:06 PM 0.1 3 08:10 PM -2.3 ·70 26 grg~: -2.6 -79 11 01:12AM ·2.5 -76 26 02:16 AM -0.2 -8 0.0 0 w g;:g~~ 0.0 0 Th gn~~~ -2.6 -79 M 01:21 PM -3.0 -91 -3.1 -94 0.0 0 07:44 PM 0.2 6 07:64 PM 0.2 6 08:51 PM ·2.4 -73 27 01:52 AM -2.6 -79 12 02:00 AM -2.6 -79 27 02:5BAM -0.1 .3 Tu g~;gg~ 0.0 0 Th 07:59 AM 0.1 3 F 08:53 AM ·2.8 -85 -3.0 -91 02:16 PM -3.2 -98 03:07 PM 0.2 6 08:29 PM 0.3 9· 08:41 PM 0.4 12 • 09:30 PM -2.5 ·76 28 ~~:~~~ -2.EI -79 13 g~:~~ -2.7 -82 28 03:38AM 0.0 0 0.0 0 0.2 6 09:34 AM -2.9 ·BB W 02:48PM -3.0 ·91 F 03;05 PM -3.3 -101 Sa 03:46 PM 0.3 9 • 09:12 PM 0.2 6 0 09:30 PM 0.4 12 10:08 PM -2.6 -79 29 03:19AM -2.6 -76 14 03:38AM -2,8 -85 29 04:16AM 0.1 3 Th 09:16 AM 0.0 0 09:39AM 0.2 B 10:14 AM -3.0 -91 03:29 PM -2.9 -88 Sa 03:56 PM -3.3 -101 Su 04:24 PM 0.4 12 09:53 PM 0.2 6 10:19 PM 0.4 12 10:45 PM -2.6 -79 30 04:01 AM -2.5 -76 15 04;29 AM -2.9 -88 30 04;55AM 0.2 6 F sni~ -0.1 -3 Su 10:32 AM 0.2 B M 10:54AM -3.1 -94 -2,8 -85 04:48 PM -3,2 -98 06;03 PM 0.4 12 10:33 PM 0.1 3 11:09 PM 0.4 12 11:22PM 31 ~d:~~~ -2.4 -73 -0.2 ·6 Sa 04:50 PM -2,7 -82 11:13 PM 0.0 0 Dlsclairnll'r. These data are bas ad upon Iha lat~t information available as of the dale of your request, and may differ from tha published tide tablGs. "*Warnlng:Tha abovo pr!lrJic1ions rcrarmtj to MHW and not to the ct11irl d~il1ir11 of MLLW: Th'dmtoro sholtl'-1 rial br1 used tor navigation purpose!!. Height n om -2.9 -88 0.2 6 -3.1 -94 0.3 9 -2.9 -88 0.1 3 -2.9 -88 0.2 6 ·2.B -85 0.0 0 -2.8 -85 0.1 3 -2.8 -85 -0.1 -3 -2.6 -79 0.0 0 -2.B -85 -0.1 -3 -2.S -76 ·0.1 -3 ·2.8 -85 -0. 1 .3 -2.4 -73 -0,2 -6 -2.8 -85 -0.1 -3 ·2.4 -73 -0.2 -6 -2.9 -88 0.0 0 ·2.4 -73 ·0,2 -6 ·2,9 -BB 0.0 0 -2.5 -76 -0,2 ·6 -2.9 -BB 0.0 0 -2.5 -76 -0.2 -6 -2.9 -88 0.0 a -2.5 -76 ·0.2 -6 -2.9 -88 0,0 0 -2.5 -76 -0.2 -6 -2.8 -85 0.0 0 -2.~ -76 -0.3 .g "2.7 -82 ·0.1 .3 ·2.5 ·76 ·0.3 -9 -2,6 .79 --0.1 -3 G>1rier~Lell On: Tue l'ab 04 23A6 3Z GMT 2014 Paye3 015 762 Time h m 1 05:34 AM 11:35AM Tu 05;42 PM Sr.tiunld:872JI 7D Source: NOi\N NOS/CO-OPS S!Hlion Type:Hnrmonic Time Zuru:;LST/LDT Datum:rnean hl1Jh Willer (MHW)" NOAA Tide Predictions MIAMI BEACH,Florlda,2014 Times and Heights of High and Low Waters Julv. August September ~~~~~~~-1-~~~~~~~T-~-~~~~~~-1-~--~~~~"'---r--~~~~~~~1 Height Time Height ft om h m ft cm -2.5 -76 16 05:58 AM -3.l .94 1 -0.4 ·12 W 12:10 PM -2.5 -76 06:21 PM 0.2 6 -3.0 -91 F TI ma h m 12:01 AM 06:16 AM 12:29 PM 06:33 PM Height n cm -0.2 -6 -2.5 -76 ·0.3 -9 -2.3 -70 Time h m 16 01:02 AM Sa 07:21 AM 01:43 PM 07:51 PM Height ft om 0.2 a 1 -2.7 -B2 M 0.2 6 -2.3 -70 Time h m 12:60 AM 07:12AM 01:37 PM 07:42 PM Height ft cm o.o a -2.3 -70 0.0 0 -1.9 -58 Time h m 16 02:24 AM Tu gg~~~~ () 09:25 PM Height a cm a.a o -2.0 -61 0.1 3 ·1.7 -52 2 12:00AM -0.2 -6 1712:35AM 0.3 9 2 12:401\M -0.2 -6 17 0 0 8 1:.5 20 eAMAM 0.0 0 2 01:45AM 0.0 0 17 03:28AM ·0.1 -3 W 06:14 AM -2.4 -73 Th 06:53 AM -3.0 -91 06:69 AM -2.4 -73 -2.6 -79 Tu 08:10 AM -2.2 -67 W 09:48 AM -1.9 -58 12:18 PM --0.4 -12 01:08 PM 0.1 3 Sa 01:16 PM -0.3 -9 Su 02:45 PM 0.0 0 02:38 PM 0.0 0 04:17 PM 0.1 3 08:24 PM -2.4 -73 07:1B PM -2.B -BS 07:W PM -2.2 -67 0 08:53 PM ·2.1 -64 Cl 08:45 PM -1.9 -68 10:29 PM -1.7 -52 3 1n9 AM -0.3 -9 18 01:30 AM 0. 1 3 3 01 :26 AM -0.3 ·9 18 02:57 AM -0.1 -3 3 02:49 AM 0.0 0 18 04:32 AM -0.1 -3 Th 0061:.'a565 AMPM -2,4 -73 F 07:50 AM -2.9 -66 Su 07:47 AM -2.4 .73 09:21 AM -2.4 -73 w 09:15 AM -2.3 -70 10:49 AM -1.9 -56 -0.5 -15 02:10 PM a.a 0 02:10 PM -0.3 .g M 03:49 PM -0.1 -3 03:45 PM 0.1 3 Th 06:14 PM 0.1 3 07:09PM -2.3 -70 08:19PM -2.6 -79 08:13PM -2.1 -64 09:58PM -2.0 -{11 09:53PM -1.9 -68 11:26PM -1.7 -52 4 01:21AM -0.4 ·12 19g~:~~~ -0.1 -3 4 02:18AM -0.3 ·9 1903:59AM -0.2 -6 4 03:66AM 0.1 3 1905:30AM 0.0 0 F gr~~~ :~:~ :rn Sa 03:14 PM :~:~ ~ M g~:i~ ~~ ~:g -~~ Tu 6~:~~ ~ :~:~ -~g Th ~:~~ ~ -~:~ • 7g F 6i:ri!: t~ -~ 07:59PM -2.2 -67 () 09:22PM -2.4 -73 () 09:13PM -2.1 -64 11:01 PM -2.0 -61 11:00PM -2.1 -64 5 02:08AM -0.4 -12 20 03:27 AM -0.2 -6 5 03:18AM --0.3 -9 20 05:01 AM -0.2 -6 5 05:07 AM 0.2 6 20 12:15AM ·1.8 -55 S 08:31 AM -2.5 -78 S 09:51 AM -2.7 -62 Tu 09:43AM -2.5 -78 W 11:21 AM -2.3 -70 F 11:29AM -2.5 -76 S 06::1.0AM 0.1 3 a 02:51 PM --0.5 -15 LI 04:19 PM -0.2 -6 04:13 PM -0.2 -6 06:49 PM -0.1 -3 05:52 PM 0.4 12 a 12:32 PM -2.0 -61 Cl 08:53 PM -2.2 -67 10:26 PM -2.3 -70 10:17 PM -2.1 -64 11:57 PM -2.0 -61 06:47 PM 0.2 6 6 02:59AM -0.4 ·12 2104:28AM -0.3 -9 6 04:19AM ·0.2 -6 2105:56AM -0.2 -6 6 12:02AM -2.3 -70 2112:57AM -1.9 -58 Su 0 0 0 3 •. :2 4 4 9 AMPM -2.5 -76 M 10:61 AM -2.7 ·82 W 10:46 AM -1<.6 -79 Th 12:14 PM -2.3 -70 Sa 00 12 :_ 2 1 9 1 AMPM 0.4 12 Su 0 0 7 1 :.0 1 4 4 AMPM 0.2 6 --0.4 -12 05:20 PM ·0.2 -6 05:15 PM --0.1 -3 06:39 PM 0.0 0 -2.6 -79 -2.0 -61 09:52 PM -2.2 -67 11:27 PM ·2.3 ·70 11:21 PM -2.3 -70 06:46PM 0.6 18 07;26 PM 0.3 9 ~ ~g:~ z:: i:~ =~~ 22 n~~ ~~ :~} .s~ ~h ~u~ Z;; ~:~ -8~ ~2 6~::~: ~: i -~~ ~~ ~rg: ~ -~:~ -~~ 22 gn~ ~ ·5·~ -5~ 04:47PM ·0.3 -9 Tu 06:16PM ·0.2 -6 06:14PM 0.1 3 01:00PM ·2.4 -73 01:26PM -2.B -85 M 01:53PM -2:1 ·64 10:51 PM -2.2 -67 07:21 PM 0.0 0 07:40 PM OJ 21 08:02 PM 0 4 12 8 04:51 AM -0.3 ·9 23 12:22 AM -2.3 -70 8 12:21 AM -2.4 -73 23 01:29 AM -2.1 -64 8 01:51 AM -2.7 -82 23 02:11 AM ·2.1 -64 Tu 6~:~ ~ :~:~ -~~ w ?n~ ~~ t~ -ti~ F ~~:~~ ~~ tri -s~ sa gug ~~ :g:l -7~ M ~n~ ~ 1~ j~ Tu g~;~~ ~~ -~ ~ -i~ 11:49PM ·2.4 -73 07:05f'M -0.1 -3 07:09PM 0.3 9 08:00PM 0.1 3 08:30PM 0.9 27 08:36PM 0.4 12 W9 ~~;~~ ~ :g:~ -a1 24 gi:~i: :~:~ -~~ 9Sa gg~ ~ -g -B~ 24 g~;~g ~ -~:~ -6~ 9Tu g~:~~ ~ -~:g -~g 24 g~:;~ ~ -~:~ -~~ 06:38 PM 0.0 0 Th 01:24 PM -2.7 ·82 01:40 PM -3.1 -94 Su 02:21 PM -2.4 .73 03:08 PM ·2.9 -88 W 03:06 PM -2.1 -64 07:48 PM ·0.1 -3 08:01 PM 0.5 15 08:36 PM 0.2 B 0 09:18 PM 0.9 27 e 09:10 PM 0.5 15 10 12:44 AM -2.5 -76 25 01:55 AM -2.4 -73 10 02:10 AM -2.9 -68 25 02:44 AM -2.3 -70 10 03:31 AM -2.9 -88 25 g~;~~:: -2.3 -70 Th g~:~ ~ J~ -9~ F g~;g~ ~~ :~:~ .ai Su gt~~~ _g:~ .i~ M ~~:~~ ~~ JJ A W ~~;~~ ~~ 1~ -~~ Th 03:42 PM J~ -~: 07:30 PM 0.2 6 08:28 f'M 0.0 0 O 08:ti1 PM 0.6 18 e 09:10 PM 0.2 6 10:06 PM 0.9 27 09:44 PM 0.5 15 11 01:37 AM -2.7 -82 26 0 0 2 8 :.3 3 5 2 AAMM -2.4 -73 11 03:02 AM -3.0 -91 26 03:18 AM -2.4 -73 11 04:19 AM -2.9 ·88 26 03:55 AM -2.3 -70 F 0 0 7 1 :_38 57 AMPM 0.1 3 S -0.2 -6 M 09: 11 AM 0.6 18 T 09:25 Ml 0.2 6 Th 10:36 AM 0.9 27 F 10:12 AM 0.6 18 -3.2 -98 a 02:45 PM -2.7 ·82 03:25 PM -3.2 -98 u 03:33 PM -2.4 .73 04:46 PM -2.8 -79 04;18 f'M -2.0 -61 08:21 PM 0.4 12 • 09:0ti PM 0.0 0 09:41 PM 0.7 21 09:43 PM 0.2 6 10:53 PM 0.8 24 10:19 PM 0.5 15 1202:29AM ·2.9 ·88 27g~;g~ -2.5 -76 120352M'I -3.1 -94 2703:53/\M -2.4 -73 1205:0BAM ·2.8 ·85 2704:32AM -2.3 -70 Sa g~;~~ ~ j:~ -10~ Su 03:22 PM t~ -81 Tu 6~S~ ~~ J~ -~~ W J~;g~ ~~ J~ -7~ F JJ:~~ ~ _g:: -~~ Sa ~~:~~ ~~ Jg -~~ 0 09:11PM 0.5 15 09:40PM 0.0 0 10:30PM 0.7 21 10:16PM 0.2 6 11:42PM 0.6 18 10:56PM 0.4 12 1303:21AM -3.0 ·91 2803:49AM -2.5 -76 130 1 4 0 :.4 5 3 6 AAMM -3.1 -94 2804:27AM ·2.4 -73 1305;56AM ·2.6 .79 2805:11AM -2.3 -70 S 09:25 AM 0.3 9 M 09:50 AM --0.2 -6 w 0.6 16 ·rh 10:36 AM 0.2 6 s 12:18 PM 0.6 18 Su 11:32 AM 0.5 15 u 03:41 PM -3.3 ·101 03:59 PM -2.7 -92 05:07 PM -3.0 -91 04:44 PM -2.3 -70 a 06:27 PM -2.2 -67 06:38 PM -1.S -58 10:01PM 0.5 15 10:15PM 0.0 0 11:19PM 0.6 18 10:50PM 0.2 6 11:3BPM 0.4 12 14~~·rn: -3.1 -94 29~g~~ -2.6 -76 140534AM -3.0 -91 2905:02AM -2.4 -73 146~:~~~ 0.4 12 2905:56AM -2.2 -67 M 04:33 PM -~:~ -16~ Tu 04:36 PM t~ -i~ Th ~~·~~ ~~ _g:: J~ F ~n~ ~ J~ -6~ Su 01:13 PM -~:! -;~ M i~:J~ ~~ t~ -~~ 10:51 PM 0.5 16 10:50PM --0.1 ·3 11:26PM 0.1 3 07:22PM ·2.0 -61 1 s ~~:~~ = -g:~ -9~ !o ~~:8J ~~ ~:~ -~ 15 cin~ ~ _g.~ -~~ 30 ~n~ ~ -~·i -7~ 15 gn~ :i _g:~ -6~ 30 6~:~f ~~ .n -6~ Tu 05;26 PM -3.2 -98 05:13 PM -2.5 -76 F 12:45 PM 0:3 9 Sa 06:02 PM -2:1 -64 M 02:11 PM 0.2 6 Tu 01:13 PM 0.4 12 11:43PM 0.4 12 11:24PM --0.1 ·3 06:54PM ·2.6 -79 08:22PM -1.B -55 07:21 PM -1.7 ·52 31 05:37 IWi -2.5 -76 Th J~:~~ ~ ~:~ -7~ 3112:05 AM 0.1 3 Su ~~;~~ ~~ -~:~ -7 ~ 05:48 PM -2.0 -61 Dlsclelmer: These data are based upon the IBtest infQrrnalion evailable as of the dute of your reques~ and may differ from Iha published tide tables. ••warnlng:Tl1a ~1bova predictions mformr1 to MHW a11d not to the chart df1tun1 of ML.LW: Tt1«lmfom snould not be used tor nuvigatlon purposiia. Generated On: Tue Feb 04 23:46:32. GM'f 2014 Pago 4 ol 6 763 Time h m 1 01 :25 Nii w 07:47 AM 02:15 PM () 08:26PM 2 02:32AM Th 08:55 AM 03:22.PM 09:36 PM 3 03:46AM F 10:06AM 04;29 PM 10:43 PM 4 04:56 Nii Sa 11:13 Nii 05:31 PM 11:45PM 5 05:59AM Su 12:14 PM 06:27 PM 6 12:40 AM M 06:56 AM 01 :09 PM 07:19 PM 7 01:32 AM TU 07:49AM 02;01 PM 08:08 PM 8 02:21 AM w 08:39 AM 02:60 PM 0 08:55 PM 9 03:09 AM Th 09:27 AM 03:37 PM 09:41 PM 10 03:55 AM F 10:15 AM 04:24 PM 10:27 PM 11 04:41 AM 11:02AM Sa 05:11 PM 11:13PM 12 05:28 AM Su 6~:56~ 13 ~~:~~ Z:1 M 12:41 PM 06;52 PM 14 ~~:5~ ~ Tu 01:35 PM 07:47 PM 15 g~;~~ z:: W 02:32PM [I 06:48 PM Staliuold:HnJ I 70 Source: NOAA/NOS/CO-OPS Station Typo; l hmnunic Time Zone:LST/l.DT Oatum:mean hlnh water (MHW)'" October Heigh! Tim a Height n cm h m n cm 0.2 6 16 02:52 AM 0.0 0 -2.0 -61 Th 09:07 AM -1.6 -49 0.3 g 03:32 PM 0.2 B ·1.7 ·62 09:49 PM -1.5 -46 0.2 6 17 03:56 AM 0.0 0 -2.0 ·61 F 10:03 AM -1.6 .49 0.3 9 04:29 PM 0.2 6 -1.B .55 10:46 PM -1.6 -49 0.3 9 18 ~u~~~ 0.1 3 -2.0 -61 -1.6 -49 0.4 12 Sa 05:20 PM 0.2 6 ·1.9 ·56 11:36 PM -1.7 -52 0.5 15 19 05:47 AM 0.2 6 -2.1 -134 11:56AM ·1.7 -52 0.6 18 Su 06:06 PM 0.3 9 ·2.2 -137 0.7 21 20 12:19AM -1.8 -55 -2.3 -70 M ~~;~g~ 0.4 12 0.8 24 -1.a .55 06:46 PM 0.4 12 -2.4 ·73 21 in:~~ -2.0 ·61 0.9 27 0.5 15 -2.4 -73 Tu 01:21 PM -1.9 ·58 0.9 27 07:24 PM Q.Q 16 ·2.6 -70 22 01:36AM ·2.1 -134 1.1 34 W 07:53 AM 0.6 18 ·2.5 -76 02:00 PM -1.9 -58 1.0 30 08:00 PM 0.5 15 -2.7 -82 23 02:12AM ·2.2 -67 1.2 37 Th 08:31 AM 0.7 21 -2.6 ·76 02:38 PM -2.0 ·61 1.0 30 • 08:37 PM 0.6 18 ·2.7 ·82 24 02:49 AM -2.3 ·70 1.2 37 F 09:09 AM 0.8 24 ·2.4 -73 03:16 PM -2.0 ·61 1.0 30 09:1l PM 0.6 18 -2.7 -82 25g~:~~~ -2.3 ·70 1.1 34 0.8 24 ·2.3 -70 Sa 03:54 PM -2.0 -61 0.9 27 09:52 PM 0.6 18 -2.6 -79 26 04:06AM ·2.3 -70 1.0 30 10:29AM 0.8 24 -2.1 -64 Su 04:36 PM -1.9 -66 0.7 21 10:34 PM 0.6 1B -2.4 -73 27 04;49AM -2.3 ·10 a.a 24 M 11:13AM 0.7 21 -2.0 -61 05:21 PM -1.9 -58 11:20 PM 0.5 15 0.5 15 28 05:37 AM -2.2 -67 -2.2 -67 Tu rini ~~ 0.6 18 0.6 18 -1.8 .55 ·1.6 -55 0.3 9 29 ~n5:: 0.4 12 -2.0 ·61 ·2.1 .54 0.4 12 W 12:56 PM 0.5 15 ·1.6 -49 07:08 PM ·1.6 ·56 0.1 3 30 01:13 AM 0.4 12 -1.8 .55 07:31 AM ·2.0 -61 0.3 9 Th 01:56 PM 0.5 15 -1.5 --46 08:12 PM -1.8 -55 31 02:22 AM 0.3 9 08:39 AM -2.0 -!i1 F 03:02 PM 0.6 15 () 09:20 PM -1.9 ·58 Time h m 1 03:34AM Sa 09:50 AM 04:07 PM 10:26 PM 2 03:43AM Su 09:57 AM 04:09 PM 10:27 PM 3 04:46 AM M 10:57 AM 05:05 PM 11:22PM 4 05:42AM 11:53AM TU 05:58 PM 5 12:13AM w 06:34 AM 12:44 PM 06:46 PM 6 01:02AM Th 07:23AM 01:32 PM 0 07:33 PM 7 01:48AM F 08:09 AM 02:18 PM 08:18 PM 8 02:32 AM $a 08:55 AM 03:03 PM 09:02PM 9 03:16AM Su 09:39AM 03:46 PM 09:47 PM 10 04:00AM M 10:24AM 04:34 PM 10:32 PM 11 04:45AM l 11:09 AM u 05:21 PM 11:20PM 12 ?~:~~~ W 06:11PM 13 J~:~2: Th 12:47 PM 07:05 PM 14 01:10AM F g;:~~~ () 08:02PM 1502:11AM 08:19AM Sa 02:36 PM 08:57 PM NOAA Tide Predli:tlons MIAMI BEACH,Florlda,2014 Times and Heights of High end Low Waters November December .. Height Time Heigh I Time Heigh I Tltne n cm h m n cm h m ft om h m 0.4 12 16 03:11 AM 0.0 0 1 03:27 Nii 0.3 9 1603:1BAM ·2,0 -S1 Su 09:17 AM ·1 .B .49 M 09:38 AM ·2.1 ·64 Tu 09:21 AM 0.5 16 03:28 PM 0.1 3 03:48 PM 0.3 9 03:23 PM ·2.0 ·61 09:46 PM ·1.B .55 10:07 PM ·2.5 -76 09:47 PM 0.5 15 17 o4:oe AM 0.1 3 2 04:30 AM 0.4 12 1704:12AM -2.0 ·61 M ~~:n~ ·1.7 -62 Tu 10:40 AM -2.2 -67 W 10:16AM 0.6 18 0.1 3 04:43 PM 0.4 12 04:14 PM ·2.2 -67 10:35 PM ·2.0 -51 11:03 PM ·2.6 .79 10:36 PM 0.7 21 18 04:55 AM 0.2 6 3 05:28AM 0,5 15 18 05:03AM ·2.1 ·64 11:00AM ·1.8 .55 w 11:36AM -2.2 -67 Th 11:07 AM 0,7 21 Tu 05:01 PM 0.2 6 06:37 PM 0.4 12 05:03 PM -2.4 -73 11:16 PM ·2.1 -64 11:55 PM ·2.7 -82 11:24 PM 0.9 27 19 05:40 AM 0.4 12 4 06:20AM 0.6 18 19 05:60 AM -2.2 -67 11:46AM -1.9 -58 Th 12:27 PM ·2.3 ·70 F 11:55 AM 0.8 24 W 05:44 PM 0.3 9 06:26 PM 0.4 12 05:51 PM ·2.6 -79 20 J~gg~ ·2.3 -70 5 12:43 AM -2.6 -65 206n~~ 1.0 30 0.6 16 F 07:07 AM 0.6 10 ·2.3 -70 Th 12:28 PM ·2.0 ·61 01:15 PM -2.3 -70 Sa 12:42 PM 0.6 24 06;26 PM 0.4 12 07:13 PM 0.4 12 06:39 PM -2.7 -82 21 ~~:~g~ -2.4 .73 6 01:29AM ·2.8 ·85 21 6g~z:: 1.0 30 0.6 18 Sa 07:52 AM 0.6 18 ·2.3 -70 F 01:09PM -2.1 ·64 02:00 PM -2.3 -70 Su 01:28PM 0.8 24 07:06 PM 0.4 12 0 07:57 PM 0.4 12 07:26 PM ·2.7 ·82 22 01:21 AM -2.5 -76 7 02:12AM ·2.7 ·82 22 01:43AM 1.0 30 07:44 AM 0.7 21 Su 08:35 AM 0,6 18 M g~:~~~ -2.3 -70 Sa 01:51 PM -2.1 ·64 02:43 PM -2.3 ·10 0.8 24 • 07:47 PM 0.6 15 08:40 PM 0.3 9 • 08:15PM ·2.6 -79 23 02:03AM ·2,6 .79 8 02:54 AM ·2.7 -82 23 g~:~~~~ 1 .0 30 08:27 AM 0.7 21 M 09:16AM 0.5 15 ·2.2 -67 Su 02:34 PM ·2.2 ·67 03:25 PM ·2.3 ·10 Tu 03:03 PM 0.7 21 08:31 PM 0.5 16 09:23 PM 0.2 6 09:06 PM -2.5 -76 2402:47 AM ·2.6 .79 9 03:35 Nii ·2.6 -76 24 03:20AM 0.8 24 M 8~:1~~ 0.7 21 Tu 09:57 AM 0.4 12 w g~:~~~ ·2.1 -64 ·2.2 -67 04:07 PM -2.2 ·67 0.5 15 09:17 PM 0.6 15 10:06 PM 0,1 3 09:57 PM ·2.4 .73 2sg~:~~: ·2.6 -79 10 04:16 AM -2.4 .73 25 04:11 AM 0.7 21 0.7 21 W 10:38 AM 0.2 6 10:31 AM ·1.9 -50 Tu 04:06 PM ·2.2 .57 04:50 PM -2.1 ·84 Th 04:44 PM 0.4 12 10:06 PM 0.6 15 10:50 PM -0.1 .3 10:52 PM -2.2 ·67 26 04:23 AM ·2.5 ·76 11 04:59AM ·2.3 ·10 26 05:05AM 0.5 15 W 10:46 AM 0.6 16 Th 11:19AM 0,1 3 F Jg~~ ·1.8 .55 04:56 PM -2.2 .57 05:34PM -2.1 -64 0.2 6 11:03PM 0.4 12 11:37 PM ·0.2 ·6 11:51 PM -20 -61 27 05:18 AM ·2.4 .73 12 05:44AM ·2.1 -64 27 ~:~~~~ 0.3 9 Th 6~:~~~ 0.5 15 F 12:03 PM 0.0 0 ·1.7 -52 ·2.2 -67 06:21 PM ·2.0 -61 Sa 06:38PM 0.1 3 28 12:03AM 0.3 9 13 6~:~~~ -0.3 -9 28 12:54AM -1.8 -55 F ~n~~ ·2.3 ·70 ·2.0 -61 07:04AM 0.2 6 0.4 12 Sa 12:49 PM -0,1 .3 Su 01:17PM -1.7 -52 06:57 PM -2.2 -67 07:11 PM ·2.0 -61 () 07:39 PM 0.0 0 2901:10AM 0.3 9 14 ~g~~~ ·0.3 -9 29 g~:n: -1.7 -52 ·07:23 AM ·2.2 -67 -1.9 -58 0.1 3 Sao1:41PM 0.3 9 Su 01:39 PM .Q,2 -6 M 02:19PM -1.7 -52 () 06:01 PM -2.3 -70 () 08:03 PM ·2.1 -64 06:43 PM -0.1 .3 3o~n~~ 0.3 9 15 02:20AM ·0.3 .g 30 03:08/\M ·1.6 -49 -2.1 -64 08:23AM ·1.9 ·56 09:16AM 0.1 3 Su 02:44 PM 0.3 9 M 02:31 PM ·0.2 -6 TU 03:21 PM ·1.7 -52 09:06 PM ·2.3 -70 08:55 PM -2.1 ·64 09:45 PM 31 04:13AM 10:20AM W 04:21 PM 10:44 PM Disclaimer: These data are based upon Iha latest Information available as of the date of your request, and may differ from the published Iida tables. ••warnlng;The abova rrndiclions r<:furrml l!l MHW and not lo ltl~1 uhsr! dijt1m1 of MLLW: Thernfora si1ot1ld nol bo used For mwigHtlon purposes. Height n cm ·0.3 .g ·1.9 ·56 ·0.2 ·6 ·2.3 ·70 .Q.1 ..a ·2.0 ·61 ·0.2 -6 -2.4 .73 0.0 0 ·2.1 -64 -0.1 -3 ·2.6 -79 0.1 3 ·2.2 -67 0.0 0 -2.6 -65 0.3 9 ·2.4 .73 0.2 6 ·2.9 -88 0.4 12 -2.5 -76 0.3 9 ..a.o ·91 0,5 15 -2.6 .79 0.3 9 ·3.1 .94 0.6 15 ·2.7 -62 0.3 9 -3.0 -91 0.5 16 ·2.7 -82 0,3 9 -3.0 -91 0.4 12 ·2.8 ·85 0.3 9 -2.8 ·65 0.3 9 ·2.7 -62 D.2 6 ·2.7 -62 0.2 6 -2.7 -62 0.1 3 -2.5 ·76 0.1 3 -2.7 -82 o.o 0 -2.4 -73 0.0 0 ·2.7 ·82 0.0 0 ·2.3 ·70 -0.1 -3 ·2.7 -82 0.0 0 ·2.3 -70 -0.1 -3 ·2.8 -86 Generaroci On: Tue Fab 04 2346 32 GMT 2014 Paga 5 of 6 764 Section 2 • DaLi i.lnj \!let110doiu;"Y ... ~···~~---~----------------t-- 2.3.9.4.5 Stormwater Master Plan Approach to Evaluation of Sea-Level Rise Based on the volitility in long-term projections, the analysis discussed later in this report recognizes the following: • Master Plan Capital Improvement Projects are for a 20-year period. • Sea level rise projections are made on a SO-year cycle based on the high, intermediate and historic patterns as defined by the USACE (Figure 2-21) • The Best Management Practice {BMP) Treatment Train (section 2.7.3) and use of backflow prevention devices is applicable for both 20 and 50 year periods • As more definitive instruction becomes available from international (IPCC), Federal, State, and local (CCATF), the BMP concept can be modified to store and or convey more flow to address higher tida I conditions. 2.3.10 Model Calibration/Verification Model validation refers to reviewing model results, comparing them to expected, reasonable values or those measured in the field during an actual rainfall event, the adjusting model parameters if needed to better match model result with values. This exercise serves as verification of the model results, and helps to establish model reliability. The model was developed using measured and standard literature values for the modeling parameters. During validation, parameter values were fine-tuned until the model output was consistent with the in-situ data. 2.3.10.l Flow and Rainfall Measurements The City currently does not have an operating flood stage or stormwater flow measurement system. Therefore, validation based on formally measured stages and flows was not possible. However, some stage estimates could be made from past flood events, as discussed below. 2.3.10.2 SWMM Validation Model parameter estimates were checked for validity during design storm events as possible. The following is a summary of data collected and used to validate the SWMM for various locations in Miami Beach. Investigations including photo-archive retrievals, field visits, photography in combination with flood depth measurements and discussions with City staff were performed as part of the activity. Storm event rainfall data was retrieved from City of Miami Beach rain gages and tidal data retrieved from NOAA. Table 2-5 presents the rainfall events utilized as part of the validation effort and the associated rainfall gage. CDNI (M3132.S..Cl.CM8_SWMP.doc• 2-44 765 Table 2-5 Model Validation Events Rainfall Event Date Depth Rainfall Event Duration Rain Gage (in) (hr) June 5, 2009 9.3 3.5 City of Miami Beach (Flamingo Park) City of Miami Beach June 4, 2010 3.7 3 (Flamingo Park) July 2, 2010 2.1 2 City of Miami Beach (flamingo Park) 2.3.10.2.1 June 5, 2009 Storm Event The June 5, 2009 rainfall event began around 1:00 pm, lasting until approximately 4:30 pm, totaling approximately 9.3 inches of rainfall depth as shown in Photograph 2-3A, 2-38, and 2-3C. Historical photos were collected from various sources and flooding locations were identified using high resolution aerial images. Figure 2-22 summarizes the model results against the field observations at the intersection of 14th Street and Alton Road, which presently is served by a CVS pharmacy. Table 2- 6 shows the model estimated flooding at an elevation of 3.0 ft-NAVD while field observations estimated flooding at an elevation of 3.0 ft-NAVD ±. Photograph 2-3A shows the observed flooding at this location. Table 2-6 June S, 2009 Storm Field Verification/Model Comparison Model Estimated Flood Field Estimated Flood Location Elevation Elevation (ft-NAVO) (ft-NAVO) 14th Street & Alton Road OJS 3.0 3.0± 10th Street & Alton Road 2.7 2.7 ± 16th Street & Meridian Av 3.0 3.2 ± ~MJ 132 .sea .CM a_SWMP.doc> 2-45 766 ; f i 1.93 . . 3.01 . . Lege::imated Flooding Ac~] 610 •1•·· .. :~:~:" 2.68 •. • • Survey Elev (ft-NAVO) Source SurveY": FOOT • June 5, 2009 Storm Event (9.3 inches) 14th Street & Alton Road Flood Verification 0 100 ••-===••••-Feet 25 50 767 Figure 2-22 Photograph 2-3A: Flooding at 141h Street and Alton Road -14 inch flood depth (June 5, 2009) Figure 2~23 and Table 2-6 show for the intersection of 101 h Street and Alton Road that the model estimated flooding at an elevation of 2.7 ft-NAVD while field observations estimated flooding at an elevation of 2.7 ft-NAVD ±. Photograph 2-38 shows the observed flooding at this location. KMll32.Scc2.CMB_SWMP.docx 768 1034 Alton Road Field Estimate Location Estimated Depth= 12"(1.0') Observed Flood Elev=+!-2.7 ft-NAVO Modeled Flood Elev = 2. 7 ft-NAVO Legend Estimated Flocding Area • Survey Elev (ft-NAVD) 1.66 • 1.8~ • 1.83; • 1.89 ,..,~,-: • 2.03 • 0.58 • 1.76 • 0.68 • ~ 07 -1.3 • 1 43 • 1.76 • 1 53 0 1.43 • 1.5 • +' 2.29j: • Scurco Sur-.y: FOOT .rh_ June 5, 2009 Storm Event {9.3 inches) 10th Street & Alton Road Flood Verification ~,ST 0 25 50 769 100 Feet Figure 2-23 CDNI Photograph 2-36: Flooding at 10th Street and Alton Road -12 inch flood depth (June 5, 2009) Figure 2-24 and Table 2-6 show for the intersection of 161 h Street and Meridian Avenue that the model estimated flooding at an elevation of 3.0 ft-NAVO while field observations estimated flooding at an elevation of 3.2 ft-NAVD ±.Photograph 2-3C shows the observed flooding at thls location. Photograph 2-3C: Flooding near 1610 Street and Meridian Avenue -3 inch flood depth (June S, 2009) The rn del results for the June 5, 2009 event are summarized ln Table C~9 of the Appendix. See Appcn ix E for all photos taken during the field visils. 2.3.10.2.2 June 4, 2010 Storm Event The Jui~::: 4, 2010 storm event began at approximately 4:00 pm, ending before 7:00 pm, totaling approx, ,1dtely 3.7 inches in rainfall depth as measured from, Miami Beach rain gage located in ~M3132.Sec2.CMB_5WMP.dac• 770 2-49 Section 2 • D2ta and Methcdology -·,~-.. _._,, ________________ ....... ..,.__ Photograph 2-SC: Flooding at 101 h Street and Alton Road -approximately 4 inch flood depth at road crown (July 2, 2010) 2.3.10.2.4 Middle and North Beach Validation Validation sources were more limited for the Middle and North Beach locations. No photographic evidence of flooding was available for these locations. Therefore, the validation effort consisted of review of the 5-yeur capital plan developed as part of the 1997 SWMP comparing the identified priority for Middle and North Beach HUs in comparison to model results. Additional validation was performed by comparing identified repetitive loss properties to locations where the model identified that the system was not meeting LOS. 2.4 Water Quality Parameters The NPDES program has established a set of parameters that are analyzed annually in order for the City to remain in compliance. The regulated entities covered by the NPDES permit are required to implement starmwater pollution prevention plans (SWPPPs) and stormwater management programs (both using BMPs) that effectively reduce or prevent the discharge of pollutants into receiving waters. In order to evaluate the expected annual and seasonal loading rates of the NPDES parameters, a WMM application was developed for the study area. The WMM evaluates the relative contribution of non-point source pollutant loads considering the existing land uses and associated event mean concentrations (EMCs), existing BMPs and their associated pollutant removal rates, and local hydrology. A detailed discussion of the WMM application to the study area is presented in Section 6, where the benefit of the pro posed BM Ps is evaluated with respect to the existing conditions. 771 2-57 'if' Road Crown Meridian Avenue Field Estimate Location Estimated Depth~ 3"(0.25'} Observed Flood Elev;;; +/-3.2 ft-NAVO Modeled Flood Elev = 3.0 ft-NAVO Legend Estimated Flooding Area • Survey Elev ft-NAVD Souree Survey: Clly of Mi~ml SeaGh 1+ JL 16th Sb Cl 5, 2009 :· :)rm Event {9.3 inches) l & M··r>_: 11 Avenue Flood Verification 772 100 Feet Figure 2-24 Section 2 • IJata Jnd ~;'eth:dokt,i ,- ---~--------·-----~-------------------- Flamingo Park. Photographs were taken at the intersection of 14th Street and Alton Road as shown in Photograph 2-4A, 2-48, and 2-4C. Figure 2-25 summarizes the model results against the field interpretation of the photographs for the 14th Street and Alton Road location. Table 2-7 shows the modeled estimated flood elevation of 2.2 ft-NAVD in comparison to the field interpretation of photos estimated flooding at an elevation of 2.0 ft-NAVD ±. Photographs 2-4A and 2-48 show the observed flooding at this location. The model results for the June 4, 2010 event are summarized in Table C-8 of the Appendix. Table 2-7 June 4, 2010 Storm Field Verification/Model Comparison Location 141h Street & Alton Road Model Estimated Flood Elevation (ft-NAVO) Field Estimated Flood Elevation (ft-NAVO} 2.0± Photograph 2c4A: Flooding at 14th Street and Alton Road --4 inch flood depth (June 4, 2010) CDM 773 '"i03ld Estimate Location timated Depth = 3"(0.25') o.n • ··.'t; ,___,,...,~, i.. ubser.,ied Flood Elev= +/-2. CJ ;: :~AVD Modeled Flood Elev:::: 2.2 fP.'f'.'.1 D Legend Estimated Floodinq A.rea • Survey Elev (ft-N. !------------· ·---- 1 Stmn;a Survov; FOOT 1+ ..... -----------·-----·- 14' . .21' 1.34 • • 1.27 l !" ,:,.3 064 . • :Q.84 • . . 1 :.l • 0.75 • i.17 • Q,81 2.68 . . .. 2.68 • l> ~ 0 z 2.65 • 2.58 • +, 2010 Storm Event (3.7 inches) ct & Alton Road Flood Verification 25 50 100 • '-JI;· r=:==:i••••• Feet 774 Figure 2·25 Section 2 • Data i!nd rvk!hccolcg~ ... -·-----~------------------- Photograph 2-48: Flooding at 14th Street and Alton Road - 3 Inch flood depth (June 4, 2010) 2.3.10.2.3 July 2, 2010 Storm frcn I The July 2, 2010 storm bega1-:1t ~' p: ·: Jximately 5:00 pm, ending before 7:00 pm, totaling approximately 2.1 inches in r: .. :p• ! 1 ,:•, rneasured from, Miami Beach rain gage located in Flamingo Park. Photographs were taken at t ·' ' · .cction of 14th Street and Alton Road as shown in Photograph 2- SA, 2-SB, and 2-SC. Figure 2-2G :,u1n11iarizes the model results against the field observations for the 14th Street and Alton Road location. Table 2-8 shows for this intersection that the SWMM estimated flooding at an elevation of 1.9 ft-NAVO while field observations estimated flooding at an elevation of 1.7 ft-NAVD ±.Photos 2-SA and 2-58 show the observed flooding and field measurement at this location. The model results fort he July 2, 2010 event are summarized in Table C-7 of the Appendix. Table 2-8 July 2, 2010 Storm Fir 'd \l(•rif ration/Model Comparison 141h Street & Alton Road 1.9 1.7 ± 101h Street & Alton r c:i:cJ 1.8 1.6 ± Figure 2-27 summarizes tho-· I r · · ults against the field observations for the 10th Street and Alton Road location for the July 2, " · ,, ,. ·it. Table 2-8 shows the model estimated flooding at an elevation 2-53 775 Legend • Esti1~nted Flooding Area Survc:y Elev (ft-NAVD) SOl41't-& SUf'l,if))': FOOT N 4& I 2.65 • 2.58 • July 2, 2010 Storm Event 14th Street & Alton Road Flood Verification 0 100 ••c==i••••• Feet 25 50 776 Figure 2-26 CDNI Legend I 157 Estimated Flooding Area • • Survey Elev (ft-NAVO) Sourc& Survey. FOOT 4?t 'V July 2, 201 O Storm Event 10th Street & Alton Road Flood Verification 0 100 ••-====-•••••Feet 25 50 777 Figure 2-27 of LB ft-NAVO in comparison to the field observation estimated flooding at an elevation of 1.6 ft-NAVO±. Photograph 2-SC shows the observed flooding at this location. Photograph 2-SA: Flooding at 141 h Street and Alton Road (July 2, 2010) Photograph 2-SB: Flooding at 141n Street and Alton Road -11" flood depth (July 2, 2010) CDM (IVl,132.Secl.CM~_SWMl'.doo 2-56 778 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE CITY MANAGER IN DECLARING AN EMERGENCY PURSUANT TO SUBSECTION 287.0SS(9)(c)(6)(a)(1 ), FLORIDA STATUTES, ALL AS MORE SPECIFICALLY SET FORTH IN THIS RESOLUTION AND THE ACCOMPANYING COMMISSION MEMORANDUM; AND, AS PERMITTED PURSUANT TO SECTION 2-367(e) OF THE CITY CODE, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE CITY MANAGER TO TAKE THE FOLLOWING ACTIONS TO PROCURE THE NECESSARY EMERGENCY DESIGN AND CONSTRUCTION SERVICES, PURSUANT TO A NEGOTIATED DESIGN-BUILD CONTRACT FOR THE REMAINING STORMWATER PUMP STATIONS FOR 6TH STREET, 10rH STREET AND 14TH STREET, WITH THE FIRM OF BERGERON LAND DEVELOPMENT, INC., THE FOOT CONTRACTOR FOR THE AL TON ROAD IMPROVEMENTS PROJECT, IN THE NOT TO EXCEED AMOUNT OF $11,250,000: 1) PREPARE, WHETHER THROUGH THE CITY'S PUBLIC WORKS DEPARTMENT, OR THROUGH RETENTION OF AN OUTSIDE DESIGN CRITERIA PROFESSIONAL, AS DETERMINED BY THE CITY MANAGER, A DESIGN CRITERIA PACKAGE {DCP) WHICH COMPLIES WITH THE SPECIFICATION SET FORTH UNDER SECTION 287.0SS(2)U), FLORIDA STATUES; 2) UPON COMPLETION OF THE DCP, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND, IF SUCCESSFUL, EXECUTE A DESIGN-BUILD CONTRACT WITH BERGERON FOR THE PROJECT; WITH A GURANTEED MAXIMUM PRICE (GMP); AND FURTHER, IF THE CITY MANAGER IS SUCCESSFUL IN NEGOTIATING THE CONTRACT, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT. WHEREAS, on June 5, 2009, Alton Road, specifically at 14th Street (CVS Pharmacy) and 101h Street, experienced severe flooding caused by a 9.3 inch rainfall event with a duration of 3.5 hours; and WHEREAS, on June 4, 2010, Alton Road, specifically at 14th Street (CVS Pharmacy) and 1 oth Street, experienced severe flooding caused by a 3. 7 inch rainfall event with a duration of 3.0 hours; and WHEREAS, on July 2, 2010, Alton Road, specifically at 141h Street (CVS Pharmacy) and 1 oth Street, experienced severe flooding caused by a 2.1 inch rainfall event with a duration of 2.0 hours; and WHEREAS, on September 20, October 19, and December 4, 2013, the City experienced severe tidal flooding caused by King Tides of 0.9 ft above mean high water, in the area of Alton Road, at 14th Street, 101h Street, and at West Avenue, severely impacting both pedestrian and vehicular traffic; and WHEREAS, the National Oceanic and Atmospheric Administration {NOAA) has predicted King Tides for October 8, 2014, to be 1.2 feet above the mean high water; and on November 5 and 8, 2014, to be 1.0 feet above the mean high water tidal flooding (higher than in 2013); and 779 WHEREAS, the Florida Department of Transportation (FOOT) has Alton Road under construction from 5th Street to Michigan Avenue (the Alton Road Improvement Project); and WHEREAS, FOOT has designed 5th Street, 101h Street, and 14th Street as pumped stormwater basins, with the stormwater pump stations to be constructed within the ROW of Alton Road to be completed by the Spring 2015; and WHEREAS, Bergeron Land Development, Inc (Bergeron) is the FOOT contractor who is in the process of redesigning the stormwater pump stations at the street end of 5th Street, 1 o•h Street and 14th Street as a cost saving initiative for FOOT; and WHEREAS, to avoid continued tidal flooding and severe flooding caused by high intensity rainfall events, the City must build its own stormwater pump stations at the same locations of the street ends of 5th Street, 10th Street, and 14th Street; and WHEREAS, to avoid coordination problems and construction delays, the City would benefit from using the same contractor selected by the FOOT procurement process (i.e. Bergeron); and WHEREAS, sufficient supporting documents has been provided to the City Manager and with due consideration of emergency conditions projected by NOAA for King Tides In the Fall of 2014; and WHEREAS, based upon initial negotiations with Bergeron, to build duplicate pump stations at the same locations, the estimated costs for the duplicate pump stations is not to exceed $3.2M each, for a total of $9.6M, with a 10% contingency for unforeseen conditions and for construction management; totaling $11.250M. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, accepting the findings and recommendation of the City Manager in declaring an emergency pursuant to subsection 287.055(9)(c){6)(a)(1 }, Florida Statutes, all as more specifically set forth in this resolution and the accompanying commission memorandum; and, as permitted pursuant to Section 2-367(e) of the City Code, waiving, by 5/7ths vote, the competitive bidding requirement, finding such waiver to be in the City's best interest, and authorizing the City Manager to take the following actions to procure the necessary emergency design and construction services, pursuant to a negotiated design-build contract for the remaining stormwater pump stations for 6th street, 101h street and 14th street, with the firm of Bergeron Land Development, Inc., the FOOT contractor for the Alton Road Improvements Project, in the not to exceed amount of $11,250,000: 1) prepare, whether through the City's Public Works Department, or through retention of an outside Design Criteria Professional, as determined by the City Manager, a Design Criteria Package (DCP) which complies with the specification set forth under Section 287.055(2)0}, Florida Statues; 2) upon completion of the DCP, authorizing the City Manager to negotiate and, if successful, execute a design-build contract with Bergeron for the project; with a Guaranteed Maximum Price (GMP); and further, if the City Manager is successful in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract. PASSED AND ADOPTED this 12th day of February, 2014. ATTEST: Mayor Rafael Granado, City Clerk T:\AGENDA\2014\February\6th, 10th and 14th Street pump stations Bids Resoultion (final).docief 780 \_ .. • APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Mi AMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk Tel: (305) 673-7411, Fax: (305) 673-7254 OMMISSION MEMORANDUM To: Mayor Philip Levine and Members of From: Jimmy L. Morales, City Manager ---- Date: February 12, 2014 Subject: BOARD AND COMMITIEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITIEE: TOTALMBRS. APPOINTED BY: TOTALVAC Ad Hoc Committee Centennial Celebration Ad Hoc Committee Flooding Task Force Affordable Housing Advisory Committee Bicycle-Pedestrian Facilities Advisory Committee 7 9 11 7 Commissioner Ed Tobin 1 Commissioner Jonah M. Wolfson 1 Commissioner Deede Weithorn 1 Commissioner Ed Tobin 1 Mayor Philip Levine 1 City Commission 3 Commissioner Michael Grieco PAGE Page 2 Page 3 Page 4 Page 5 Page 8 We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropica Agenda Item _::.-~~'?..<..J/t'---- 782 Date 2~12 .. -;y BOARD OR COMMITTEE: Board of Adjustment Budget Advisory Committee Capital Improvements Projects Oversight Committee Committee on the Homeless Community Development Advisory Committee Community Relations Board Convention Center Advisory Board Debarment Committee Design Review Board Disability Access Committee Fine Arts Board VACANCIES TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE 7 9 9 9 14 17 7 7 7 14 14 City Commission City Commission City Commission Commissioner Jonah M. Wolfson Mayor Philip Levine Commissioner Joy Malakoff Commissioner Deede Weithorn Mayor Philip Levine Commissioner Ed Tobin Commissioner Joy Malakoff Mayor Philip Levine City Commission Commissioner Jonah M. Wolfson Commissioner Micky Steinberg Commissioner Michael Grieco Commissioner Micky Steinberg 783 2 Page 9 Page 11 4 Page 12 Page 13 1 Page 16 1 1 Page 17 1 Page 19 1 Page 21 1 Page 22 2 Page 23 1 Page 25 2 1 Page 27 1 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: 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 Miami Beach Cultural Arts Council Miami Beach Human Rights Committee Miami Beach Sister Cities Program 15 12 11 6 7 5 7 21 11 9 24 Commissioner Ed Tobin Commissioner Deede Weithorn Mayor Philip Levine City Commission City Commission City Commission Mayor Philip Levine Commissioner Deede Weithorn Commissioner Ed Tobin Mayor Philip Levine City Commission City Commission Mayor Philip Levine 784 TOTALVAC PAGE 1 Page 28 1 Page 29 1 3 Page 30 1 Page 32 1 Page 34 2 Page 36 1 Page 37 2 Page 39 2 3 Page 41 3 Page 43 6 Page 44 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. Personnel Board 10 Planning Board 7 Police Citizens Relations Committee 17 Production Industry Council Safety Committee Single Family Residential Review Panel Sustainability Committee Tennis Advisory Committee Transportation and Parking Committee Visitor and Convention Authority Waterfront Protection Committee 7 14 3 7 7 14 7 10 APPOINTED BY: TOTAL VAC PAGE City Commission City Commission Commissioner Ed Tobin Commissioner Jonah M. Wolfson Commissioner Micky Steinberg Mayor Philip Levine Mayor Philip Levine Commissioner Jonah M. Wolfson Mayor Philip Levine Jimmy Morales, City Manager Mayor Philip Levine Commissioner Micky Steinberg Commissioner Ed Tobin City Commission Commissioner Deede Weithorn Commissioner Joy Malakoff Mayor Philip Levine 785 1 Page 48 Page49 Page 51 1 1 1 Page 53 1 Page 54 2 3 Page 55 1 Page 56 1 Page 57 Page 58 4 Page 60 1 Page 62 1 1 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Youth Center Advisory Board 10 Mayor Philip Levine Page 63 Attached is breakdown by Commissioner or City Commission: JLM:~p 786 Board and Committees Current Members Ad Hoc Charter Review Board 2013-28446 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 2, 2014 and expire on May 2, 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 May 2, 2014, which report shall include any recommendations concerning propposed amendments to the City's Charter. City Liaison: Rafael E. Granado Members: Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Jonathan Beloff 05/02/2014 Commissioner Joy Malakoff Richard Preira 05/02/2014 Commissioner Jonah M. Wolfson Richard Alhadeff 05/0212014 Commissioner Micky Steinberg Richard (Rick) Kendle 05/02/2014 Commissioner Ed Tobin Sarah Johnston 05/02/2014 Commissioner Deede Weithorn Sherry Kaplan Roberts 05/02/2014 Commissioner Michael Grieco Stephen Zack 05/02/2014 Mayor Philip Levine Wednesday, February 05, 2014 Page I of 63 787 Board and Committees Current Members Ad Hoc Committee Centennial Celebration 2013-28269 Composition: The members of this Ad-Hoc Comitee shall have the duty to provide ideas and recommendations pertaining to all matters with respect to events and activities related to the City of Miami Beach Centennial on March 26, 2015, and who shall report to and receive direction from the City Commission, and which shall be comprised of seven (7) members who are direct appointments by the Mayor and City Commisison with terms of membership to begin on July 31, 2013 and expring on July 31, 2014 (subject to earlier or later sunet by the City commission). City Liaison: Max Sklar Vacancy: Members: Name vacant Vacant Last Name Dawn McCall George Neary Paul Cejas Ray Breslin Reagan Pace Position/Title Applicants Position/Title Meryl Wolfson 7/31/2014 Commissioner Jonah M. Wolfson 7 /31/2014 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: 7/31/2014 Commissioner Joy Malakoff 7/31/2014 Commissioner Deede Weithorn 7/31/2014 Libbin Steinberg 7/31/2014 Exposito Grieco 7/31/2014 Mayor Philip Levine Applicants Position/Title Wednesday, February 05, 2014 of 63 788 Board and Committees Current Members Ad Hoc Committee Flooding Task Force 2013-28305 Composition: The Committee shall consist of nine (9) members, seven (7) of whom shall be direct appointees by the Mayor and City Commissioners. Two (2) additional members as follows; a) one (1) member representing the Police and Fire Departments, and one (1) member representing the Public Works and CIP Departments, wich would report to and receive direction and input from the City Commission, with terns of membership to begin on August 25, 2013 and expiring on August 25, 2014 (subjet to earlier or later sunset by the City Commission). City Liaison: Eric Carpenter Vacancy: Members: Name Vacant Vacant Vacant Last Name Emily Eisenhauer Liar Leser Richard D'Amura Wayne Path man Rep. P W. and CIP Dep Rep. Police & Fire Dept 8/25/2014 Mayor Philip Levine 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 Commissioner Jonah M. Wolfson 8/25/2014 Exposito Grieco 8/25/2014 Libbin Steinberg Applicants Positionffitle Applicants Position/Title Kay Coulter Wednesday, February 05, 2014 Page3of63 789 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 Boa rd 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 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 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 Wedne~tlay, February 05, 2014 12/3112013 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 o/63 790 12131/17 12131117 12131/17 12131/17 Board and Committees Current Members Members: Name Charles David Juan Muayad Applicants Andrew Fischer Last Name Urstadt Smith Rojas Abbas Dr. Barry Ragone Gotlinsky Barbara Joseph Landesman Marie Towers Stephen Zack Wednesday, February 05, 2014 Position/Title ---------- (8) Local Plann. Bd. (3) Rep. Labo H.Bld. TL 12-3 (2) Banking/Mortgage (5) For Profit Position/Title Term Ends: Appointed by: Term Limit: ------------···----· 12/31/2014 City Commission 12/31/17 12/31/2014 City Commission 12/31/14 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31/17 Applicants Position/Title Britta Hanson Emily Eisenhauer Jason Biondi Karen Fryd Ryan Homan Paf{e 5 of63 791 Board and Committees Current Members Art in Public Places Composition: Two (2) year term. Appointed by a minimum of 4 votes. Sec. 82-561 Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerkjscroll.aspx?=72497. Alternatively, the Release can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the 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 : Dennis Leyva Members: Name Last Name ------- Cathy Byrd Chana Sheldon Janda Wetherington Lisette Olemberg- Goldstein Megan Riley Ombretta Agro Andruff Susan Caraballo Applicants Adrian Gonzalez Alexander Orlofsky Ammette Mason Carolyn Baumel Cindy Brown Dale Stine Elizabeth Schwartz Francis Trullenque Lori Nieder Michael McManus Nicole Doswell Sharon Dodge Veronica Camacho Wednesday, February 05, 2014 Position/Title {TL 12/31/2014) Position/Title Term Ends: Appointed by: Term Limit: ------···-· - 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission Applicants Position/Title Adrienne Krieger Allee Newhoff Annette Fromm Christina LaBuzetta Claire Warren David Lombardi Francinelee Hand Leslie Tobin Marjorie O'Neill-Buttler Michelle Ricci Paolo Ambu Stephen Zack 792 Page 6 o/63 12/31/1 g 12/31/1 g 12/31/16 12/31/14 12/31/16 12/31/19 12/31/18 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: Millie McFadden Appointments To Be Made : Daniel Nixon Lucero Levy Terry Blechman Members: Name Last Name Lidia Resnick Maria Koller Mani 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 Commissioner Joy Malakoff 12/31/17 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Micky Steinberg 12/31/18 12/31/2014 Bower Levine 12131/14 Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Adrienne Krieger Cindy Brown Dina Dissen Judith Berson-Levinson Michelle Ricci Monica Acevedo Stephen Zack Veronica Camacho Position/Title Applicants Amy Rabin Darin Feldman Dr. Corey Narson Marivi Iglesias Mitchell Korus Peter Vallis Tamra Sheffman 793 Position/Title Board and Committees Current Members Bicycle-Pedestrian Facilities Advisory Committee 2013-3793 Composition: The purpose of the Bicycle-Pedestrian Facilities Advisory Committee is to improve the lives of residents and visitors by promoting the development, sound management, and use of public facilities dedicated to bicycles and pedestrians in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public bicycle and pedestrian facilities to the City Commission for such action as the City Commisison may deem appropriate. The Committee shall be composed of seven (7) members, 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 Vacancy: Members: Llerandi Dodge Lenart Vacant 12131/2013 Bower Levine 12/31/2013 Gongora Malakoff 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Michael Grieco 12/31120 12131/20 12/31/20 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Aaron Frederick Charles Marko Applicants Davis Sake Lukovic Barbara Herskowitz Kara White Kenneth Bereski 11 Zachary Cohen Wednesday, February 05, 2014 Position/Title 12131/2015 Commissioner Jonah M. Wolfson 12/12/20 12/31/2014 Libbin Steinberg 12/31/20 12131/2014 Commissioner Deede Weithorn 12/12/20 Applicants Jason Biondi Kay Coulter Mance Buttram 794 Position/Title Page 8 o/63 Board and Committees Current Members Board of Adjustment Composition: Two {2) year term. Appointed by a 5/7th vote. RSA 1-2 Sec 118- 1 "11 Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, 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 cm 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: Antoni eta Stohl Appointments To Be Made : Elsa Vacancy: Urquiza At-Large 12/3112013 City Commission 12/31/17 To replace Joy Malakoff At-Large 12/31/2014 City Commission To replace Liar Leser Financial Consultation 12/31/2015 City Commission Members: Name Bryan Larry Noah Richard Applicants Last Name Rosenfeld Colin Fox Preira Wednesday, February 05, 2014 Position/Title --- CPA Gen. Business Real Estate Developer Law Position/Title Term Ends: Appointed by: Term Limit: ------·-· - 12/31/2015 City Commission 12/31/15 12/31/2015 City Commission 12/31/19 12/31/2014 City Commission 12/31/18 12/31/2014 City Commission 12/31/16 Applicants Position/Title Page 9of63 (Continued. ... 795 Board and Committees Current Members Aaron Davis Andres Asion Brian Ehr1ich Deborah Castillo Gabriel Paez Guy Simani Jack Benveniste Jeffrey Feldman Jonathan Beloff Kristen Rosen Gonzalez Muayad Abbas Richard Alhadeff Scott Needelman Wesler Castellanos Wedne.5day, February 05, 2014 Alexander Annunziato Andrew Fischer Brian Elias Frank Del Vecchio Gary Twist Heidi Tandy James Silvers Jessica Conn Kathleen Phang Mark Alhadeff Nelson Fox Roberta Gould Seth Frohlich 796 Page 10 o/63 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 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: John Woodruff Vacancy: To replace Financial Adv. Jacqueline Lalonde Members: Name Last Name Position/Title Christopher Pace David Lancz Dush an Koller Jack Benveniste John Gardiner Marc Gidney C. P.A. (TL1213112014) Ronald Starkman Stephen Hertz Applicants Position/Title Brian Harris Carl Linder Elliott Alhadeff John Bowes Noah Fox Wednesday, Fehrual}' 05, 2014 12/31/2014 City Commission Term Ends: Appointed by: Term Limit: 12/31/2015 Mayor Philip Levine 12/31/21 12/31/2014 Commissioner Deede Weithorn 12/31/18 12/31/2015 Commissioner Jonah M. Wolfson 12/31/15 12/31/2015 CommissionerJoyMalakoff 12/31/15 12/31/2015 Commissioner Michael Grieco 12/31/16 12/3112014 City Commission 12/31114 1213112014 CommissionerMickySteinberg 12/31121 12/3112014 Commissioner Ed Tobin 12/31/16 Applicants Bryan Rosenfeld Dwight Kraai Eric Lawrence Lisa Ware Regina Suarez 797 Position/Title 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/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, 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: (1) Mayor Designee Saul Brian Gross Ehrlich (C3) Developer(TL 12/3112014) 12/31/2013 Bower/ Levine 12/31/2013 City Commission Vacancy: To replace Dwight (2) Engineer 12/31/2014 City Commission Kraai To replace (CS} Developer 12/31/2015 City Commission Christina Cuervo 798 12131/15 12131/14 Board and Committees Current Members (C2) Architect 12/31/2015 City Commission To replace Elizabeth Camargo To replace Stacy Kilroy {C3) Coons\. Gen. Contr 12/31/2014 City Commission Members: Name Cheryl Robert Tony Applicants Last Name Jacobs Rabinowitz Trujillo Annsheila Turkel Daniel Manichello Elliott Alhadeff Harold Foster James Lloyd Jurgen Brendel Wednesday, Febru«fJ.' 05, 2014 Position/Tit]e (C4) At-large (C5) Engineer (C4) Cap.Budg/Finance Position/Title Term Ends: Appointed by: 1213112014 City Ccmmission 12/31/2014 City Commission 12/3112014 City Commission Term Limit: 12/31/18 12/31/17 12131/16 Applicants Position/Title Carl Linder Dominique Bailleu! Gianluca Fontani Ivette Isabel Borrello John Turchin Kay Coulter 799 Page 13of63 Board and Committees Current Members Committee for Quality Education in MB Sec. 2-190.134 Composition: The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows. A representative from each of the following eight schools, selected by the Parent Teacher Association; North Beach Elementary, Biscayne Elementary, Feinberg-Fisher K-8 Center South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad K-8 Center Treasure Island Elementary School, and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct appointments by the mayor and city commissioner with no more than three who can be employed or contracted by Miami-Dade County public shcools. The City Commission shall designate 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 Vacancy: Vacant Members: City Comm. Designee Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Betsy Mateu 12/31/2014 Beverly Heller 12/31/2015 Judith Berson-Levinson 12/31/2014 Karen Rivo 12/31/2015 Keren Bajaroff 12/31/2014 Sheila Duffy-Lehrman 12/31/2014 Tiffany Heckler 12/31/2015 Christy Farhat Rep. of the PTA South Pointe Elementary -6/30/14 Dr. Leslie Rosenfeld Elisa Leone Ivette B1 rba Jill Swartz John Aleman Rebeka Cohen ACM/City Manager designee Rep. of the PTA for Biscayne Elementary 06/30/14 Rep. of the PTA for Feinberg Fisher K-8 5/30/14 Rep. of the PTA for MB Sr. High School -05/30/14 Rep. of PTA North Beach Elem. School 06/30/14 Rep. of the PTA for Nautilus Middle School-6/30/14 Rosa Neely Rep. of PTA for Treasure Island Elem. 05/30/14 Tamar Oppenheimer Rep. PTA for Ruth K. Broad K-8 6/30/14 Vacant City Commission designee Wednesday, February 05, 2014 800 Mayor Philip Levine 12/31/21 Commissioner Micky Steinberg 12131116 Commissioner Joy Malakoff 12/31/21 Commissioner Deede Weilhorn 12/31/15 Commissioner Ed Tobin 12/31/15 Exposito Grieco 12/31/17 Commissioner Jonah M. Wolfson 12/31/18 Page 14of63 (Continut::d. ... Board and Committees Current Members Vacant City Commission designee Applicants David Crystal Elaine Litvak Kristen Rosen Gonzalez Laurie Kaye Davis Marjorie York Wednesday, February 2014 Positionffitle Applicants Dr. Elsa Orlandini Joanna-Rose Kravitz Laura Cullen Marina Aviles 801 Position/Title Page 15 o/63 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, Salvation Army, Better Way, Miami Dade County Homeless Trust; (Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider), city officials, representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Maria Ruiz Appointments To Be Made : Cary Jonathan Annsheila Vacancy: Members: Yee Quee Kroner Turkel To replace Dale Gratz To replace Lisa Ware 12/31/2013 Bower Levine 12/3112013 Exposito Grieco 12/3112013 Bower Levine 12/31/2015 Mayor Philip Levine 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12131/17 12/31/19 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ··-·-··- Dale Gratz Gail Harris Prakash Kumar Rachael Zuckerman Applicants Eda Valero-Figueira Irina Pindelea Leah Rey Mitchell Korus Rabbi Daniel Sherbill Rosalie Pincus Wed11esday, February 05, 2014 (TL12/31/2014) Position/Title 12/31/2014 Commissioner Joy Malakoff 12/31/14 12/31/2014 Commissioner Ed Tobin 12/31/16 12/31/2014 Libbin Steinberg 12/31/16 12/31/2015 Commissioner Deede Weithorn 12131/17 Applicants Helen Swartz Kimberly Diehl Melissa Mokha Muayad Abbas Rocio Sullivan 802 Position/Title Page 16 of63 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 Harvey Burstein (TL 12131/2014) Andrew Fuller Mark Balzli Citywide Vacancy: Ro replace Zachary Cohen Members: Name Last Name Adam Greenberg Alexander Orlofsky Christina LaBuzetta Dona Zema Dorian Nicholson James Weingarten Natalie Koller Applicants Adrian Adorno Andrew Fischer Dr. Barry Ragone Jeffrey Graff Mark Wohl Monica Matteo-Salinas Sarah Johnston Wednesday, February 05, 2014 Position/Title Target Area Position/Tith~ 12/31/2013 Bower Levine 12/31/17 12/31/2013 Exposito Grieco 12/31/20 1213112013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Commissioner Ed Tobin 12/31/14 12/31/2013 Libbin Steinberg 12/31 /20 12/31/2013 Gongora Malakoff 12/31/20 12/31/2015 Commissioner Joy Malakoff Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/19 12/3112014 Commissioner Micky Steinberg 12/31/21 12/3112014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Sower/ Levine 12/31/2014 Commissioner Deede Weithorn 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 Position/Title 12/31/17 12/31/20 12/31/18 12/31/20 Page 17 of63 (Continued .... 803 Board and Committees Current Members Steve Berke Wednesday, February 05, 2014 Page 18 o/63 804 Board and Committees Current Members Community Relations Board Sec. 2-190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shall! be voting members to be appointed in the following manner: Seven (7) direct appointments, with the Mayor and each City Commissioner appointing a member. Three (3) members shall be appointed by the City Manager and one (1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its membership. Four (4) non-voting, ex-officio members shall be the chairpersons or designees of the following: Commission on the Status for Women Committee on the Homeless, Hispanic Affairs Committee, and Police/Citizen Relations Committee. Two (2) non-Voting ex-officio,: the police chief or his or her designee and the director of the Bureau of Children's Affairs. The composition of the board shall be reviewed every two (2) years. City Liaison: Lynn Bernstein 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 12131/19 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -·-·-··-· --~-·------- Amy Andres Barbara Darin Debra Marta Rabbi Solomon Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants Betsy Mateu Dale Gratz David Crystal Ivan Rusilko Rabin 12/3112015 Asian 1213112014 Montero 1213112014 Feldman 12131/2015 Schwartz 12131/2014 Martinez Aleman 12/31/2014 Schiff 12/3112014 ex-officio Police Chief Designee ex-officio of Police Citizens Relations Committee ex-officio of Miami-Dade Comm. Relation Board ex-officio of the Committee on the Homeless ex-officio Director of the Bureau Childrens Affair ex-officio of MB Commission for Women ex-officio of Hispanic Affairs Committee Position/Title Applicants 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 Joanna-Rose Kravitz Claudia Moncarz David Alschuler Irene Valines Jacobo Epelbaum Jordan Nadel 12/31121 12/31120 12/31115 12/31119 12/31/15 12/31 /21 12/31/15 Wednesday, February 05, 2014 Page 19of63 (Continued. ... 805 Board and Committees Current Members Lateresa Jones Maria Zayas-Bazan Monica Matteo-Salinas Wednesday, February 05, 2014 Lori Gold Mark Balzli Peter Vallis 806 Page 20 o/63 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 Timar Appointments To Be Made : Stuart Tim Vacancy: Members: Blumberg Nardi To Replace Joshua Wallack 12/31/2013 Bower Levine 12/31/2013 Commissioner Deede Weithorn 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/17 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Alan Elizabeth Jacqueline Roger Lips Resnick Hertz Abramson Bob Balsam ex-off. Global Spectrum Adm Rep. Ita Moriarty ex-officio, GMCVB Adm Rep Michael S. Goldberg ex-officio, Chairperson Bd. Of Dir. MBCC 12/31/2014 12/31/2015 12/31/2015 12/31/2014 Exposilo Grieco 12/31/19 Commissioner Jonah M. Wolfson 12/31/20 Commissioner Micky Steinberg 21/31/21 Commissioner Joy Malakoff 12/31/16 Vacant ex-officio member of the City Manager's Office Applicants Carl Linder Elizabeth Cannargo Gotlinsky Barbara Mark Wohl Mihaly Lenart Wednesday, February 05, 2014 Position/Title Applicants David Lombardi Gayle Durham Jared Galbut Michael Rotbart Natalie Koller 807 Positionffitle Page 21 o/63 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 Dr. Ronald Shane 12/31/2013 Libbin Steinberg Vacancy: To replace Stephen 12/31/2014 Mayor Philip Levine Zack To replace Antonio 12/31/2014 Commissioner Joy Malakoff Hernandez Jr. Members: 12/31/15 12/31/17 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Anthony Darius Zachary Applicants Broad A sly Cohen Jacqueline Lalonde Lori Gold Wednesday, February 05, 2014 Position/Title 12/31/2014 Commissioner Ed Tobin 12/31/16 12/31/2015 Commissioner Deede Weithorn 12/31/17 12/31/2014 Commissioner Michael Grieco 12/31/21 Applicants Position/Title John Bowes Page22of63 808 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 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 clfck 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 Seraj Lands. Architect Saba To replace Marilys Architect Nepomechie 12/31/2013 City Commission 12/31/2013 City Commission 12/3112013 City Commission 12/31/2015 City Commission 12/31/2014 City Commission 12/31/17 12/31/15 12/31/16 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Carol Kathleen Housen Phang Wednesday, February 05, 2014 At-large Attorney 12/31/2014 City Commission 12/31/2014 City Commission 809 12/31/16 12/31/19 Board and Committees Current Members Gary Held Thomas Mooney Vacant Applicants Adam Kravitz Alexander Orlofsky Brian Ehrlich Bryan Rosenfeld Deborah Castillo Elsa Urquiza Francis Steffens Jean-Francois Lejeune Jeffrey Feldman Jessica Conn Jurgen Brendel Marina Novaes Nelson Fox Sarah Johnston Seth Wasserman Suzanne Hollander Wesler Castellanos advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Position/Title Wednest/ay, February 05, 2014 Applicants Alexander Annunziata Andres Asian Brian Elias Clotilde Luce Edgar Sarli Francinelee Hand Gary Twist Jeffrey Cohen Jennifer Lampert John Turchin Keith Menin Matthew Krieger Ryan Homan Seth Frohlich Stacy Kilroy Terry Bienstock 810 Position/Title Page 24 o/63 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(0) 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 : Russell Vacancy: Members: Name David David Dr. Michael Dr. Susan Helen Lee Matthew Oliver Sabrina ·- Hartstein To replace John Bennet To replace Lawrence Fuller To replace Andrew Feuerstein Last Name Position/Title ·--- New McCauley Alexandri Solman Swartz Weiss Meyer Stem Cohen Wednesday, February 05, 2014 12/31/2013 Bower Levine 12/31/19 12/31/2015 Commissioner Jonah M. Wolfson 12/31/2015 Commissioner Micky Steinberg 12/31/2014 Commissioner Micky Steinberg Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithom 12/31/15 12/31/2014 Commissioner Joy Malakoff 12/31/20 12/31/2015 Commissioner Michael Grieco 12/31/21 12/31/2015 Commissioner Deede Weithorn 12/31/19 12/31/2015 Commissioner Joy Malakoff 12131/18 12/3112014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2015 Commissioner Ed Tobin 12/31/20 12/31/2014 Commissioner Michael Grieco 12/31/21 12/31/2014 Commissioner Ed Tobin 12/31/17 Page 25 o/63 811 Board and Committees Current Members Wendy Unger 12/31/2014 Mayor Philip Levine Applicants Barry Meltz Rafael Trevino Ex-officio member Position/Title Applicants Britta Hanson -·--·--·~•·-•e>••-~'-'L'·~·-~·-·-·•·•·••~"q' , .. ,,.~, .. ~-•••• "._.,,,.,,~,, •... '-~·-·•·••···•·•--•,. Wednesday, February 05, 2014 812 Position/Title Page 26 of63 12/31/16 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 : Carrie Wiesenfeld Carmen (Maria) Lopez Vacancy: Members: to replace Britta Hanson To replace Deborah Ruggiero Name Last Name Position/Title ---- Britta Hanson Bruce Carter Ellen Brazer Lizette Lopez Melissa Broad Michael McManus Michelle Ricci Nathaniel Korn Tamra Sheff man Tiva Leser Applicants Bradley Ugent David Lombardi Dina Dissen Elizabeth Resnick James Weingarten Jenna Ward Judith Berson-Levinson Nicole Doswell Patti Hernandez Wednesday, February 05, 2014 --· --- Position/Title 12/31/2013 Bower Levine 12/31/15 12/3112013 Gongora Malakoff 12/31/20 12/31/2015 Commissioner Michael Grieco 12/31/2014 Commissioner Micky Steinberg Term Ends: Appointed by: Term Limit: 12/31/2015 Commissioner Micky Steinberg 12/31/19 12/31/2014 Gongora Malakoff 12/31/20 12/31/2014 Exposito Grieco 12/31/17 12131/2015 Commissioner Deede Weithorn 12131/20 12/31/2015 Commissioner Ed Tobin 12131/15 12/31/2014 Bower Levine 12/31/17 12131/2014 Commissioner Ed Tobin 12/31120 1213112014 Commissioner Jonah M. Wolfson 12/31115 12/3112014 Commissioner Deede Weithorn 12/31115 12/3112015 Commissioner Jonah M. Wolfson 12/31115 Applicants Dale Stine David McCauley Dorian Nicholson Francis Trullenque Janda Wetherington Josephine Pampanas Nelida Barrios Paolo Ambu Seth Feuer 813 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 Jorge Vacancy: Brown Richa To replace Willis "Chip" Arndt Jr. Members: Name Last Name Chad Richter Cindy Brown Dale Stine David Leeds Edison Farrow Elizabeth Schwartz Laura Veitia Mari vi Iglesias Michael Bath Nelida Barrios Ronald Wolff Thomas Barker Applicants Barry Meltz Dorian Nicholson Rafael Trevino Richard Murry Steven Adkins Wednesday, February OS, 2014 Position/Title Position/Title 12/31/2013 Bower Levine 12/31/2013 Bower Levine 12/31/2015 Commissioner Ed Tobin 12/31/17 12/31/17 Term Ends: Appointed by: Term Limit: -·--··-·- 12/31/2014 Commissioner Ed Tobin 12/31/16 12/31/2015 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 12/31/2014 Mayor Philip Levine 12/31/2015 Commissioner Micky Steinberg 12/31/2014 Commissioner Joy Malakoff 12/31/2014 Commissioner Michael Grieco 12/31/2015 Commissioner Deede Weithorn 12/31/2014 Commissioner Micky Steinberg 12/31/2014 Commissioner Deede Weithorn 12/31/2015 Commissioner Michael Grieco 12/31/2015 Commissioner Joy Malakoff Applicants Position/Title Brad Fleet Paolo Ambu Rebecca Boyce Stephan Ginez Walker Burttschell 814 12/31/21 12/31/16 12/31 /21 12/31/16 12/31/18 12/31/17 12/31/16 12/31/21 12/31/16 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 : Jeffrey Vacancy: Members: Cohen To replace Jeff Blumenthal To replace Joseph Conway 12/31 /2013 Libbin Steinberg 12/31/16 12/31/2014 Commissioner Deede Weithorn 12/31/2015 Mayor Philip Levine Name Last Name Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Joy Malakoff 12/3112014 Commissioner Ed Tobin 12/31/20 12/31/15 Gail John Joseph Michael Williams Barker Conway Piazza 12/3112015 Commissioner Michael Grieco 12/31/18 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 Rebar John Applicants Carolyn Baumel Joseph Landesman Robert Sena President for Women's Golf Assoc. MB Golf Assoc. President of the MB Golf Club Members Assoc. President, Normandy Shore's Men's Golf Assoc. President, Normandy Shore's Women's Golf Assoc. ex-officio, designee of the City Manager Position/Title Applicants Jane Hayes Mitchell Korus Wednesday, February 05, 2014 815 Positionrfitle Page 29 of63 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 professioni One (1) member shall be a health benefits provider; Two (2) members shall be physicians.i Two (2) members shall be consumers consisting of: 1) one (1) individual from the corporate level and ; 2) one (1) private individual. One member shall be a physician or an individual with medical training or experience. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex- officio member of the board. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agend Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Sonia Bridges Appointments To Be Made : Harold Foster Private Individual Tobi Ash Nursing Profession Shaheen Wirk Private Individual Dr. Todd Narson Health Provider Vacancy: 12/31/2013 City Commission 12/31/2013 City Com mission 12/31/2013 City Com mission 12/31/2013 City Commission Vacant CEO/MB Comm. Health 12/31/2015 City Commission Members: Name Dr. Andrew Dr. Stacey To replace Dr_ Jay Physician Reinberg To replace Anthony ACLF Japour Last Name Nullman Kruger Position/Title Physician (TL 12/31/2014) Physician Wednesday, February 05, 2014 12/31/2014 City Commission 12/31/2014 City Commission Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2014 City Commission 816 12/31115 12/31115 12/31115 12/31/16 Term Limit: 12/31/14 12/31/16 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/Tith~ Wed11esday, February 05, 2014 12/3112014 City Commission 12/3112014 City Commission Applicants Jared Plitt Leah Rey 817 Position/Title Page31 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 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: Patricia Walker Vacancy: Members: Name Arthur Marc Mark Sidney vacant Applicants David Berger Rachel Schuster Shaheen Wirk To replace Alison Attorney Stone Last Name Unger Um las Sinnreich Goldin Position/Title Accountant Health Provider Health Provider General Business Chairperson, Health Advisory Board Positionffitle Wedne.~day, February 05, 2014 6/19/2017 City Commission Term Ends: Appointed by: Term Limit: 6/1912016 City Commission 6/1912014 City Commission 6/19/2015 City Commission 6/19/2014 City Commission Applicants Dr. Elsa Orlandini Rosalie Pincus 818 Position/Title Page32 o/63 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 Members: Name Last Name Position/Title ------ Ana Cecilia Velasco Antonio Purrinos Ivan Cano Luz Rojas Patti Hernandez Veronica Camacho Applicants Position/Title Israel Sands Rafael Trevino Wednesday, February 05, 2014 12/31/2013 Commissioner Ed Tobin 12/31/15 Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Michael Grieco 12/31/21 12/31/2014 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Libbin Steinberg 12/31/2014 Bower Levine 12/31/2015 Commissioner Deede Weithorn 12/31/2015 Commissioner Joy Malakoff Applicants Position/Title Maria Zayas-Bazan Regina Suarez Page 33 o/63 819 12/31/20 12/31/19 12/31/15 12/31/21 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 applfcants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerkj scrol I .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: Wiliam Cary 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 12/31115 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dominique Herb Bailleu I Sosa Wednesday, February 05, 2014 At-large MDPL .. -----~~- 12/3112014 City Commission 12/31/2014 City Commission Page34 o/63 820 12/31/16 12/31/15 Board and Committees Current Members Jane Josephine Applicants Gross Manning Adam Kravitz Alejandro Dominguez Deborah Castillo Elizabeth Pines Jean-Francois Lejeune Kathleen Phang Marina Novaes Raymond Adrian Wednesday, February 05, 2014 Dade Heritage At-large Position/Title 12/31/2014 City Commission 12/31/2014 City Commission Applicants Albert Mertz Brian Elias Dona Zema Francis Steffens Jennifer Lampert Marilys Nepomechie Mark Alhadeff Richard Alhadeff 821 Position/Title Page35 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 Applicants Last Name Cabreja Chavelier Adrian Gotlinsky Barbara Stanley Shapiro Wednesday, February 05, 2014 Position/Title 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: 10/11/2016 Bower Levine 10/11/2015 Bower Levine 10/11/2014 Bower Levine Applicants Prakash Kumar 822 Position/Title PaKe36 o/63 10/11/18 10/11/19 10/11/18 Board and Committees Current Members Loan Review Committee Sec. 2-166 Composition: The committee shall consist of seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners. The finance director or his/her designee and the city manager or his/her designee shall serve as non- voting ex-officio members A member of the Community Development Advisory Committee (CDAC) shall be designated to serve as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC and CDAC. City Liaison: Cooky Rosario Appointments To Be Made : Mayra Juan Vacancy: Members: Diaz Buttacavoli Torres To replace Michael Rotbart 12/3112013 Commissioner Ed Tobin 12/31/2013 Bower Levine 12/31/2015 Commissioner Deede Weithorn 12/31{17 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Eric Jay Mario Steve -· ·----- Lawrence Dermer Coryell Zuckerman (TL 12/31/2014) ex-officio member of the CDAC 12/31/2014 12/31/2014 12/31/2014 12/31/2014 Patricia Walker ex-officio Finance director or his/her designee Applicants Position/Title Applicants Joseph Landesman Wednesday, February 05, 1014 823 Commissioner Joy Malakoff 12/31/17 Commissioner Jonah M. Wolfson 12/31/18 Exposito Grieco 12/31/17 Libbin Steinberg 12/31/14 Position/Title Page 37of63 Board and Committees Current Members Marine Authority Sec. 2-190.46 Composition: The marine authority shall consist of seven (7) voting members, who shall be direct appointments by the mayor and city commissioners, and one non voting, ex-officio member of the authority, who shall be a representative of the city marine patrol. Appointments to the authority shall consist of individuals who have had previous experience in the operation of or inspection of either marine vessels or marine facilities including experience in various types of boat activities, including fishing in the waterways of the city. The members of the marine authority shall have the right and duty to consult with any member of the city administration for technical or other information pertaining to the matters before them. City Liaison: Manny Villar Members: Name Addison Christopher Daniel Joel Maurice Sasha Stephen Michael George Applicants Last Name Sammet Todd Kipnis Aberbach Good beer Boulanger Bernstein Position/Title (TL 12/31114) ex-officio MB Marine Patrol Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 12/31/2015 12/31/2015 12/31/2014 12/31/2014 12/31/2015 12/31/2014 Applicants Gongora Malakoff 12/31/20 Commissioner Michael Grieco 12/31/14 Commissioner Jonah M. Wolfson 12/31116 Bower Levine 12/31/20 Libbin Steinberg 12/31/19 Commissioner Ed Tobin 12/31118 Commissioner Deede Weithorn 12131/18 Position/Title Adrian Gonzalez Alex Espenkotter Elaine Roden Jacobo Epelbaum Jonathan Beloff William Cahill Wednesday, February 05, 2014 Page 38 of63 824 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 Vacancy: To replace Gertrude Arfa To replace Ana Kasdin To replace Claudia Moncarz To replace Marjorie York Members: Name Last Name Position/Title Adrienne Krieger Debra Quade Dr. Corey Narson Francinelee Hand Jessica Conn Karen Edelstein Kristen Rosen Gonzalez Laura Colin Leslie Coller Lindsay Genet Maribel Qui ala Mercedes Carlson Nikki Weisburcl Regina Suarez Regina Berman Roberta Gould Vanessa Menkes Applicants Allee Newhoff Barbara Kaufman Britta Hanson Eda Valero-Figueira Helen Swartz Joanna Popper Marie Towers Merle Weiss Monica Matteo-Salinas Samantha Bratter Wednesday, February 05, 2014 Position/Title 12/31/2014 Commissioner Ed Tobin 12/31/2015 Commissioner Ed Tobin 12/31/2014 Mayor Philip Levine 12/31/2015 Mayor Philip Levine Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Joy Malakoff 12/31/21 12/31/2015 Commissioner Micky Steinberg 12/31/19 12/31/2015 Commissioner Micky Steinberg 12/31/21 12/31/2015 Commissioner Joy Malakoff 12/31116 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Micky Steinberg 12131/15 12/31/2014 Commissioner Jonah M. Wolfson 12131/20 12/31/2014 Commissioner Joy Malakoff 12/31121 12/3112015 12/3112014 12/31/2014 12/31/2015 Commissioner Deecle Weithorn Commissioner Michael Grieco Exposilo Grieco Commissioner Michael Grieco 12/31/15 10/31121 12/31/16 12/31/18 12/31/2014 Commissioner Eel Tobin 12/31/15 12/31/2015 Commissioner Jonah M. Wolfson 12131/17 12/31/2014 Bower Levine 12131117 12/31/2015 Commissioner Deecle Weithorn 12131/15 12131/2015 Commissioner Deecle Weilhorn 12131/20 Applicants Annette Cannon Barbara Morris Dale Gratz Elizabeth Resnick Jennifer Diaz Maria Zayas-Bazan Marjorie O'Neill-Buttler Meryl Wolfson Rebecca Boyce Sharon Dodge 825 Position/Title Page 39of63 (Continued. ... Board and Committees Current Members Tamra Sheffman Wesler Castellanos Wed11esday, February 05, 2014 Page40 o/63 826 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 1 2001, and three (3) members shall be appointed for ti/Vo (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://miamlbeachfl.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 Daniel Eda Gregory Marjorie Zoila Applicants Allee Newhoff Annette Fromm Calvin Kohli Elizabeth Pines Eugenio Cabreja Israel Sands Hornstein No vela Valero-Figueira Melvin O'Neill-Buttler Datorre Wednesday, February 05, 2014 (TL 12/31/2014) (TL 1213112014) 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 12/31115 12/31/2015 City Commission 12/31/15 12/3112014 City Commission 12/31/14 12/31/2014 City Commission 12/31/15 12/31/2015 City Commission 12/31/15 12/31/2014 City Commission 12/31114 Applicants Position/Title Ammette Mason Bradley Ugent Christina LaBuzetta Elliott Alhadeff Ileana Bravo-Gordon Janda Wetherington 827 Page 41 of 63 (Conlin11ed ... Board and Committees Current Members Jason Witrock Jenna Ward Joanna Popper Kara White Lateresa Jones Mark Balzli Michael McManus Monica Harvey Monica Minagorri Nathaniel Korn Nicole Doswell Patti Hernandez Pedro Menocal Steve Berke Wednesday, Fehruary 05, 2014 Puge 42 of 63 828 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/ cityclerkjscrall .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: Carla Gomez Appointments To Be Made : Walker Burttschell Alan Fishman Law William Bradley Vacancy: Members: Name Monica Rachel Rafael Applicants Warren Jr. Ugent To replace Dr. Barry Ragone To replace Carlos J. Ortuno To replace Elizabeth Schwartz Last Name Harvey Um las Trevino Position/Title Position/Title Andrea Lisa Travaglia Dr. Andrew Nullman Wednesday, February 05, 2014 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 Bower Levine 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 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 12/31/16 12/31/16 12/31/19 12/31/18 Term Limit: 12/31/18 12/31/18 12/31/16 Applicants Position/Title ----·- Brad Fleet 829 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 Elaine Roden Basel, Switzerland Nuccio Nobel Cozumel, Mexico Roberto DaTorre other Ray Breslin Brampton, Canada Jenna Ward Almonte, Spain Charlotte Libov other Vacancy: To replace Annette other Fromm To replace Wendy Pescara, Italy Kallergis To replace Jennifer Santa Marta, Colombia Diaz To replace Ileana Rio de Janeiro, Brazil Bravo-Gordon To replace other Stephanie Trinidad To replace Bruce Nahariya, Israel Reich Members: Name Last Name Position/Title Faye Goldin other Gary Twist Fortaleza Brazil George Neary other Jacquelynn Powers other Jessica Londono lea, Peru Monica Fluke other Zeiven Beitchman other (TL 12/31/2014) Applicants Position/Title Ada Llerandi Charles Million Claudia Moncarz Dr. Andrew Nullman Wed11esday, February 05, 2014 12/31/2013 Bower Levine 12/31/20 12/31/2013 Bower Levine 12/31/17 12/31/2013 Bower Levine 12/31/16 12/31/2013 Bower Levine 12/31/16 12/31/2013 Bower Levine 12/31/16 12/31/2013 Bower Levine 12/31/19 12/31/2013 Bower Levine 12/31/20 12/31/2014 Mayor Philip Levine 12/31/2015 Mayor Philip Levine 12/31/2014 Mayor Philip Levine 12/31/2014 Mayor Philip Levine 12/31/2014 Mayor Philip Levine 12/31/2014 Mayor Philip Levine Term Ends: Appointed by: Term Limit: --------··--- 12/31/2014 Bower Levine 12/31/18 12/3112014 Bower Levine 12/31117 12/31/2014 Mayor Philip Levine 12/31/16 12/3112015 Mayor Philip Levine 12/31/21 12/31/2014 Bower Levine 12/31/17 12131/2015 Mayor Philip Levine 12/31121 12/31/2014 Bower Levine 12/31/14 Applicants Position/Title Carolyn Baumel Christopher Pace Darin Feldman Gabriel Paez Page 44 of 63 (Continued .... 830 Board and Committees Current Members Israel Sands Josephine Pampanas Marcella Paz Cohen Raymond Adrian Rocio Sullivan Tamra Sheffman ; -~ -~~"""C° u=••-""'~"'"'''"'"' ~,--- Wednesday, February 05, 2014 Jared Plitt Lateresa Jones Michael Rotbart Rebecca Boyce Samantha Bratter Walter Lucero 831 Page 45 o/63 Board and Committees Current Members Normandy Shores Local Gov. Neighborhood Impv. Sec 34-175 Composition: The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the Executive Committee of the Normandy Shores Homeowner Association. On behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be composed of the three members of the Executive Committee of the Normandy Shores Homeowners Association as per Resolution No. 97-22449 adopted July 2, 1997. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda - Agenda Archives website is located at http://miamibeachfl.gov I cityclerk/scrol I .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 cm 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: John Woodruff Members: Name John Mark Ronald Applicants Andrew Fuller Lori Nieder Monica Minagorri Last Name Bowes Wojak Loring Fehruary 05, 2014 Position/Title (TL 12/31/2014) Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12131/2014 City Commission 12/31/2014 City Commission Applicants David Alschuler Marie Towers Tegan Eve 832 Position/Title Page 46 o/63 12/31118 12131/18 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 Advisory Board (See Beach Preservation, ex-officio member.) Members of the board shall demonstrate interest in the City's Parks and Recreational Facilities and programs through their own participation or the participation of a member of their immediate family. City Liaison: John Rebar Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Eliane Soffer 12/31/2015 Commissioner Michael Grieco 12/31/21 Harriet Halpryn 12131/2014 Commissioner Jonah M. Wolfson 12/31/15 Jonathan Groff 12/31/2014 Commissioner Deede Weithorn Leslie Graff 12/31/2014 Commissioner Ed Tobin Lori Nieder 12131/2015 Commissioner Micky Steinberg Paul Stein 12131/2014 Mayor Philip Levine Samantha Bratter 12131/2015 Commissioner Joy Malakoff Daniel Nixon Ex-Officio member Beautification Committee Stephanie Rosen Ex-Officio member of the Youth Center Adv. Board vacant Ex-Officio member of Golf Advisory Commttee Applicants Annette Cannon Bruce Reich David Berger Eric Lawrence Jason Witrock Mojdeh Khaghan Peter Vallis Walter Lucero Ji'ed11esday, February 05, 2014 Position/Title Applicants Beverly Heller Christina Nicodemou Dolores Hirsh Irina Pindelea Mark Balzli Moni Cohen Stefan Zachar Jr. 833 Position/Title Page 47 o/63 12/31/17 12/31/15 12/31/21 12/31/21 12/31/21 Board and Committees Current Members Personnel Board Sec. 2-190.66 Composition: Ten (10) members appointed by a 5/7 vote. Six (6) of which shall be citizens of Miami Beach not in the employment of the city, each having a different vocation; and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and regular employees of the city and who shall be elected from the employees of regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department, Group II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http ://miamibeachfl.gov/cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http ://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Sylvia Crespo-Tabak Appointments To Be Made: Laurie Kaye Rosalie Vacancy: Members: Davis Pincus To replace David Rictiardson 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2015 City Commission Name Last Name Position/Title Term Ends: Appointed by: Gabriel Lori Mojdeh Paez Gold Khaghan Christopher Diaz elected 07/20/2011 exp. 7/31/2014-Group I Evette Phillips elected 07 /09/2012 exp. 7/31/2015 Group III George Castell elected 07/01/2013 exp. 7/31/2016 Group II Sylvia Crespo-Tabak Human Resources Director 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/18 12/31/15 Term Limit: 12131/15 12131 /18 12/31/16 Applicants Position/Title Applicants Position/Title Dr. Elsa Orlandini Matthew Krieger Nancy Wolcott Wednesday, February 05, 2014 Harold Foster Michael Perlmutter Richard Preira 834 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 ellgible for appointment to the planning board. The City Commission may waive the residency requirements by a 5/7ths vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and/or experience. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Katia Hirsh. Vacancy: To replace Henry General Business 12/31/2015 City Commission Stolar Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Brian Elias Geneal Business 12/31/2015 City Commission 12131/19 Frank Kruszewski General Business 12/31/2014 City Commission 12/31/18 Jack Johnson Historic Preservation 12/31/2014 City Commission 12/31/18 Jean-Francois Lejeune Architect 12/31/2014 City Commission 12131/17 Jeffrey Feldman Developer 1213112015 City Commission 12131/19 "-"""""~-~-""""' Wednesday, February 05, 2014 Page49 of63 835 Board and Committees Current Members Jonathan Beloff Applicants Aaron Davis Albert Mertz Alexander Annunziata Brian Ehrlich David Berger Dominique Bailleu! Gary Twist Jack Benveniste Jared Galbut Jennifer Lampert Joshua Wallack Madeleine Romanello Mark Alhadeff Muayad Abbas Noah Fox Robert Sena Sarah Johnston Seth Frohlich Attorney Position/Title Wednesday, February 05, 2014 12/31/2015 City Commission Applicants Adam Kravitz Alex Espenkotter Andres Asion Daniel Veitia Deborah Castillo Francis Steffens Guy Simani James Silvers Jeffrey Cohen Jessica Conn Kathleen Phang Marina Novaes Matthew Krieger Nelson Fox Richard Alhadeff Ryan Homan Scott Needelman Suzanne Hollander 836 Position/Title 12/31/15 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 Vacancy: Members: Name Alejandro Antonio Bruce Jordan Meryl Michael Steven Alex Bello Gonzalez Plitt Lucero To replace Jonathan Parker To replace Claire Warren To replace Dina Dis sen To replace Glenda Krongold Last Name Position/Title Dominguez Hernandez Jr. Reich Nadel Wolfson Perlmutter Oppenheimer Non-adm. Personnel of the PD Wed11esday, Febmary 05, 2014 12131/2013 Commissioner Ed Tobin 12131/15 12/31/2013 Commissioner Deede Weithorn 12131/15 12/31/2013 Commissioner Deede Weithorn 12/31/19 12/31/2015 Commissioner Jonah M. Wolfson 12/31/2015 Mayor Philip Levine 12/31/2014 Commissioner Micky Steinberg 12/31/2014 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: 12/3112015 Mayor Philip Levine 12131/21 12/31/2014 Commissioner Joy Malakoff 12/31/21 12/31/2015 Commissioner Micky Steinberg 12131121 12/31/2014 Commissioner Michael Grieco 12131121 12/31/2014 Commissioner Joy Malakoff 12/31/21 12/31/2014 Commissioner Michael Grieco 12/31/20 12/31/2014 Commissioner Jonah M. Wolfson 12131117 Page 51of63 (Continued .... 837 Board and Committees Current Members R. Martinez Applicants Alex Espenkotter Christina LaBuzetta Deborah Ruggiero Irene Valines Irina Pindelea Kimberly Diehl Laura Cullen Lori Gold Melissa Mokha Rachel Schuster Tegan Eve Police Chief Position/Title Wednesday, February 05, 2014 Applicants Brad Fleet David Crystal Eugenio Cabreja Irene Valines Keith Menin Larry Colin Leif Bertrand Marina Aviles Prakash Kumar Richard Preira Tiva Leser 838 Position/Title Page 52 of63 Board and Committees Current Members Production Industry Council Sec. 2-71 Composition: The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make one direct appointment. All regular members shall have knowledge of the fashion, film, new media, production, television and or recording industries of the city. Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly involved with that industry. City Liaison: Graham Winick Vacancy: Members: Name Belkys Bruce Daniel Joanna Joanna-Rose Noreen Applicants To replace Joyce Gal but Production Last Name Position/Title Nerey Production Orosz Fashion Davidson Fashion Popper News Media Kravitz Recording Industry Legault-Mendoza TV/Film Position/Title 12/31/2014 Mayor Philip Levine Term Ends: Appointed by: Term Limit: ----~ 1213112015 Commissioner Deede Weithorn 12/31/18 12/3112014 Commissioner Ed Tobin 12/31115 12/3112014 Commissioner Michael Grieco 12/31121 12/31/2014 Commissioner Joy Malakoff 12/31121 12/31/2015 Commissioner Micky Steinberg 12/31121 12/31/2015 Commissioner Jonah M. Wolfson 12/31117 Applicants Position/Title Aleksandar Stojanovic Christina Nicodemou Irene Valines Lisa Ware Samantha Bratter 839 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 : Jane Jeannette Marcella Michelle Vacancy: Members: Name Alfredo Allison Calvin Carl Irene Jeff Oren Applicants Jonathan Parker Leif Bertrand Michelle Green William Cahill Hayes Egozi Paz Cohen Green To replace Jerry Marsch To replace Joel Aberbach To replace Barbara Gillman Last Name Position/Title Rey Stone Kohli Linder Va lines Gordon Lieber (TL 12/31/2014) Position/Title Wednesday, February 05, 2014 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 12/3112013 Gongora Malakoff 12/31/19 12/31/2014 Mayor Philip Levine 12/31/2015 Mayor Philip Levine 12/31/2014 Commissioner Jonah M. Wolfson Term Ends: Appointed by: Term Limit: 12131/2014 Commissioner Deede Weithorn 12131117 12/31/2015 Commissioner Michael Grieco 12/31/21 12/31/2014 Commissioner Micky Steinberg 12/31/16 12/31/2014 Commissioner Michael Grieco 12/31/21 12/31/2014 Commissioner Ed Tobin 12/31/19 12/31/2015 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Ed Tobin 12/31/14 Applicants Leah Rey Meryl Wolfson Silvia Rotbart 840 Position/Title Page 54 o/63 Board and Committees Current Members Single Family Residential Review Panel 2006-3529 Composition: The panel shall be composed of three (3) members, two of whom shall be architects an/or other registered design professionals, and one shall be a resident of the City, each to serve for a term of one (1) year. Panel members shall not deliberate in more than four (4) meetings per calendar year unless required due to inability to satisfy the quorum requirement. Panel members shall be chosen by the City Manager or designee on a rotating basis or as available from a list of not more than 20 architects and/or other registered design professionals, as well as a list of residents of the City. In developing the list of registered professionals, names should be submitted from the following associations: (1) American Institute of Architects, local chapter (2) American Society of Landscape Architects, local chapter (3) American Planning Association, local section (4) The Miami Design Preservation League (5) Dade Heritage Trust - Liaison: Thomas Mooney Vacancy: To replace Daniel Registered Design Prof. 12/31/2015 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 Wednesday, February 05, 841 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 Vacancy: City Commissioner Mayor Philip Levine Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: David Doebler 12/31/2015 Commissioner Micky Steinberg 12/31120 Debra Leibowitz 1213112015 Commissioner Deede Weithorn 12/31/15 Erica Durst 12/31/2014 Commissioner Michael Grieco 12131/21 Judith Wurm an 12/31/2014 Commissioner Joy Malakoff 12/31/21 Lily Furst 12/31/2015 Commissioner Jonah M. Wolfson 12/31/15 Luiz Rodrigues 12/31/2014 Commissioner Ed Tobin 12/31/15 Susan Hart 12/31/2015 Mayor Philip Levine 12/31/21 Applicants Position/Title Applicants Position/Title Amy Rabin Daniel Manichello Elizabeth Pines Jason Biondi Marivi Iglesias Russell Hartstein Wednesday, February 05, 2014 Andrea Lisa Travaglia Elizabeth Carmargo Gisele Colbert Kimberly Eve Mihaly Lenart Walker Burttschell 842 Page 56 o/63 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 Vacancy: Zachar Jr. To replace Jeffrey Forster Members: Name Last Name Carrie Johnson David Berger Dolores Hirsh Gayle Durham Tegan Eve Applicants Barbara Herskowitz Kimberly Diehl Lori Nieder Melissa Mokha Steve Berke Wednesday, February 05, 2014 Position/Title Position/Title 12/3112013 Bower Levine 12131/20 12/31/2015 Commissioner Micky Steinberg Term Ends: Appointed by: Term Limit: 12/3112014 Commissioner Deede Weithorn 12/31/20 12/31/2014 CommissionerJoyMalakoff 12/31/19 12/31/2015 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Ed Tobin 12/31/20 12/31/2014 Gongora Malakoff 12131120 Applicants Donna Ganz Laure Mckay Marlene Pross Stephen Donnelly Vicki Petruzzelli 843 Position/Title Board and Committees Current Members Transportation and Parking Committee Composition: Committee shall consist of fourteen ( 14) members. Sec. 2-190.91 The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent coordinating representative: 1) Miami Beach Chamber of Commerce's Transportation and Parking Committee, 2) Miami Beach Community Development Corporation, 3) Ocean Dr. Association, 4) Miami Design Preservation League, 5) North Beach Development Corporation, 6) Mid-Beach Community Association, 7) Lincoln Rd Marketing, Inc., On an annual basis, the members of the committee shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members of the committee shall consist of a quorum of the committee and shall be necessary in order to take any action. The members of the voting committee shall have knowledge of and interest in Transportation and Parking and their impact on the City of Miami Beach. The members of the board shall be officially designated by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. City liaison: Saul Frances Vacancy: To replace Maria Mayer 12/31/2015 Commissioner Ed Tobin Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ------ Deborah Ruggiero 12/31/2014 Eric Ostroff 12/3112014 Josephine Pampanas (TL 12/31/2014) 12/31/2014 Ray Breslin 12/31 /2015 Scott Diffenderfer 12/3112015 Seth Wasserman 12/31/2015 Al Feola Delvin Fruit Jo Asmundsson Madeleine Romanello Mark Weithorn vacant Rep. for the Ocean Dr. Imp. Assoc. 12/31/14 Rep. for Mid-Beach Community Assoc. -12/31/15 Rep. for MBCDC 12/31/14 William "Bill" Hahne Applicants Rep. for MBCC 12/31/13 Rep. for NBDC 12/31/15 Rep. for Lincoln Road Marketing Rep. for MDPL 12/31/13 Position/Title Wednesday, Februal)-' 05, 2014 Applicants 844 Commissioner Micky Steinberg 12131121 Commissioner Deede Weithorn 12131118 Bower Levine 12/31114 Commissioner Joy Malakoff 12131/21 Commissioner Jonah M. Wolfson 12131115 Commissioner Michael Grieco 12131/16 Position/Title Page 58 of 63 (Continued. ... Board and Committees Current Members Amy Rabin Daniel Manichello David McCauley Gianluca Fontani Leif Bertrand Sasha Boulanger Tiva Leser Cheryl Jacobs David Alschuler Dorian Nicholson Laure Mckay Mance Buttram Steven Oppenheimer ·l'iMi.Ji>.o;.,,__>:<-•,,..,,_,,,,"j"rno-o".'·'~~-cz.;co,.di··;,"J±..~.,,.~,:x..:,:.·,~b-J:JUJJJ...Wiwmc>n..,,,«}o:i>,...,,,.,..,,,,>Jl,.1mIT.'lil•ild•il~i't-A'cd1M .. < :••y_,,__,,,.,._."'°'""''·,....,,....,_~ii;t.'"•"1,,_;0;"l<O'·,.,; ,;;,;,WI<·-'•»--~< .-~· ="-=~i "l,l;:i:'ll•t.'ii;l;"l'.\,1..'111'.oJ•,I. ,•,~»H.»ik-\«IY· "''·.,,....,..,~:.~::•rn:rn•~ Wednesday, February 05, 2014 Page 59of63 845 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 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: Grisette Roque. Vacancy: Members: Name Aaron Margaret (Peggy) Steven Applicants Adrian Gonzalez Ammette Mason Calvin Kohli Christy Farhat Eric Lawrence James Lloyd Jeffrey Graff Joshua Wallack Keith Menin To replace Keith Hotel Industry Menin 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 Hotel Industry At-large (TL 12/3112014) PositionJTitle Wednesday, February 05, 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: 12131/2014 City Commission 12131/2014 City Commission 12131/2014 City Commission Term Limit: 12131116 12131117 12/31/14 Applicants Albert Mertz Barry Meltz Charles Million Dona Zema Harold Foster Jared Galbut Jennifer Diaz Karen Brown Position/Title Kristen Rosen Gonzalez Page 60 of 63 (Continued .... 846 Board and Committees Current Members Laure Mckay Natalie Koller Stanley Shapiro Tim Nardi Laurence Herrup Seth Feuer Stephen Hertz Wendy Kallergis 847 Page 61of63 Board and Committees Current Members Waterfront Protection Committee Sec. 2-190.122 Composition: The committee shall consist of: seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non- voting ex-officio members to be comprised as follows: 1) Seven (7) citizens having an interest in the preservation of the city's beaches and the purposes of the committee, 2) The city's environmental specialist as an ex-officio member, 3) An individual appointed by the Miami Dade County Department of Environmental Resources Management (DERM), Natural Resources Division who holds the position of Special Projects Administrator II as an ex-officio member and, 4) A member of the city's Beach Patrol. City Liaison: Elizabeth Wheaton Appointments To Be Made : William Cahill 12/31/2013 Commissioner Ed Tobin Vacancy: To replace Jeffrey 12/31/2015 Mayor Philip Levine Feldman To replace Charles 12/31/2014 Commissioner Deede Weithorn Fisher To replace Matthew 12/31/2014 Commissioner Joy Malakoff Krieger Members: 12/31/20 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Barbara Morris Robert Brian Flynn Joe Fisher Margarita Wells Applicants Alan Fishman Gisele Colbert Kimberly Eve Luiz Rodrigues Hershkowitz Sunshine Kraft (TL 12/31/2014) 12/31/2014 Commissioner Micky Steinberg 12/31114 12/31/2015 Commissioner Michael Grieco 12/31/15 12/31/2015 Commissioner Jonah M. Wolfson 12/31 /16 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 Larry Colin Silvia Rotbart Position/Title Wednesday, February 05, 2014 Page 62 o/63 848 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 : Dana Vacancy: Members: Turk en To replace Paul Stein 12/31/2013 Exposito Grieco 12/31/2014 Mayor Philip Levine 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Annette Esther Jeffrey Michael Stephanie Maria Ruiz Applicants Cannon Egozi Choukroun Graff Burns tine 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 Wednesday, February 05, 2014 12131/2014 Commissioner Ed Tobin 12131/2014 Commissioner Joy Malakoff 12/31/2014 Libbin Steinberg 12/31/18 12/31/17 12/31116 12/31/2015 Commissioner Jonah M. Wolfson 12131/19 12/31/2015 Commissioner Deede Weithorn 12/31/15 Applicants Barbara Herskowitz Christy Farhat 849 Position!Title 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 • FIU 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 Gongora • Miami-Dade County League of Cities Commissioner Deede Weithorn • Miami-Dade County Homeless Trust Board Ricky Arriola • The Adrienne Arsht Center for the Performing Arts Center Trust Victor Diaz • Miami-Dade County Charter Review Task Force Mitchell Kaplan • The Adrienne Arsht Center for the Performing Arts Center Trust Richard Milstein • The Adrienne Arsht Center for the Performing Arts Center Trust F:\CLER\$ALL\a City Commission\Non City Commission Committees 060513.docx 850 City Commission Committees r.ommlttee Position HrstName 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 Member Alternate Liaison Commissioner Jonah Wolfson Commissioner Michael Grieco Commissioner Deede Weithorn Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Vice-Chair Member Commissioner Ed Tobin Commissioner Micky Steinberg Commissioner Deede Weithorn Wednesday, February 05, 2014 851 Appointed by 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 bmtttee Alternate Liaison Posltbl First Name Commissioner Joy Malakoff Barbara Hawayek, City Manager Wednesday, February 05, 2014 852 Appointed by Mayor Levine Page 2 of 2 THIS PAGE INTENTIONALLY LEFT BLANK 853 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beacn, Florida 33139, www.miamibeachR.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: BOARD AND COMMITTEE APP 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 (Total Vacancies: 7) 2. Board of Adjustment (Total Vacancies: 3) 3. Budget Advisory (Total Vacancies: 1) 4. Capital Improvements Projects Oversight Committee (Total Vacancies: 5) 5. Design Review Board (Total Vacancies: 5) 6. Health Advisory Committee (Total Vacancies: 7) 7. Health Facilities Authority Board (Total Vacancies: 1) 8. Historic Preservation Board (Total Vacancies: 3) 9. Miami Beach Cultural Arts Council (Total Vacancies: 5) 10. Miami Beach Human Rights Committee (Total Vacancies: 6) 11. Personnel Board (Total Vacancies: 3) 12. Planning Board (Total Vacancies: 1) 13. Visitor and Convention Authority (Total Vacancies: 4) 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 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. F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 02-12-2014.doc 854 Agenda Item Date RC/ !11 '2-/2-f '( 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 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 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. Saland 12131/2013 City Commission 1213112013 City Commission 1213112013 City Commission 1213112013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Wednesday, February 05, 2014 Page 4 of63 855 12/31/17 12/31/17 12/31/17 12/31/17 Board and Committees Current Members To replace Jeremy (4) Low-Income Adv Members: Name Charles David Juan Muayad Applicants Andrew Fischer Glazer Last Name Urstadt Smith Rojas Abbas Dr. Barry Ragone Gotlinsky Barbara Joseph Landesman Marie Towers Stephen Zack Wednesday, February 05, 2014 Positionff itle (8) Local Plann. Bd. (3) Rep. Labo H.Bld. TL 12-3 (2) Banking/Mortgage {5) For Profit Positionffitle 12/31/2015 City Commission Term Ends: Appointed by: Term Limit: 12131/2014 City Commission 12131/2014 City Commission 12131/2014 City Commission 12/31/2014 City Commission Applicants Position/Title Britta Hanson Emily Eisenhauer Jason Biondi Karen Fryd Ryan Homan 856 Page5of63 12/31117 12131114 12/31/16 12131117 Board and Committees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a 5/7th vote. RSA 1-2 Sec 118- 1 "11 Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, 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 aTY 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 Vacancy: Urquiza At-Large 12/31/2013 City Commission 12131 /17 To replace Joy Malakoff At-Large 12/31/2014 City Commission To replace Liar Leser Financial Consultation 12/31/2015 City Commission Members: Name Bryan Larry Noah Richard Applicants Last Name Rosenfeld Colin Fox Preira Wednesday, February 05, 2014 Position/fitle CPA Gen. Business Real Estate Developer Law Positionffitle Term Ends: Appointed by: Term Limit: 12131/2015 City Commission 12/31/15 1213112015 City Commission 12/31/19 12/31/2014 City Commission 12/31118 12/31/2014 City Commission 12/31/16 Applicants Positionffitle Page 9 o/63 (Continued .... 857 Board and Committees Current Members Aaron Davis Andres Asion Brian Ehrlich Deborah Castillo Gabriel Paez Guy Simani Jack Benveniste Jeffrey Feldman Jonathan Beloff Kristen Rosen Gonzalez Muayad Abbas Richard Alhadeff Scott Needelman Wesler Castellanos Wednesday, February 05, 2014 Alexander Annunziato Andrew Fischer Brian Elias Frank Del Vecchio Gary Twist Heidi Tandy James Silvers Jessica Conn Kathleen Phang Mark Alhadeff Nelson Fox Roberta Gould Seth Frohlich 858 Page JOo/63 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 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: John Woodruff Vacancy: To replace Financial Adv. Jacqueline Lalonde Members: Name Last Name Position/Title Christopher Pace David Lancz Dush an Koller Jack Benveniste John Gardiner Marc Gidney C. P. A. (TL 12/31/2014) Ronald Starkman Stephen Hertz Applicants PositioD!Tit1e Brian Harris Carl Linder Elliott Alhadeff John Bowes Noah Fox Wednesday, February 05, 20U 12/31/2014 City Commission Term Ends: Appointed by: Term Limit: 12/31/2015 Mayor Philip Levine 12/31/21 12/31/2014 12/31/2015 12/31/2015 12/31/2015 Commissioner Deede Weithorn 12/31/18 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Joy Malakoff 12/31/15 Commissioner Michael Grieco 12/31/16 12/31/2014 City Commission 12/31/14 12/31/2014 Commissioner Micky Steinberg 12/31/21 12131/2014 Commissioner Ed Tobin 12131/16 Applicants Bryan Rosenfeld Dwight Kraai Eric Lawrence Lisa Ware Regina Suarez 859 Position!Tit1e Page 11 o/63 Board and Committees Current Members Capital Improvements Pr~jects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input to the committee. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: David Martinez Appointments To Be Made : Saul Brian Vacancy: Gross Ehrlich (1) Mayor Designee (C3) Developer(TL 12/31/2014) To replace Dwight (2) Engineer Kraai To replace (C5) Developer Christina Cuervo Wednesday, February 05, 1014 12131/2013 Bower/ Levine 12131/2013 City Commission 12/31/2014 City Commission 12/31/2015 City Commission Page 12 of63 860 12/31/15 12/31/14 Board and Committees Current Members Members: To replace Elizabeth Camargo To replace Stacy Kilroy (C2) Architect 12/31/2015 City Commission (C3) Coonst Gen. Contr 12/31/2014 City Commission Name Last Name Position/Title 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 Wednesday, February 05, 2014 (C4) At-large (C5) Engineer (C4) Cap.Budg/Finance Positionffitle 12131/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants Carl Linder Dominique Bailleul Gianluca Fontani Ivette Isabel Borrello John Turchin Kay Coulter 861 Position/Title Page 13of63 12/31/18 12131/17 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; 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 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: Thomas Mooney Appointments To Be Made : Manuel (Mickey) Minagorri At-large Jason Leslie Vacancy: Members: Hagopian Tobin Registered Architect Registered Architect To replace Seraj Lands. Architect Saba To replace Marilys Architect Nepomechie 12/31/2013 City Commission 12/3112013 City Commission 12/31/2013 City Commission 12/31/2015 City Commission 12/31/2014 City Commission 12/31/17 12131/15 12/31/16 Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Carol Kathleen Housen Phang Wednesday, February 05, 2014 At-large Attorney 12/3112014 City Commission 12/31/2014 City Commission 12/31/16 12/31/19 Page 13 of 63 (Continued .... 862 Board and Committees Current Members Gary Held Thomas Mooney Vacant Applicants Adam Kravitz Alexander Orlofsky Brian Ehrlich Bryan Rosenfeld Deborah Castillo Elsa Urquiza Francis Steffens Jean-Francois Lejeune Jeffrey Feldman Jessica Conn Jurgen Brendel Marina Novaes Nelson Fox Sarah Johnston Seth Wasserman Suzanne Hollander Wesler Castellanos advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Position!f itle Wednesday, February 05, 2014 Applicants Alexander Annunziata Andres Asion Brian Elias Clotilde Luce Edgar Sarli Francinelee Hand Gary Twist Jeffrey Cohen Jennifer Lampert John Turchin Keith Menin Matthew Krieger Ryan Homan Seth Frohlich Stacy Kilroy Terry Bienstock 863 Position/Title Page24 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, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex- officio member of the board. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agend Archives website is located at http://miamibeachfl.gov/ cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the OTY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on 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 Private Individual Nursing Profession Private Individual Health Provider 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission Vacant To replace Dr. Jay Rein berg CEO/MB Comm. Health 12/31/2015 City Commission Physician 12/31/2014 City Commission To replace Anthony Japour ACLF Last Name Null man Kruger Position/Title Physician (TL 12/31/2014) Physician 12/31/2014 City Commission Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/15 12/31/15 12/31/15 12/31/16 Term Limit: 12/31/14 12/31/16 Wednesday, February 05, WU Page30o/63 864 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 Positiontritle Wednesday, February 05, 2014 12/31/2014 City Commission 12131/2014 City Commission Applicants Jared Plitt Leah Rey 865 Position!Title Page31 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/cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Patricia Walker Vacancy: Members: Name Arthur Marc Mark Sidney vacant Applicants David Berger Rachel Schuster Shaheen Wirk To replace Alison Attorney Stone Last Name Unger Um las Sinnreich Goldin Positionff itle Accountant Health Provider Health Provider General Business Chairperson, Health Advisory Board Position/Title Wednesday, February 05, JOU 06/19/2017 City Commission Term Ends: Appointed by: Term Limit: 06/1912016 City Commission 06/1912014 City Commission 06/19/2015 City Commission 06/19/2014 City Commission Applicants Dr. Elsa Orlandini Rosalie Pincus 866 Position/Title Page31of63 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. 118-101 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/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:miamibeachft.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: Wiliam Cary Appointments To Be Made : Ira David Vacancy: Members: Giller Wieder Reg_ Architect Attorney To replaace Henry Faculty Member Lares 12/31/2013 City Commission 12131/2013 City Commission 12/31/2015 City Commission 12/31/17 12/31/15 Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Dominique Herb Bailleu I Sosa Wednesday, February 05, 2014 At-large MDPL 12131/2014 City Commission 12/31/2014 City Commission Page34 o/63 867 12/31/16 12131/15 Board and Committees Current Members Jane Josephine Applicants Gross Manning Adam Kravitz Alejandro Dominguez Deborah Castillo Elizabeth Pines Jean-Francois Lejeune Kathleen Phang Marina Novaes Raymond Adrian Wednesday, February 05, 1014 Dade Heritage At-large Positionffitle 12/31/2014 12/31/2014 City Commission City Commission Applicants Albert Mertz Brian Elias Dona Zema Francis Steffens Jennifer Lampert Marilys Nepomechie Mark Alhadeff Richard Alhadeff 868 Positionffitle Page35of63 12/31/16 12/31/14 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 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 Merle Vacancy: Members: Name Beatrice Daniel Eda Gregory Marjorie Zoila Applicants Allee Newhoff Annette Fromm Calvin Kohli Elizabeth Pines Eugenio Cabreja Israel Sands Million Weiss To replace Ileana Bravo-Gordon To replace Isadore Havemick To replace Nina Duval Last Name Position!fitle Hornstein Novela Valero-Figueira (TL 12131/2014) Melvin O'Neill-Buttler Datorre {TL 12/3112014) Position/Title Wednesday, February 05, 2014 12131/2013 City Commission 12/31117 12131/2013 City Commission 12/31117 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 12131/2015 City Commission 12/31/15 1213112014 City Commission 12/31/14 12/31/2014 City Commission 12/31 /15 12/31/2015 City Commission 12/31 /15 12/31/2014 City Commission 12/31/14 Applicants Position/Title Ammette Mason Bradley Ugent Christina LaBuzetta Elliott Alhadeff Ileana Bravo-Gordon Janda Wetherington 869 Page .tfl of 63 (Continued .... Board and Committees Current Members Jason Witrock Joanna Popper Lateresa Jones Michael McManus Monica Minagorri Nicole Doswell Pedro Menocal Wednefday, February 05, 1014 Jenna Ward Kara White Mark Balzli Monica Harvey Nathaniel Korn Patti Hernandez Steve Berke 870 Page42of63 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: carla Gomez Appointments To Be Made : Walker Alan William Bradley Vacancy: Members: Name Monica Rachel Rafael Applicants Burttschell Fishman Law Warren Jr. Ugent To replace Dr. Barry Ragone To replace Carlos J. Ortuno To replace Elizabeth Schwartz Last Name Harvey Um las Trevino Position/Title Positionffitle Andrea Lisa Travaglia Dr. Andrew Nullman Wedne~day, February 05, 2014 1213112013 City Commission 12/31/16 1213112013 City Commission 12/31/16 12131/2013 Bower Levine 12/31/19 12131/2013 City Commission 12131/18 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2015 City Commission Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/3112014 City Commission 12/31/2014 City Commission Applicants Position!fitle ----- Brad Fleet Page 43 of 63 871 12/31/18 12131/18 12131/16 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 Department, Group II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerkf scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Sylvia Crespo-Tabak 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 12/31115 Name Last Name Positionfl'itle Term Ends: Appointed by: Term Limit: Gabriel Lori Mojdeh Paez Gold Khaghan 12131/2014 City Commission Christopher Diaz Evette Phillips George Castell Sylvia Crespo-Tabak Applicants Dr. Elsa Orlandini Matthew Krieger Nancy Wolcott 12131/2014 City Commission 12/31/2014 City Commission 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 Positionffitle Applicants Harold Foster Michael Perlmutter Richard Preira Position/Title Wednesday, February 05, 2014 Page48of63 872 12/31/15 12131/18 12131/16 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 S/7ths vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and/or experience. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Katia Hirsh. Vacancy: To replace Henry General Business Stolar Members: Name Last Name Brian Elias Frank Kruszewski Jack Johnson Jean-Francois Lejeune Jeffrey Feldman Wednesday, February 05, 2014 Positiontritle Geneal Business General Business Historic Preservation Architect Developer 12/31/2015 City Commission Term Ends: Appointed by: Term Limit: 12/31/2015 City Commission 12/31/19 12/31/2014 City Commission 12/31118 12/31/2014 City Commission 12/31/18 12131/2014 City Commission 12131/17 12/31/2015 City Commission 12131/19 Page49of63 873 Board and Committees Current Members Jonathan Beloff Applicants Aaron Davis Albert Mertz Alexander Annunziata Brian Ehrlich David Berger Dominique Bailleu! Gary Twist Jack Benveniste Jared Galbut Jennifer Lampert Joshua Wallack Madeleine Romanello Mark Alhadeff Muayad Abbas Noah Fox Robert Sena Sarah Johnston Seth Frohlich Wednesday, February 05, 2014 Attorney Positionffitle 12/3112015 City Commission Applicants Adam Kravitz Alex Espenkotter Andres Asian Daniel Veitia Deborah Castillo Francis Steffens Guy Simani James Silvers Jeffrey Cohen Jessica Conn Kathleen Phang Marina Novaes Matthew Krieger Nelson Fox Richard Alhadeff Ryan Homan Scott Needelman Suzanne Hollander 874 Positionffitle Page50of63 12131115 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 industryi 2) and the remaining members none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the authority or employee therefore violating or failing to comply with provisions of this article shall be deem to have vacated his office or position. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CTTY 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 Eric Lawrence James Lloyd Jeffrey Graff Joshua Wallack Keith Menin To replace Keith Menin To replace Micky Ross Steinberg To replace Jacqueline Hertz To replace Jeff Lehrman Hotel Industry At-large At-large Hotel Industry Last Name Position!fitle Perry At-Large Benua Hotel Industry Adkins At-large (TL 12/31/2014) Positionn'itle Wednesday, February 05, 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 12/3112014 City Commission 1213112014 City Commission Term Limit: 12/31/16 12/31117 12/31114 Applicants Position/Title Albert Mertz Barry Meltz Charles Million Dona Zemo Harold Foster Jared Galbut Jennifer Diaz Karen Brown Kristen Rosen Gonzalez 875 Page 60of63 (Continued. ... Board and Committees Current Members Laure Mckay Natalie Koller Stanley Shapiro Tim Nardi Wednesday, February 05, 2014 Laurence Herrup Seth Feuer Stephen Hertz Wendy Kallergis 876 Page61 o/63 THIS PAGE INTENTIONALLY LEFT BLANK 877 e 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 15th. 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 We ore ~"'1•m'•1ec' iu ;J';>'.'cding e.•celient pvd1c .1ro1•,iC'e and 1afc,1, ro o!i who 1;.,·o WO•~. ond ,o!oy ;,, vur ,;b,on'. lr;)p'<;;ol. i Agenda Item _fil_A 'Z.-: oate _J. ~12 -1r 878 THIS PAGE INTENTIONALLY LEFT BLANK 879 R9 • New Business and Commission Requests R981 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.) R982 Dr. Stanley Sutnick Citizen's Forum. (1 :00 p.m.) 880 Agenda Item R9/J/-2 Date ~-12-1r THIS PAGE INTENTIONALLY LEFT BLANK 881 R9 • New Business and Commission Requests R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) 882 Agenda Item R 9C Date ;l-/.;2-lf{' THIS PAGE INTENTIONALLY LEFT BLANK 883 (9 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: January 9, 2014 SUBJECT: Agenda Item for January 15, 2014 City Commission Meeting Please place on the January 15th City Commission Meeting a discussion and action item regarding the selection of the management contract for the tennis facilities at North Shore Park and Flamingo Park to include: • Status and significance of old RFP following the September 2013 Commission meeting; • Present posture and status of the tennis management contract and • The City Commission's options available for selection of a long term management contract for these facilities. If you have any questions please do not hesitate to call our office. Best Regards, Dessiree Kane on behalf of Commissioner Ed Tobin We are cammrlled /o prc11idmg excellP.f'! public service and safer; 10 alf y,,f;o live, v.wt and play in 001 v1branr Jrap1cal. h1slanc cammw1dy. Agenda Item RC/ D Date 2 ~12-ltf 884 THIS PAGE INTENTIONALLY LEFT BLANK 885 MIAMI BEACH City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov COMMIITEE OF THE WHOLE MEMORANDUM TO: Mayor Philip Levine and Members f the City t:;;on FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: COMMITTEE OF THE WHOLE - A DIT COMMITTEE BACKGROUND The "Committee Of The Whole" serves as the City's audit committee to review the following items: • The External Auditors' reports. • Internal Audit's annual risk areas I plan. • Annual Review of Internal Audit findings and status. The external auditor reports are not usually finalized until July and will be presented at a later date. At this time, a discussion covering the results of the previous year's Internal Activities will be covered along with any feedback of the City's Internal Audit's annual risk areas I plan. The City's Internal Audit Division, a component of the Office of Budget and Performance Improvement, is responsible for ensuring: • Compliance with Resort Tax Ordinances by auditing Miami Beach businesses; • Compliance with City policies and procedures and financial integrity and sufficiency of internal controls by Departments and Not-for-Profits; • Supporting and special projects assisting other City areas; and • Integrity of performance measures reported Citywide. The Division is comprised of nine full time staff members including four auditors, four field agents and 30% of an office associate {shared resource). Three field agents are responsible for auditing businesses required to file resort taxes and one field agent is responsible for sanitation audits of franchise haulers and roll-off operators as well as the administrative functions of the City's Cleanliness Assessment program. Also, half of two auditors' positions are allocated to audits of the Parking Department. Additionally, the Internal Auditor, Assistant Internal Auditor, and the office associate provide support for the resort tax function, resulting in the equivalent of 2.8 full time general fund employees {FTE's) for the internal audits other than Parking and Sanitation. Approximately one half of these FTE's is directly attributed to assignment of internal audits. Resort Tax Audits The majority of resources in the Division are dedicated to auditing the Miami Beach businesses required to report and remit resort taxes. This effort is supported by approximately half of the positions in the Division as well as by outside contract auditors_ Resort tax generated for the fiscal year 2012/13 was $58,617,992. Scheduled audits are based upon the type of business, the actual resort tax receipts received, and the frequency of the last audit There are approximately 1,830 businesses registered to collect resort taxes recorded on the Resort Tax database maintained by the 886 Agenda Item 1<913 I Date .).-/2.-ff( City's Finance Department. Our goal is to audit the 749 registered businesses which file monthly returns consisting of hotels, restaurants, nightclubs, and bars at least once every five years or approximately 150 per year. New accounts are targeted to be audited soon after opening. The remaining 1,063 accounts which file annual returns representing apartments having less risk are audited much less frequently. The total combined goal of monthly and annual accounts is about 250 resort tax audits per year. In fiscal year 2012/13 the Division completed 172 resort tax audits (69% of our total goal) of which 118 were hotels, restaurants, nightclubs, and bars. Total audits completed fell short due to the contracted audit firms only performing 61 out of the 100 audits targeted for completion. In addition, City field agents needed additional hours to complete larger audits which often resulted in higher assessments. While the number of audits was less than the previous year, the 172 audits resulted in tax assessments of $649,683. Our field agents' assessments comprised 73.8% of this amount. Total assessments are significantly over the previous fiscal year 2011/12's total of $278,579. These assessments for fiscal year 2012/13 represented 3.2% of the total resort tax reported for these 172 entities over the multi-tax year audited and approximately 1.1 % of the total resort tax generated for fiscal year 2012/13. More importantly, the audits serve as a deterrent to help ensure better compliance with the City's resort tax ordinances. Internal Audits Scheduled audits are those areas targeted by the Internal Audit Division based on a risk assessment approach. Audits are classified as high, medium or low risk. As expected, higher risk areas are subject to more frequent audits than lower risk areas. The Parking Department is considered particularly high risk due to the significant amounts of revenues received and the manner of collection and therefore has resources dedicated for continuous audits. The review of waste franchise contractors and roll-off haulers for compliance with the City's sanitation ordinance also has been made a priority over the past several years. In addition, inputs for audits in other Departments are obtained from Directors and the City Manager. In general, our internal audit goals are as follows: • Audit 90% of the high risk areas approximately once every five years • Audit 75% of the medium risk areas approximately once every seven years • Audit 60% of the low risk areas approximately once every ten years However, special circumstances are taken into account which may lengthen or shorten the period. In addition, unplanned projects may impact the schedule in any given year. Annually required audits include those mandated by City Code and State Agreements, as well as providing assistance to the City's external auditors. At previous Finance and City Wide Projects Committee meetings, the Committee recommended that the administration present a report annually on the status of Department and Not-For-Profit Internal Audits within the City. Attached is our Status of Audit Areas through Fiscal Year 2012/13 (Exhibit 1 ). Audits completed in 2013 are shown in bold. Overall, twenty-four Department, Not-For-Profit and continuous audit areas were completed during fiscal year 2012/13 which included four audit scheduled areas completed by an outside firm (Crowe Horwath). That represents 77% completed out of thirty-one audit areas initially targeted for the year. Sixteen of the audits in addition to three continuous monitoring audits in Parking were accomplished by 2.5 FTEs of the internal audit staff. An additional continuous audit of sanitation was accomplished by a field agent. The following is a listing of those audits performed for the past fiscal year. 2 887 Internal Audits -Available On Line Building Department -Certificates of Completion and Occupancy Building Mechanical, Electrical, and Plumbing (MEP) Permit Fees Cultural Arts Council 9/2012 Fire and Police Pension Employee Buybacks First Class Parking, LLC Valet Parking Operational Audit -Art Basel 2012 Market Company Inc. -Green Markets Management Agreements Production SUD Inc. -Antiques Market Management Agreement State Beachfront Management Agreement FY 2012 Internal Audit Reports -Pending Final Reports Controls for Access Cards Used for City Buildings Parking Meter Space Rentals General Pension Employee Buybacks Convention Center Catering and Concession Services Agreement SP Plus Municipal Services (Standard Parking) Management Agreement Public Works Department's Warehouse Inventory City Cellular Overage Charges Jewish Community Services Audits Performed by Outside firms Crowe Horwath -Performance and Operational Audit FY2012/13 Scheduled Internal Areas Covered: • Code Compliance Department -Complaints/lnspectionsNiolations • Fire Prevention Department -Permitting • Fire Prevention Department -Inspection • Planning Department Concurrency & Impact Fees/Permitting Additional Areas Covered: • Parking Enforcement Department Ticketing/TowingNalet • Public Works Department -Permitting • Special Master Out of the audit areas completed, two audits were added during the year and one was deleted. In addition, a significant amount of time was dedicated to non-audit areas such as assistance for the Cleanliness and Appearance index programs and the development of RFP and selection of firm for Emergency Management Services. Other areas requiring additional time were the supervision of resort tax audits and assistance to the Parking Department. The remaining eight audits were carried forwarded to the next fiscal year 2013/14. Out of these audits, one audit was in process and required additional scope for review. Another two related to auditing the City's Capital Improvement Projects (CIP). An RFP was issued during the year and a selection committee convened, however after reviewing the actions by the selection committee the City Administration decided it was better to reject the bids and utilize a State contractor for this service. Three others relating to CDBG, SHIP and HOME funding have been combined and submitted for bid to State auditing contractors. The Property Evidence Unit audit has been deferred to this summer pending review of a new inventory system. Notices for utility tax audits for natural gas pooled managers have been mailed. We have received information back from these companies questioning the auditability of these firms based upon previous legal opinions from the State Attorney Office which is currently being reviewed by the City Attorney Office. 3 888 For fiscal year 2012/13 internal audits to date included the following recommendations: • Additional safeguards over inventory processing and safeguarding for areas of Public Works; • Revisions to update several departmental procedures and improve internal controls over Building Department issued certificates of completion and occupancy, controls over access cards used for City buildings, and for recovery of City cellular overage charges; • Changes in procedures to comply to reporting requirements of approved grant funds distributed by the Cultural Arts Council; • Improve internal control processes for processing employee buybacks for both the Fire and Police and the General pension funds. • Verification of compliance to the terms of the Management Agreement to provide parking attendants and the review of expenses submitted for payment; • Review compliance to revenue sharing and terms of the two market concession agreements and the recovery of unreported revenues associated with audit; • Confirmation of funds forwarded to Jewish Community Services to be used for proper agency purpose, verification of performance measures, and recommendations for improvement in internal controls; · • Verification of performance of valet parking operations for Art Basel event, attended lots, meter enforcement, coin room, and compliance with Parking Department procedures for Meter Space rentals; • Verification of the revenue sharing and terms of concession services agreement for the catering convention center; • Operation audits contracted by outside firm targeted recommendations for improving internal controls and monitoring for compliance to these controls for the operational units examined. The Finance and Citywide Projects Committee suggested that Committee members have the opportunity to review the Internal Audit Reports on-line. Reports are listed on-line on the City's website at http://web.miamibeachfl.gov/obpi/scroll.aspx?id:::=36612. Parking Monitoring Reviews In the Parking area, the Division completed seventeen parking meter enforcement, four attended lot cash operations and four coin room reviews during the past fiscal year. Our parking meter reviews identified that areas of enforcement still fell short of desired benchmarks. However, this should improve as the Parking Department switches over to automated license plate reading technology. As of result of this pending switch, we will change our procedures of enforcement reviews to accommodate a review of exception based reports rather than actual site visits. For attended lots reviewed, the operational procedures were found to comply with the City's guidelines. In addition, coin room operations were generally functioning in accordance the City's procedures. Sanitation Audits In fiscal year 2006/07 a full time field agent was dedicated to monitoring and auditing waste haulers. This effort led to the issuance of six audit reports in fiscal year 2012/13 resulting in $44, 799 of audit assessments. Included in these audits were the audits of the franchise agreements for two of the City's franchise waste haulers. Other Support Provided by the Division Additional support was directed to performing non-audit activities. • Assistance was provided for Cleanliness Assessment Program along with the newly established Appearance data index. o Uploading Blackberry units for assessment o Reviewing assessment results for completeness. 4 889 • Hurricane related grant monitoring responsibilities for the past fiscal year continued with the preparation of Quarterly Reports to FEMA. • Assisted in the development of an RFP and selection of a firm for Emergency Support Services for city disasters. • Finalized citywide procedures for Mileage, Parking and Tolls. • Assistance to Parking Department regarding towing fees, valet parking, reconciliations, and refunds. • Assisted in further analysis for electrical and gas franchise and utility taxes. Fiscal Year 2013/14 Risk Assessment Areas /Audit Plan Areas highlighted on the Status of Audit Areas report represent those areas considered for audits based upon the projected frequency. These highlighted areas are a primary source in developing the annual audit plan. However, the comments provided also indicate reasons why areas may not be audited within the projected frequency. The current Audit Plan for FY 2013/14 is presented as Exhibit 2. As this is a working document, the schedule maybe subject to change depending upon any unforeseen audit requests. Included in this schedule are four audits to be outsourced to outside firms. The City is currently soliciting bids from State audit contractors. Contingent on the proposals received, it may be necessary to further refine these outsource audits dependent on current funding available. /,/\) 1W:JJS _/,/ ~IOBPl\$AU~:tTERNAL AUDIT FILES\DOC13-14\AUD COM\Discussion or Audits Comm or the Whole 2-12-14.doc 5 890 Exhibit 1 -Audit Areas 891 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Fiscal Year Ended 9/30/13 Areas highlighted are considered for audit based on projected frequency. Comments provided Indicate reasons why area may not be audited within the projected frequency. Department • Audit Area Mayor and City Commission I operations Administrative Support Services City Manager Office !Operations Communications Budget & Performance Improvement Management & Budget Grants Management Finance Cashier Functions· Central Cashier Cashier Functions -Other areas Building, Police, Parkinal City Payment Processing Fixed Assets Accumulated Leave Liabilitv Business Tax Receiots I Certificate of Use Communication Service Tax Franchise Fees & Ulilitv Taxes -Electric Franchise Fees & Ulilitv Taxes -Gas Utilitv Taxes -Gas Other Comoanies (Added} Investments Lien Letter Fees Pavroll Processina Resort Tax Operations Storm Water Fee Billing Water and Sewer Billinos Audit Areas 2013 2-12-14 Last Audit 2012 2012 2009 2009 2011 2008 2009 2009 2009 2012 2008 .1111~~m111 2011 2011 Risk ~ L L L L H M H H L M M M M M M L H Comments Annual budget has been presented to GFOA and earned their Distinguish Budget Award, and audited by external auditors. Grants are included in the City's single audit by the City's external auditors. Previously Franchise Cable & Utility Tax - Teleohone L Audits of resort tax business are under the internal audit function. Daily contact with this Finance section keeps Audit Division informed. M H 892 2/4/2014 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Fiscal Year Ended 9/30/13 Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Department -Audit Area Procurement Operations Public Auctions I Sale of Surplus Property Inf T h ormat1on ec no oav Operations (Applications, Support, Communications Services) IT Securitv lcontractl recommended Cellular Phone Charoes Human Resources Ocerations includes Labor Relations Review of Benefits Formulas Pension Time Purchased -General Fund Pension Time Purchased -Fire and Police Health, Dental and Life Insurance Risk Mana ement Workers Com ensation General Liabilit Insurance c itv Clerk Operations, Record Retention I Public Reouests Special Masters Election Invoices s for De artment Services City Attorney I Operations Economic Dev. & Cultural Events Economic Development Economic Oevelo ment Anchor Sho Retail I Gara es RDA -Administrative & 0 erations A M sset anaaement Beachfront Concession !Boucher Brothers\ City Leases, Historic City Hall, 777 Building, etc. Colony Theater Restaurant Agreement Ballet Valet Company Lease Agreement Vending Machines Corporate Sponsorship Concession Agreement Penrods Pier Park Miami Beach Marina South Pointe Restaurant ISmith & Wollenskv\ State Beachfront Manaaement Aoreement Green Market Concession -The Market Comoanv Antiaues & Collectible Market -Production SUD Audit Areas 2013 2-12-14 Last Audit 2011 2010 Annually Annuallv 2013 -~ =~: ~=-~: l =~: ~: ~::: i. 2005 2013 2013 2010 2012 2012 2011 2010 2008 2009 Risk ~ H M M H L L L L L L Comments Various contract and procurement policies are reviewed and comments under areas of user departments. Each year, external auditor reviews internal controls over IT functions in their annual audit. Outsource -Compensation cav Practices M Audit erformed b Outside Consultant L Audit erformed b Outside Consultant L M Crowe Horwrath Preformed operational review 2013 L L L 2010 L 2011 L 2010 M Historic City hall under renovation through 2008. 2008 L Reviewed RFP 2010 L :u::~•:::~~ M i H~ H ~ 1 ~ ~~ ~ rrn t~ ~ · M 2009 L 2010 L 2009 L 2013 L Reauired Annuallv bv State AQreement 2013 L 2013 L 2 893 2/4/2014 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Fiscal Year Ended 9130/13 Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Buildinq Operations Department • Audit Area Master Building Permit Fee Last Risk 2009 Comments H Outside Consultant completed an organizational review and operations analysis of the Building Department in 2009. H Building Fees· Electrical, Plumbing, Mechanical 2013 H Building Development Process Fee Study 1-o'""t.,..h_e_r .,..B-ui-ld-in-g-Fe_e_s_·_T_r_a-in-in-g-,""'E"'"le_v_a_to_r_l-ns_p_e_c-ti-on-s-,"";"":~"':~:"";:'"':::'"':~"":~:""~:"'~ --M-----1 completed in 2009. Procurement of new permitting ~~~=t7~~~t~xn~i~~r;~:~~.Building Code !l!llllllllllll!l!I system in 2009. Certificate of Completion I Occupancy 2013 Pl annma Operations Plans Review. Application Fees Concurrency Fees Parkinq lmoact fees Tourism & Cultural Develooment Soecial Events Bvron Carlvle Bass Museum Operation Cultural Arts Council Convention Center Management Contract I Revenues -Rents & leases, Concessions, Telephones, Electrical. Services Convention Center Food & BeveraQe/Centerolate Convention Develooment Tax Operations Code Com liance Code Enforcement Violations and Operations Services Community Services Homeless Outreach Services Housing & Community Development : ~:~ :i: i: i :~:~~~:~:1· 2013 2011 2010 2011 2013 2008 2013 2013 2001 H L L M L L L L L M M L In 2013, Crowe Horwath preformed operational review. Internal audit perfromed 2011; In 2013, Crowe Horwath oreformed ooerational review. Expenditure audit, minimum risk. Analysis of revenues and operations was done in 2003 for Friends of the Bass Audit Required annually by City Code Close-out audit of SMG contract County audit comoleted in 2008. H Review Code and Fire violations by Internal Audit in 2012. Crowe Horwath performed operational review of this area for 2013. L L CDBG grants ;i;i:iii\ilUti; M Department is reviewed periodically by the State 1-:-H-:--o_m_e---"I n"""v-e-st_m_e_n_t-::P:--a-rt_n_e_rs-:--h.,.-ip-s"""'(.,..H"'O""M""E="""E:--n--,tic:-tle-m-en"""'t.,...) .-~:,;~l.;.!i~~:r,,;ri!ir;ir.;.m"ff;t[ -,,-M:---iof Florida and HUD. State Housing Initiatives Part (SHIP) Programs Audit Areas 2013 2-12-14 3 894 2/4/2014 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Fiscal Year Ended 9130/13 Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Last Risk Department -Audit Area Comments Parks and Recreation Golf Manaoement Aareement Miami Beach Golf 2010 M Golf ManaQement AQreement Normandy Shores 2010 M Greenspace Manaaement ~~~ ~~:~: ~: ~:~:H~: [· L Landscaoina Aareements 2010 M Overtime <Parks & Recreation) 2010 M Recreation fees I Cashier functions 2010 M Tennis Centers Aqreement 2010 L Public Works Administration I En11ineerinq ~n;i: ~:=n nn: ~=~ L Bus Shelter I Lincoln Road Directories 2009 M DECO Bike Concession Aomt :;~ ~;~:i;;:~:l:~:; l' M Environmental Resource Manaaement =~: ~: ~n:; ~;=i= ~:~: L Area considered minimum risk. Inventory (Public Works) 2013 M Inventory Processinq 2009 M Ocerations -Sewer 2011 M Crowe Horwath -operational review on Public Ocerations -Storm Water 2011 M Works Permitting in 2013. Operations -Water 2011 M Ooerations -Streets. Street Liahts . ~= ;: : :: :: =~= ;: ; ~= :: L Overtime (Public Works) 2010 M Permit Fees -News Racks 2012 L Crowe Horwath -operational review on Public Works Permittin!l in 2013. Permit Fees -Wark in Riqht of Way 2011 L Permit Fees -Sidewalk 2012 L Purchasinq -Public Works 2009 M Transportation Manaqement ~:~:~2C102!:!;! L Water & Sewer lmoact Fees 2011 L Sanitation Operations .1i1:1~11111 L Worked with department management on hurricane debris and roll-offs last four years, no jproblems noted. Waste Franchise Fees 2013 M Audited two contractors in 2013 included below. Sanitation Fee Residential Billina 2011 M Sanitation Impact Fees (Construction & Commercial 2011 M Billinqs) Fines & Forthwiths (Sanitation) 2011 L Roll-Off Franchise Fees 2013 H Continuous audits. Comoleted 6 audits in 2013. Prooertv Manaciement Maintenance Aqreements 2008 M ID City Access cards 2013 L Internal Service Charae Billinas llncludina CAMl 2010 M lnventorv (Prooertv Manaaementl 2009 L Caoital Improvement Proiects ""F'""in"'"'a"'"n'""c""ia"'l ...:C...:o""n..:;.tr""o"'ls...:&~O""""o1e...:ra""ti"'o""ns"----------'.,.~',.,i: :,.,.:i-.,.:~'.,.~'~,.,:;,..:::.,.:~_"'-H'---!Areas combined, RFP issued in 2013, selection Capital Projects -Non-CIP, (Public Works, Parks, ,i.~.,i·,~.:.'.,i.~ .. :.:=,;,;.::~,l,~l,,~:~:~:~·j.'l H committee actions caused the bids to be rejected RDA, Convention Center, Etc.) il with audit to be done by State contractor in 2014. Audit Areas 2013 2-12-14 4 895 214/2014 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Fiscal Year Ended 9/30/13 Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Department -Audit Area Last Audit Risk ~ Comments p k" ar ma Attended Parking Lots MonitorinQ 2013 H Completed 4 reviews during the year. Boat Show Parking 2012 M Now performed annually thru quarterly attended lot review. Cashiers & Attendants Aareement (Standard Pkal 2013 M Coin Room {Monitoring) Meter Collection 2013 H Completed 4 reviews of coin room during the year. County Court Fines (Parkinal n= ~=~n :1:1:~:~:: ~ L Meter Collection Aareement 2009 M Parkina Debit Card/In Car Meters 2010 M Parking Enforcement Reviews (Meters) H Continuously monitored throughout year, 17 2013 separate reviews performed. Crowe Horwath performed operational review of enforcement in 2013. Parkina Permits (Non-Revenue) 2011 L Parking Permits {Revenue) 2012 M Space Rentals -Meters 2013 M Space Rentals -Parking Garages 2009 M Crowe Horwath performed operational review of valet in 2013. TowinQ Aareements Compliance 2012 L Performed by outside Firm Towing Fees -Parking Department 2009 L Crowe Horwath performed operational review of towing in 2013. Valet Parking Agreement (Art Basel) 2013 M F leet Mana11ement Fuel distribution 2009 M lnventorv & Processina 2010 L Operations/ Internal Service Charaes Billinas 2011 L Vehicle Purchases 2007 L Public Safety Police County Court Fines -Traffic 2012 L Follow-up audit preformed 10/2003, no exceptions were noted. False Alarm/Registration 1lll!llillilllllili L Internal Audit assisted police in reviewing new procedures for false alarm. Police in process of obtainina new software for operations Forfeited Funds -Federal 2006 L Forfeited Funds -State 2011 L Off Dutv Account (Police) 2009 M Official Authorized Funds -Criminal Investigation 2007 L Unit {CIUl Official Authorized Funds -Strategic Investigation 2007 L Unit {SIU) Operations -(Patrol, Criminal Investigation, Support mwrnm~rnrn L Services & Technical Servicesl Overtime (Police) 2009 H Prooertv Evidence Unit {Police) 2009 M To.,.,;ng Fees (Police) 2009 L Audit Areas 2013 2-12-14 5 896 2/4/2014 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Fiscal Year Ended 9/30/13 Areas highlighted are considered for audit based an projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Decartment -Audit Area Fire Fire Prevention/Annual Fire Inspection Fees Fire Prevention/Cade Violations Fire Prevention/Plan Review Fire Rescue Fees Ocean Rescue Ooerations Off Dutv Account (Fire) Operations (Suppression, Rescue, Support Services, ) Overtime -IFire includino Ocean Rescue) Non-Profit Organizations CDBG funding source: Last Audit 2013 2012 2013 2008 ~=~ =~: ~= ~; ~ ;j ;~: ~; l 2008 rnn~mrnmm 2010 Risk ~ L L L M l M L M Comments Building Development Process Fee Study completed in 2009. Procurement of new permitting system in 2009. In addtion, Crowe Horwath performed operational review of this area for 2013. Review Code and Fire violations by Internal Audit Building Development Process Fee Study completed in 2009. Procurement of new permitting system in 2009. Crowe Horwath performed operational review of this area for 2013. i.:.A..::.m.:.;.e""r""ic:..:a::.;nc..V;..;e:..:t;:.;er""a"'n"'N""'e""'ws-'-=-----------·'.,.::,.,:::..,:;"':;:.,.::,.,:::..,j:.,.: --=L'--ICDBG funding reviewed by City Econ Dev. f--A-'S'-P_l_RA'--o""f-'S""o"'u"'"th_F_lo_ri_d_a __________ !.,.!;,.,!::,.,:;"':::.,.~;,.,:::,.,:;"f: __ L--1 Periodically reviewed by Federal HUD. Areas f--F-'o"'o'-'d_f~or_L~i-'fe~N~e~two~_rk'---...,..-.,,..-....,--------t:<'.,.!',.,!'!,.,:!.,.:!:.,.;:,.,;;;,.,:;"f: _..,.L--1 reviewed by external auditors through the Single ""H""l..:.V....;E;:.;d:..:u:..:ca=tio""n.;...:.::la:..:.w;..;Pc..r;.;;o;i.;1·e:..:c:.:.t..i.; (IH..:.E::.L=Pc..'i'--------1'1::..,!;.,.::!.,:!..,:!:,..!;.,.;:;.,:;,...: --=L'--!Audit Report under OMB Circular A-133. HOPE, INC ::O::!:!:!:!:;:::;: L Little Havana Activities and Nutrition Center ~=~:i:i;;:i:i:;:;;; L Miami Beach Communitv Develooment Corn 2009 L G fl dfl d" eneral un un ma source: Douolas Garden Community Mental Health Center 2012 L General fund for 2013 is $21,660. Jewish Vocational Services -Hot Meals 2013 L General fund for 2013 is $46,930 Latin Chamber of Commerce 2006 L General fund for 2013 is $18,000. MDPL-10th St Auditorium 2012 L General fund for 2013 is $22,500. Miami Beach Botanical Gardens 2011 L General fund for 2013 is $137,228. Miami Beach Chamber of Commerce 2008 L General fund for 2013 is $36,000. Sanford L. Ziff Jewish Museum : :~: :: : : : :: : :;:; ::: L General fund for 2013 is $49.500 Sister Cities ~: l: i: ~: ~ !l ! 1 :~: ~: ~' L General fund for 2013 is $13,680. South Beach Greater Miami Hisoanic Chamber 2008 L General fund for 2013 is $18,000. Both eneral fund and CDBG fundin source: Bo sand Girls Club L General Fund for 2013 is $16,606. Miami Beach Communit Health Center L General Fund for 2013 is $21.660. North Beach Develo ment Cor L General Fund for 2013 is $18,000. Other fundin sources: Friends of the Bass Police Athletic Lea ue L Audit Areas 2013 2-12-14 6 2/412014 897 Exhibit 2 -Audit Plan for FY 2013/14 898 City of Miami Beach • Internal Audit Division Audit Plan FY 2013/14 (Audit Areas maybe subject to change) Audit Internal Audits 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Public Works lnventorv State Beachfront Mqmt Aoreement Cultural Arts Council (CAC) Deco Bikes (Carryover) Property Evidence Unit (Carryover) Utility Tax -Other Gas Companies (Carryover) Analysis of Public Work lnventorv Process AVL -Automatic Vehicle Locator System P-Cards Master Buildinq Permits Beverage Concession Sponsorship -Coca Cola GMVCB AQreement Fire Response Time Special Review -MBCDC Miami Beach Community Health Center Parking Audits 1 2 3 4 5 Court Fines Parking Art Basel -Valet Parking Meter Technician Operations Parking Garage Access Cards Towinq Aqreement -Compliance Parkin M 't g om ormg Meter Operation and Enforcement Review (Review Process) Attended Lots Coin Room I Risk I Low I Med I Hig~ M L L M M M M M M H M M L H L L M M M M H H H Sanitation ~lR-o-11-off~F-ra_n_c_h-is-e~~~~~~~~~~~~~~~~~~~~-H~ Internal Audits by Outside Firms 1 2 3 4 Capital Projects -CIP Office & Public Works, Parks, RDA Convention Center, etc. )(Carryover) CDBG, HOME, SHIP Grants (Carryover) H/R Compensation Tennis Centers H H M H 5 14 9 F:\OBPl\$AUD\INTERNAL AUDIT FILES\DOC13-14\AUD COM\Audits Plan FY14 899 2/4/2014 R9 -New Business and Commission Requests R9E2 The Committee Of The Whole Will Meet On February 12, 2014 In The City Manager's Office Large Conference Room To Discuss Legislative Priorities. (City Manager's Office) Agenda Item R 9 E 2.. 900 Date ;J-1~~1 y THIS PAGE INTENTIONALLY LEFT BLANK 901 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeachA.gov MISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: DISCUSSION REGARDING OCUS GROUPS -NAUTILUS MIDDLE SCHOOL BACKGROUND/ANALYSIS 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. At the January 15, 2014, Commission Meeting, staff was directed to investigate the option of conducting focus groups regarding Nautilus Middle School in lieu of adding additional questions to the 2014 Community Satisfaction Survey or hosting an online survey via our SNAP survey software. Kerr and Downs Research (KOR) provided the attached proposal for consideration regarding focus groups. The purpose of the focus groups would be to: 1. Investigate issues among parents who currently have children enrolled at Nautilus Middle School 2. Examine why parents decide not to enroll their children in Nautilus Middle School Since there are two (2) separate research targets {parents of children currently enrolled and parents who decided not to send their children to this school), it will be necessary to conduct at least two (2) focus groups, one with each research target. KOR recommends not combining these two research targets into one focus group. The anticipated timeframe is four weeks from development of focus group script to preparation of final report. Anticipated costs for focus groups using a City of Miami Beach meeting room facility are as follows: 1. Cost of two (2) groups -$11,000 2. Cost of four ( 4) groups -$21,000 902 Agenda Item 8 ctF Date :;l-j).~f'( Discussion Regarding Focus Groups -Nautilus Middle School February 12, 2014 Page 2 of 2 Additionally, the Committee for Quality Education made the following motion regarding Nautilus Middle School at their January 28, 2014 meeting: The Committee for Quality Education requests the Mayor and Commission support the request to add a series of questions regarding Nautilus Middle School to the City's 2014 Community Satisfaction Survey regardless of whether the Commission opts to employ focus groups to gather data. We recommend the survey and/or focus groups include, but are not limited to the following topics: academic standards, safety (inside, outside, and web), use of substitute teachers, public relations from the school, and student transfers. Based on the request of the Mayor and Commission, staff recommends the consideration of focus groups to better identify issues of concern surrounding Nautilus Middle School. Staff will work with KDR to ensure focus groups are accessible to all Miami Beach residents, and include a bilingual moderator if two (2) focus groups or more are preferred. JLM/KGB/LDR Attachment T:\AGENDA\2014\February 903 ~-KERR & DOWNS RESEARCH Market Research & Opinion Surveys Proposal for the City of Miami Beach -Focus Groups Study purpose 1. Investigate issues among parents who currently have children enrolled at Nautilus Middle School 2. Examine why parents decide not to enroll their children in Nautilus Middle School Research Design Research targets. Since there are two separate research targets (parents of children currently enrolled and parents who decided not to send their children to this school), it will be necessary to conduct at least two focus groups, one with each research target. It is strongly recommended to not combine these two research targets into one focus group. A critical success factor of a focus group is to have participants build on one another's ideas, thoughts, experiences, etc. It is rare that customers (e.g., parents whose children are enrolled) and non-customers (e.g., parents who did not enroll their children) are in the same focus group. Number of groups. Focus groups are idiosyncratic as well as qualitative research. One can never be certain if results from one group are typical. Most professional market researchers recommend conducting at least two groups per research target. We will present costs for conducted varying numbers of groups per research target. Facility. Option 1. There are professional focus group facilities in Miami. The advantage of using a professional facility is that officials from the City of Miami Beach can sit "behind the mirror" and observe the discussions without being in the room with participants. Option 2. A less expensive alternative to a professional facility is to use a City of Miami Beach meeting room. Group discussions will still be videotaped in this environment, but City officials who wish to be present during the discussion must sit at a separate table within the same room. This option has the advantage of not requiring parents to leave Miami Beach to participate. Kerr & Downs Research recommends this option. Moderator Phillip Downs, Ph.D. • Moderated over 1,000 focus groups • Moderated groups with parents of school-age children at all levels from preschool to college. 2992 Habersham Dr. • Tallahassee, Florida 32309 (850) 906-3111 •FAX (850) 906-3112 • http://www.kerr-downs.com 904 :t KERR & DOWNS RESEARCH Market Research & Opinion Surveys Time frame Develop focus group script Recruit participants1 Hold groups Analyze results Prepare report Costs Week 1 Weeks1&2 Weeks2&3 Week3 Week4 Using a City of Miami Beach meeting room as the facility Developing the focus group scripts $1,000 Recruiting participants $ 500/group Incentives for participants $1,000/group Moderating $1,000/group Analysis & report $1,000/group Facility cost & refreshments $ 100/group Videotaping $ NC • Cost for 2 groups = $ 8,200 • Cost for 4 groups= $15,400 Using a professional focus group facility Developing the focus group scripts Recruiting participants Incentives for participants Moderating Analysis & report Facility cost & refreshments Videotaping • Cost/or 2 groups= $11,000 • Cost for 4 groups= $21,000 References $1,000 $1,000/group $1,000/group $1,000/group $1,000/group $ 750/group $ 250/group • For projects with the Florida Prepaid College Plan -Curtis Zimmerman, President, the I zimmerman /agency, 850.264.8278, Curtis@zimmerman.com • For projects with young children -Douglas Behrman, Investor, Growing Room, 850.545.6272, doug@dougbehrman.com • National Association of Secondary School Principals, Jeanne Leonard, CAE, Senior Director of Marketing and Diversity, 703.860.7233, leonardj@nassp.org 1 Kerr & Downs Research has been successful in obtaining public school parents' names and telephone numbers from several county school systems in previous studies. 2992 Habersham Dr. • Tallahassee, Florida 32309 (850) 906-3111 •FAX (850) 906-3112 • http://www.kerr-downs.com 905 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: January 21st, 2014 SUBJECT: Agenda item for February 121h, 2014 City Commission Meeting Please place on the February 12th City Commission Meeting Discussion And Referral to Neighborhood/Community Affairs Committee -The Blocking Of The Entrance To The Street-End At 56 And North Bay And To Place A Pocket Park At That Location. If you have any questions please do not hesitate to call our office. Best Regards, Dessiree Kane on behalf of Commissioner Ed Tobin We ore cornmftted t1) providing f;;;;.XCeffeni pt1biic service ond S'.'Ji·-'~/ 1Ci oN 1rvf;,) ln1e, -v\t'Ol'k, Of)d pi0)-1 io our vibrant, troprcor t.-...... · .......... --- Agenda Item 906 Date THIS PAGE INTENTIONALLY LEFT BLANK 907 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: February 12, 2014 SUBJECT: THE MAYOR AND CITY COMM SION'S CONSIDERATION OF THE WRITTEN REPORT AND RECOMMENDATION OF THE DEBARMENT INVESTIGATOR BACKGROUND The City Attorney's Office notified the City Manager that Robert Meyers may be retained to investigate the allegations contained in Commissioner Wolfson's July 10, 2013, Request for Debarment concerning the activities of Robert Wennet, principle of UIA Management, LLC, who was alleged to have engaged in unregistered lobbying in the City of Miami Beach. The request for debarment further alleged that a fraudulent affidavit was submitted to the City of Miami Beach, regarding the convention center project. Pursuant to Section 2-405(b) of the City of Miami Beach Code upon completion of the investigation surrounding the request for debarment completed by Robert Meyers, the City Manager shall forward the report to the Mayor and City Commission at a regularly scheduled meeting. Accordingly, attached is the report and recommendations provided by Mr. Meyers. RECOMMENDATION The mayor and city commission shall consider the Investigator's written report and recommendation and determine whether: (1) A hearing for debarment or suspension should be conducted; or (2) No probable cause exists for the allegations in the written request for debarment or suspension and the matter should be dismissed; or (3) Further investigation should be made prior to considering whether a hearing should be conducted or the matter should be dismissed; or (4) Other action, as may be appropriate, should be taken. If the Mayor and City Commission determine that a hearing should be conducted, the Mayor and City Commission shall forward the report to the Debarment Committee or, at its option and by majority vote, the Mayor and City Commission may elect to hear the matter as the trier of fact instead of the Debarment Committee. JLM I KGB I AD T:IAGENDA\2014\February\ProcurementlConsideraton of Recommendation of Debarment Investigator.doc 908 Agenda Item R C,/t Date 1-""/2~/l( Memo Weiss Serota Heitman Pastoriza Cole & Boniske, P.L. To: Jimmy Morales, City Manager, City of Miami Beach From: Robert Meyers, Esq. Date: November 5, 2013 Re: Wolfson Request for Debarment of UIA Management, LLC and Affiliates Background: City Commissioner Jonah M. Wolfson provided you with correspondence dated July 10, 2013 wherein he requested debarment of UIA Management, LLC and its Affiliates, alleging that Robert Wennett as a principal of UIA Management engaged in unregistered lobbying on at least three separate occasions and further alleges that Mr. Wennett was untruthful in an affidavit that he submitted in his company's response to the redevelopment of the Convention Center RFQ. In consultation with the Office of the City Attorney, your office retained my services to investigate the allegations contained in Commissioner Wolfson's July 10, 2013 letter and to make a recommendation concerning the claim that Mr. Wennett's actions warrant debarment. Timeline: 1) On January 25, 2007, Robert Wennett, the President of UIA Management LLC, filed a lobbyist registration form with the City Clerk, paid a fee of $150 and listed 1111 Lincoln Road as the specific lobbying issue. 2) Robert Wennett, as President of UIA Management, and the City of Miami Beach entered into a Development Agreement with UIA on April 11, 2007 for the Pedestrian Mall on the 1100 Block of Lincoln Road. 3) On September 2, 2008, Robert Wen nett and Jeffrey Weinstein, also a principal of UIA, paid the City Clerk's Office $250. The receipt noted that such payment was for Lobbyist Registration Renewal 2008-09. 4) On December 29, 2009, City Manager Jorge Gonzalez informed the City Commission that he created the Convention Center Expansion and Enhancement Steering Committee to advise the City and Arquitectonica with recommendations for any enhancements and expansion of the 909 convention center and to assist in guiding the master planning process. Robert Wennett was identified as one of the appointees to this committee. 5} In accordance with the Development Agreement, the City and UIA entered into a Management Agreement of the 1100 Block of Lincoln Road on January 11, 2010, defined as the Lincoln Road Maintenance Agreement. 6) On January 5, 2011, Robert Wennett and Jeffrey Weinstein made a payment to the City Clerk's Office of $1000 covering lobbying activities from October 1, 2010 to September 30, 2011. The receipt was made out to Robert Wen nett and Jeffrey Weinstein, UIA Management. 7) On February 8, 2012 payment was made to the City Clerk's Office in the amount of $1,000 and represented the annual registration payment for both Wennett and Weinstein for the period from October 1, 2011 to September 30, 2012. The form did not list the issue or the name of the client. 8) The Convention Center RFQ was advertised in February 8, 2012 and the City Cone of Silence took effect on that date. 9) On October 22, 2012, a Lobbyist Registration Form was completed by Robert Wennett and filed with the City Clerk in the amount of $1,550. The receipt prepared by the Clerk's Office indicated that the payment represented annual renewal and also listed the following issues: RFP 14- 11/12 (The Lincoln Road RFP); RFQ 22-11/12 (Convention Center) and the Lincoln Road Maintenance RFP. 10} The City Commission selected the Tishman Group to serve as the Master Development Team on July 17, 2013 for the Miami Beach Convention Center Redevelopment Project. UIA Management was part of the submittal and is one of the team members. Relevant Laws/Opinions/Reports: 1} Sections 2-397 -2-406 of the City Code (Division 5 -Debarment of Contractors from City Work) 2) Sections 2-481-2-485.3 of the City Code (Division 3 -Lobbyists} 3) Section 2-11.l(s) of the Miami-Dade County Code --Lobbyist Registration and Reporting Ordinance 4) Section 2-486 of City Code (Cone of Silence) 5) Miami-Dade Commission on Ethics and Public Trust RQO 05-114 6) Miami-Dade Commission on Ethics and Public Trust Investigative Report K 12-093 Discussion: I will examine each allegation separately: 1} The February 24, 2011 meeting of the Finance and Citywide Projects Committee (hereinafter "FCWPC") included a discussion of the Lincoln Road Maintenance Agreement (Agenda Item 6). An individual identifying himself as Robert Wennett made a presentation to the Committee 910 concerning the Lincoln Road Maintenance Agreement. Since he was clearly encouraging the Committee to take action with respect to this item, his appearance would otherwise represent a lobbying activity. The City of Miami Beach defines a lobbyist in Section 2-481 of the City Code and includes within the definition of lobbyist all persons employed or retained by a principal who seek to encourage the passage, defeat or modification of any action, decision, recommendation of any city board or committee. Under the circumstances, Mr. Wennett meets the definition of a lobbyist. However, an opinion from the Miami-Dade Commission on Ethics and Public Trust reaches a different conclusion when the advocacy is tied to an existing agreement with the government In RQO 05-114, the Ethics Commission opined that a company or its representative may not be required to register as a lobbyist to negotiate extensions or amendments to an existing contract that are contemplated under the original agreement, but would be required to register to discuss issues that are deemed to be substantive in nature and not covered by the original agreement. In the Development Agreement entered into by Wennett on behalf of UIA and the City of Miami Beach, the parties agreed that the scope of the Lincoln Road Maintenance Agreement could be expanded to cover the management of the maintenance of other sections of Lincoln Road beyond the 1100 Block. Moreover, in memorandum from the City Manager to the members of the FCWPC prior to the February 24, 2011 meeting regarding the Lincoln Road Maintenance Agreement, the City Manager by way of background advised the Committee that the parties were permitted to expand the type of services provided on the 1100 Block of Lincoln Road and further advised the Committee that the City was in discussions with UIA to expand the services provided on the 1100 block to the remainder of Lincoln Road from Collins Avenue to the Bay. Thus, it is apparent from the actions of the parties, the language contained in the original development agreement and the scope of work being considered by FCWPC at its February 24, 2011 meeting, Mr. Wennett was not required to register as a lobbyist when speaking to the Committee on the issue of expansion of the Lincoln Road Maintenance agreement for the same type of services to other portions of Lincoln Road. Since it is my opinion that Mr. Wennett did not need to register when presenting on Agenda Item 6, I will not address the question of whether or not he was registered for this matter when he appeared before the Committee on February 24, 2011. 2) A second claim of unregistered lobbying allegedly occurred at the same meeting. The contention is that Mr. Wen nett was not properly registered with he lobbied the Committee with respect to Agenda Item 2 (redevelopment of Miami Beach Convention Center}. The threshold question is whether Mr. Wennett was required to register when he presented to the Committee on February 24, 2011 to address the Committee on the Convention Center item. According to City records, RFQ 22-11/12 (Redevelopment of the Miami Beach Convention Center District) was advertised on February 8, 2012 -at which time the City's Cone of Silence took effect. It is worth noting that Mr. Wen nett and UIA were part of a proposal team that was eventually selected by the City Commission on July 17, 2013 to serve as the master development team for this project. Although it is conceivable that lobbying could have occurred prior to the advertisement of the abovementioned RFQ, the sole claim of unauthorized lobbying allegedly took place at the February 24, 2011 meeting. The facts do not support a finding that Mr. Wennett was engaging in unregistered lobbying when he presented at the Committee meeting on this issue. 911 Miami Beach Code Section 2-483(a) states that a public officer, employee or appointee or any person in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist. The City Manager appointed Mr. Wennett to the Convention Center Expansion and Enhancement Steering Committee in 2009. The audio tape of the February 24, 2011 meeting confirms that when the Convention Center item was discussed, Mr. Wen nett identified himself as a member of the Convention Center Expansion and Enhancement Steering Committee before he presented to the FCWPC. As such, he falls within the exception to the lobbying registration requirement because he was appearing before the Committee as an appointee of another city committee. Moreover, the discussions at the meeting concerning the Convention Center were at a relatively preliminary stage at that time and there was no RPQ or other competitive solicitation in place in February 2011, so in effect, Mr. Wennett would not meet the definition of a lobbyist with respect to that matter even if the "public official/appointee" exception is disregarded. Consequently, I find that Mr. Wennett was not required by the City Code to register as a lobbyist when he appeared before the Committee concerning the Convention Center item. 3) The third instance of unauthorized lobbying alleged by Commissioner Wolfson was to have taken place at the February 8, 2012 City Commission meeting during a discussion of the Lincoln Road Maintencmce Agreement (Agenda Item R7F). Based on the City's actions leading up to this date -the Manager's recommendation and the recommendation of the FCWPC -the matter before the City Commission was virtually identical to the item considered by other City decision- makers and entities, that is, to expand the scope of services contemplated by the Development Agreement. As stated above, a person is not required to register as a lobbyist when presenting on a matter covered under the original agreement. Therefore, Mr. Wen nett was not improperly lobbying when he appeared at the City Commission meeting on February 8, 2012 to address the Lincoln Road Maintenance Agreement item. 4} The final allegation against Mr. Wennett as a representative of UIA is that he was untruthful in an affidavit that he supplied the City in connection with the Convention Center Redevelopment RFQ when he asserted that he has not engaged in any lobbying activities regarding the RQO in violation of the City's Lobbyists Laws. The evidence presented by Commissioner Wolfson is the audio of the February 24, 2011 FCWPC meeting at which Mr. Wennett purportedly lobbied regarding the development of the Miami Beach Convention Center. My report considered the allegations of improper lobbying as to the Miami Beach Convention Center in a previous section and reached the conclusion that Mr. Wennett complied with the City's Lobbying Laws. Consequently, I find that Mr. Wennett's ilssertions contained in the affidavit concerning adherence to the City's Lobbying Laws are in fact truthful. Lastly, I find it is within the scope of this report to comment on whether the allegations if proven to be true would be grounds for the City to move forward with a debarment action against UIA. The allegations contained in Commissioner Wolfson's letter of July 10, 2013 are within the scope of the debarment ordinance because unregistered lobbying is a violation of a city ordinance and such ordinance contains a penalty section that permits a debarment action against the violator (see City Code Section 2-485.1} However, separate and apart from my conclusions that no city ordinance was violilted by Mr. Wennett or UIA, Section 2-404 of the City Code (Causes for Debarment} states a debarment action against a city contractor can only proceed if a violation of a city ordinance is found. Based upon 912 my review, the City of Miami Beach lacks the authority to find a party has violated its own lobbying ordinance. Rather, such authority resides with the Miami-Dade Commission on Ethics and Public Trust. Absent an order from the Miami-Dade Commission on Ethics finding such a violation or an admission by the party that he violated the City's lobbying rules, I find that the causes for debarment under the city ordinance do not exist and a debarment action against UIA Management should not proceed. 913 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Micky Steinberg, Commissioner DA TE: January 23rd, 2014 SUBJECT: Agenda item for February 121h, 2014 City Commission Meeting Please place on the February 1ih City Commission Meeting a discussion item regarding the no U turn sign and enforcement thereof at 42nd Street and Pine Tree Drive. Residents have been complaining regarding this restriction for some time as it has an adverse effect on the flow of traffic into the Miami Beach JCC and the surrounding areas -especially at peak times. Thank you! If you have any questions please do not hesitate to call our office. 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 I 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. \/Ve ure committed tc.i pruviding exceUeril pubh1:-sef\'ice arid -:i• • .J.' :~: f,,) of/ ·,vf 1\) live, wo1k 1 and play in our vlV.1ont, ttopicol, h· Agenda Item R9I 914 Date ;l ·42 -fl/ ; THIS PAGE INTENTIONALLY LEFT BLANK 915 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Jonah Wolfson, Commissioner Date: February 4, 2014 Re: Commission Agenda Discussion Item Please place on the February 12, 2014, Commission Agenda a Discussion Item for the following issue: Pet waste: Many efforts have been made by the city to educate and assist the pet owners in Miami Beach with the proper disposal of pet waste. Based on my observations and complaints of residents throughout Miami Beach, the educational efforts and assistance has not had the level of impact needed to correct the pet waste problem. Rather than continuing to put funding towards pet owner based solutions, I would like to discuss the hiring of a company to handle the removal of pet waste from public ways. Please feel free to contact my Aide, Brett Cummins at x6437, if you have any questions. JW V\le Orr3 ccrnmir!~(.~' ro pro·:id1r;g Axcelter1 1 put 1 ~...; .SB''.'J(& orid :,-:;·: ; Jc· ,J(,1 .:v!\ !h1E?, vv:)ik, end ploy i'r; OU/ 1.rib10~1:, ~r~:ip:co 1 , l;id!lf/f' rr.mm',"1'/-, Agenda Item R 9J 916 Date ~ ~/2.-llf THIS PAGE INTENTIONALLY LEFT BLANK 917 R9 • New Business and Commission Requests R9K Discussion Regarding Providing Trolley Service On The Portion Of Collins That Is Being Impacted By That FOOT Project. (City Manager's Office) 918 Agenda Item 8 q k Date 2.~f 2-J f.f THIS PAGE INTENTIONALLY LEFT BLANK 919 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Jonah Wolfson, Commissioner Date: February 4, 2014 Re: Commission Agenda Discussion Item Please place on the February 12, 2014, Commission Agenda a Discussion Item For the following issues: RESTAURANT GREETER BEHAVIOR There are certain restaurants on Ocean Drive that are abusing their use of the sidewalk to draw in customers. Greeters for the establishments approach all pedestrians walking on the sidewalk in front of their restaurant. These greeters shove menus and other items in front of as many people as possible in attempt to get that pedestrian to dine with them. The entire experience is awful and simply revolting. BUS TOURS A few years ago it was thought a good idea to let the big bus tours the space to pick- up customers on Ocean drive just north of the Art Deco Museum. I believe it's time to put an end to pick-ups on Ocean Drive. The sales representatives basically loiter in the park and pitch their bus tours to pedestrians walking on the sidewalk. The area in which the buses are allowed to stop and pick-up is all run down and all the grass is dead in that area. I do not want the buses to be prevented from attracting customers, but clearly the impact that these buses have caused on Ocean Drive is more negative and effects both resident and visitor experiences. Please feel free to contact my Aide, Brett Cummins at x6437, if you have any questions. JW 920 li'lC, wc.vk, orid r)a~j in OIJf vjbiont. ,'rt·)p,ic(Jl. i·· •--:" .. ,.,.,..,,.,,.,'lu,. Agenda Item Date R~ l- 1--12-tct THIS PAGE INTENTIONALLY LEFT BLANK 921 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Jonah Wolfson, Commissioner Date: February 4, 2014 Re: Commission Agenda Discussion Item Please place on the February 12, 2014, Commission Agenda a Discussion Item for the following issue: BIKES, TRIKES, SEGWAYS, and OTHER MOTORIZED SINGLE PERSON TRANSPORT UNITS Please feel free to contact my Aide, Brett Cummins at x6437, if you have any questions. JW 922 Agenda Item Date R9H z ·J'l-/C{ THIS PAGE INTENTIONALLY LEFT BLANK 923 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Jonah Wolfson, Commissioner Date: February 4, 2014 Re: Commission Agenda Discussion Item Please place on the February 12, 2014, Commission Agenda a Discussion Item for the following issue: scon RAKOW -ICE RINK REHAB: Currently, the Scott Rakow ice rink is scheduled to undergo a major rehab to correct issues that have been present for years. The rehab will address humidity, temperature, mold issues and structural rusting of the ceiling rafters. I believe now is the best time to discuss further renovation and or expansion of the current rink. Please feel free to contact my Aide, Brett Cummins at x6437, if you have any questions. JW 924 Agenda Item Date THIS PAGE INTENTIONALLY LEFT BLANK 925 (9 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: February 5th, 2014 SUBJECT: Agenda item for February 1ih, 2014 City Commission Meeting Please place on the February 1ih City Commission Meeting a discussion regarding impact fees for sidewalk cafe establishments in North Beach. If you have any questions please do not hesitate to call our office. Best Regards, Dessiree Kane on behalf of Commissioner Ed Tobin 926 Agenda Item R ~ 0 Date i..-12-IV THIS PAGE INTENTIONALLY LEFT BLANK 927 G MIAMI BEACH OFFICE OF THE W.YOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: February 5th, 2014 SUBJECT: Agenda item for February 121h, 2014 City Commission Meeting Please place on the February 12th City Commission Meeting a discussion regarding progress and implementation of the Recycling Ordinance 2012-3768 in effect July 2014 at the request of the Sustainability Committee. If you have any questions please do not hesitate to call our office. Best Regards, Dessiree Kane on behalf of Commissioner Ed Tobin 928 Agenda Item R q P Date "J -{ l_ ... Jy THIS PAGE INTENTIONALLY LEFT BLANK 929 (9 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: February 5th, 2014 SUBJECT: Agenda item for February 1zth. 2014 City Commission Meeting Please place on the February 121h City Commission Meeting a discussion regarding the Committee for Quality Education motion made January 28th, 2014 to engage an Educational Expert to consult regarding how best to provide the students in the City of Miami Beach feeder pattern with the best public middle school options in the country. Attached please find the motion made by the Committee for Quality Education. If you have any questions please do not hesitate to call our office. Best Regards, Dessiree Kane on behalf of Commissioner Ed Tobin 930 Agenda Item R q 6( Date ?-.... Jz../l{_ Meetlng of January 28, 2014 City of Miami Beach Committee •or Quality Education Members Present:, Karen Rivo, Beverly Heller, Keren Bajaroff, Elisa Leone, Becky Cohen, Ivette Birba, Jill Swartz, John Aleman, Tamar Oppenhiemer, Rosa Neely, Tiffany Heckler, Judi Berson-Levinson, and Betsy Mateu. Members Absent: Christy Farhat Motion made by Tiffany Heckler Motion seconded by Karen Riva Motion Text: The Commiffee for Quality EducaHon requests the Mayor and Commission support the request to add a series oF questions regarding Nautilus Middle School to the City's 2014 Community Satisfaction Survey regardless of whether the Commission opts to employ focus groups to gather data. We recommend the survey and/or focus groups include, but are not limited to the following topics: academic standards, safety (inside, outside, and web), use of substitute teachers, public relations from the school, and student transfers. The Committee for Quality Education urges the Mayor and Commission to support the above request. Motion Passage: Votes 13-0 Motion made by John Aleman Motion .seconded by Beverly Heller Motion Text: The Committee for Quality Education requests the Mayor and Commission engage an Educational Expert to consult regarding how bast to provide the students in the City of Miami Beach feeder pattern with the best public middle school options in the country. The Committee for Quality Education urges the Mayor and Commission to support the above request. Motion Passage: Votes 13-0 931 R9 -New Business and Commission Requests R9R Discussion Regarding The London House And Deadline For Expenditure Of Federal Funds. (City Manager's Office) Agenda Item 89 B. 932 Date ,P-IJ-/l/ THIS PAGE INTENTIONALLY LEFT BLANK 933 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www_miamibeachfl_gov TO: COMMISSION MEMORANDUM e )ty Commission . I FROM: DATE: February 12, 2014 '--. SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Club Madonna Inc .. d/b/a Club Madonna v. City of Miami Beach, Civil Action No. 14- CV-20164-Cooke/Turnoff -United States District Court for the Southern District of Florida Club Madonna, Inc. ("Plaintiff') filed a Verified Complaint for Declaratory Judgment, Injunctive Relief and Damages and an Emergency Motion for Temporary Restraining Order and Preliminary Injunction against the City of Miami Beach. Club Madonna alleged that the City Manager, unlawfully issued an Order Revoking its Occupational License, Business Tax Receipt and Certificate of Use on January 10, 2014 (the "Order"}. The Order was issued to protect the health, safety and welfare of the Citizens of Miami Beach, and served to prevent the potential reoccurrence of human trafficking at Club Madonna's business premises that stemmed directly from the discovery of a child performing nude in violation of Florida law. The Plaintiff asserted that the Order was issued without due process of law and violated established constitutional rights and protections set forth under the First, Eight and Fourteenth Amendments to the Constitution. The City of Miami Beach is preparing to respond to the allegations, and intends to vigorously defend this matter. 2. As Odysseus LLC vs. George Hoover. et al.. Case No. 10-12409 CA 27 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 345 Ocean Drive, Unit 610, Miami Beach, Florida. The Summons and Complaint were served on the City on January 15, 2014. 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 January 16, 2014. 935 Agenda Item Rto4 Date 2-12-ll/ City Attorney's Status Report February 12, 2014 Page2 3. JPMorgan Chase Bank, N.A. vs. Le 1035. LLC et al.. Case No. 13-39845 CA 31 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1035 West Avenue, Unit 704, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on January 17, 2014. 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 January 23, 2014. 4. Nationstar Mortga~e LLC vs. Juan Carlos Garcia. et al.. Case No. 13-36400 CA 59 (Circuit Court-11 h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 5580 W 21 Court, Unit 104, Hialeah, Florida. The Summons and Verified Complaint were served on the City on January 17, 2014. 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 January 23, 2014. 5. Regions Bank vs. Barbara Rodriguez. et al., Case No. 14-465 CA 11 (Circuit Court- 11 th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 12556 SW 144 Terrace, Miami, Florida. The Summons and Verified Complaint were served on the City on January 17, 2014. The City's Motion for More Definite Statement or in the alternative, Motion to Dismiss was filed on January 23, 2014. 6. FirstBank Puerto Rico vs. lnmoinvest Coro .. et al., Case No. 14-1262 CA 25 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida This is an action to foreclose a mortgage on real property located 526 15th Street, Unit 12, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on January 21, 2014. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utllity water and sewer services, demolition or board-up liens, and resort taxes was filed on January 23, 2014. JS/AB/SR/lr/mmd F:\ATTO\AAOFF\AAOFF\FILE.#S\2014\Status report CAO 021214.docx.doc 936 R10 -City Attorney Reports R1 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, February 12, 2014, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. 937 Agenda Item R lO J, Date 2-/Z.-/~ THIS PAGE INTENTIONALLY LEFT BLANK 938 z "T1 0 -I m s "' 1. Reports and Informational Items (see L TC 044-2014) 940 Agenda Item~/ Date o7-J.)-/ ¥ THIS PAGE INTENTIONALLY LEFT BLANK 941 MIAMI BEACH LETIER TO COMMISSION #P37-~0/I/ To: Mayor Philip Levine and Members From: Jimmy L. Morales, City Manager ~-~-==t.~:::::::s-- Date: January 31, 2014 Subject: List of Projects Covered by the C ne of Silence Ordinance In an effort to disseminate information to elected officials and City staff relative to projects that are covered by the requirements of the City's Cone of Silence Ordinance, following please find a list of all current solicitations (i.e., Invitation for Bids {"Bids"), Request for Proposals (RFPs), and Request for Qualifications {RFQs), that to date are covered by said ordinance. Please note that the Cone of Silence is in effect from the date the solicitation is advertised as indicated below, through date of award by City Commission. Date Advertised Document Number and Issued Document Title Department A Public-Private Development In Miami Beach On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 171h 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 City Manager's 2012-014-RFP-ME 1/17/2012 Avenue And Meridian Avenue Office PW-Property 2013-069-ITB-MF 8/27/2013 Elevator Maintenance Management Parks and 2013-171-ITB-TC 5/23/2013 Playground Fence at South Pointe Park Recreation Solid Waste Franchise Contractors to Provide Commercial Waste Collections and Public Works- 2013-178-RFQ-SR 11 /22/2013 Disposal Services Sanitation Emergency Shelter Bed to Serve Homeless Office of Community 2013-228-RFP-ME 10/18/2013 Population Services PW-Property 2013-269-ITB-ME 6/7/2013 Janitorial Services Management Management and Operations of the Street Tourism Culture 2013-317-RFP-ME 8/19/2013 Markets Development 2013-390-ITB-LR 11/1/2013 Pharmaceuticals and Medical Supplies Fire Department Construction Manager At Risk Services For 2013-454-RFQ-SR 12/13/2013 The Construction of Collins Park Place GIP/Public Works Agenda Item _01-__ _ 942 Date :Z-1)~/l( 2014-001-RFP-MF 2014-029-ITB-LR 2014-051-RFQ-SR 2014-056-RFP-M F 2014-057-ITB-MF 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-RFQ-SR 2014-091-RFQ-MF 2014-093-ITB-SR 2014-094-ITB-SR 2014-095-ITB-SR 2014-116-RFQ-SR 2014-128-RFQ-MF 2014-130-ITN-MF Pagel2 10/31/2013 Electronic A enda S stem Cit Clerk 12/13/2013 Automatic Transmission Rebuild Services Fleet Division Estimated Issuance Sunset Island 3 and 4 Right -of-Way TBD Infrastructure Im rovements Insurance Broker of Record for Property 12/12/2013 and Liabilit Insurance 12/16/2013 Purchase of Bulk Concrete Mix HVAC Equipment, Installation, Parts and 12/6/2013 Services 1/15/2014 Li ht Poles, Fixtures and Bases 12/20/2013 Plumbin Services 2/3/2014 Electrical Services Estimated Issuance Lease/Rental of Vehicles for the Police 2/3/2014 De artment 12/18/2013 Estimated Issuance 1/17/2014 Cit wide Demolition Services Estimated Issuance 1/17/2014 1/9/2014 1/22/2014 1/21/2014 Estimated Issuance 2/14/2014 Estimated Investment Advise Services South Pointe Park Landscape Remediation Pro·ect Miami Beach Golf Course Drainage Remediation Alexander Muss Park Pavilion Issuance Provision of Governmental Consulting 2/14/2014 Services Estimated Issuance 2/14/2014 Online Cit Merchandise Store 943 CIP Human Resource- Risk Public Works PW-Property Mana ement Public Works PW-Property Mana ement PW-Property Mana ement Police Public Works Buildin Finance CIP CIP CIP Tourism Pagel3 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: ~utive Staff and Management Team JLM:K~D F\PURC\$ALL\MONTHLY REPORTS\CONE LTC\13-14\February 2014 Cone LTC.docx 944 THIS PAGE INTENTIONALLY LEFT BLANK 945 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member DATE: February 12, 2014 SUBJECT: REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT HEARD WITHIN (6) SIX MONTHS FROM REFERRAL DATE. At the February 6, 2013 City Commission Meeting, Commissioner Jerry Libbin placed a referral to the Neighborhood/Community Affairs Committee (Item R9D) to discuss items that are referred to Commission Committees to be reviewed if not heard by that Committee within (6) six months of its referral dates. On February 19, 2013, the Neighborhood/Community Affairs Committee unanimously moved that pending referred items be removed if not heard after six months, with a report of withdrawn items on the monthly City Commission agenda. On the March 13, 2013 Commission Meeting, the Commission passed Resolution No. 2013- 2814 7, 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 1. Discussion Regarding: Business Tax Receipt Renewal Notices; How We Handle Over Charges; Reasons For Miscalculations; And Corrective Action Plan. (Requested By Former Commissioner Jorge Exposito/October 24, 2012 Commission Item C4B) 2. Discussion Regarding Small Cells On Existing Poles. (Requested By Former Commissioner Michael Gongora/April 17, 2013 Commission Item C41) 3. Discussion Regarding Red Light Cameras In Miami Beach In Light Of A New State Law That Goes Into Effect On July 1, 2013. (Requested By Former Commissioner Michael Gongora/July 19, 2013 Commission Item R9M) 4. Discussion Regarding Enhancements To Our Parking System To Offer Resident's Better Rate As It Pertains To Scooters And Motorcycles, And Set Up Special Spaces To Encourage The Use Of Scooters And Motorcycles To Further Reduce Traffic. (Requested By Former Commissioner Jorge Exposito/September 11, 2013 Commission Item C4A) 5. Discussion Regarding The Liability Of Police Officers As It Pertains To Off Duty Work. (Requested By Former Commissioner Jorge Exposito/October 16, 2013 Commission Item R9F) Agenda Item __ _g __ _ 946 Date 2-/2.; /'f Finance & Citywide Projects Committee (Continued) 6. Discussion To Enhance Police Patrol In Miami Beach Schools, Which In Turn Secures The Safety Of All Students, Parents And Staff. (Requested By Former Commissioner Jorge Exposito/October 16, 2013 Commission Item R9N) 7. Discussion Regarding Exploring The Impacts From The Reduction Of On-Street Parking Spaces On Alton Road Between 6th Street And Michigan Avenue Caused By The FOOT Project. (Requested By Commissioner Deede Weithorn/June 5, 2013 Commission Item C4K) 8. Discussion Regarding Proposed Comprehensive Records Management Plan. (Requested By City Manager Jimmy Morales/July 19, 2013 Commission Item C4C) 9. Discussion Regarding Walker Parking To Conduct A Parking Supply And Demand Analysis. (Requested By City Manager Jimmy Morales/July 19, 2013 Commission Item C4D) 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\February\Committee Items Removed after 6 months docx 947