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20140212 SM1MIAMI BEACH City Commission Meeting SUPPLEMENTAL MATERIAL 1 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. SUPPLEMENTAL AGENDA C2 -Competitive Bid Reports 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) (Attachment A: RFQ 2014-142ME) C7 -Resolutions C7P A Resolution Waiving Space Rental Charges In The Amount Of $9,700 At The Colony Theatre For The Miami Gay And Lesbian Film Festival, A Non-Profit 501 (C)3 Organization, Taking Place April 27 -May 3, 2014. (Requested by Commissioner Micky Steinberg) (Resolution) 1 Supplemental Agenda, February 12_, 2014 C7 -Resolutions {Continued) C7Q A Resolution Authorizing The City Manager To Implement Any And All Options Including, Without Limitation, Extending The Hours Of Construction Activities Pursuant To The City's Noise Ordinance To Expedite Construction On Florida Department Of Transit {FDOT) 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. (Requested by Mayor Philip Levine) (Legislative Tracking: City Attorney's Office) {Resolution) 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 & Resolution) C?S A Resolution Cancelling And Rejecting All Proposals Received Pursuant To Request For Proposals No. 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 Llncoln Lane Between Jefferson Avenue And Meridian Avenue. RSM Resort Tax Ordinance (City Manager's Office/Procurement) (Memorandum & Resolution) R5 -Ordinances An Ordinance 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 (And Including The Corresponding Amendment To Appendix "A" Thereto), 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) (Ordinance) R7 ~ Resolutions R7 A A Resolution Consenting To The Appointment Of Virgilio Fernandez As The Fire Chief And Fire Marshal For The City Of Miami Beach, Florida. {Human Resources) (Revised Memorandum & Resolution) 2 REQUEST FOR QUALIFICATIONS FOR DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION RFQ 2014-142ME BID ISSUANCE DATE: FRIDAY, FEBRUARY 14, 2014 PRE-BID MEETING DATE: THURSDAY MARCH 6, 2014 RFQ DUE DATE AND TIME: TUESDAY, APRIL 1, 2014 BY 3:00 PM ISSUED BY: Maria Estevez, Assistant Director DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x 7 490 I MariaEstevez@miamibeachfl.gov 3 Agenda Item Ca~ Date )-~f2-f'f i'"· ··1 I .i' ••. q ~~. 1 : l • I -~ _. " I ~ •• I ~ ' . 'BE.AC H :1 "\:/ 1. ! / \. / \'!'./ \ ! . ' RFQ 2014-142ME FOR DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION Section I Section II Section Ill Section IV Section V Section VI Section VII TABLE OF CONTENTS Overview & Response Procedures ........................ . Minimum Qualifications Requirements .................... . Scope of Services .................................................. . 5 9 9 Response Format . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. l l Evaluation Process.................................................. 12 Special Terms & Conditions: Insurance ........ ....... .......... 12 Appendices............................................................ 14 Appendix A -Response Certification, Questionnaire & Requirements Affidavit Appendix B -Existing MBCC Floor Plan and Program Information Appendix C -Preliminary MBCC Improvements Appendix D -Preliminary Schedule 4 CITY OF MIAMI BEACH DEPARTMENT OF PROCUREMENT MANAGEMENT l 700 Convention Center Drive~ Third Floor Miami Beach, Florida 33139 Tel: 305-673-7490 I Fax: 786-394-4404 I www.miomibeachfLgov PUBLIC NOTICE ~ ........ 1BEACt-~ Sealed responses, as detailed herein, will be received until 3:00 PM on, APRIL 1, 2014, at the above listed address. ANY RESPONSE RECEIVED AFTER 3:00 PM ON THE RESPONSE DUE DATE WILL BE RETURNED TO THE RESPONDER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING RESPONSES BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE RESPONDER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE. The City utilizes PublicPurchase for automatic notification of bid opportunities and document fulfillment, including the issuance of any addendum to this RFQ. This system allows vendors to register online and receive notification of new bids, addendums and awards. Registration is available through www.publicpurchase.com. Any prospective responder who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure receipt of any addendum issued to this RFQ. Prospective responders are solely responsible for assuring they have received any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of response submitted. Responders are hereby advised that this RFQ is subject to the following ordinances/resolutions, which may be found on the City of Miami Beach website: www.miamibeachfl.gov/procurement. • CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486 • PROTEST PROCEDURES............................................................ CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS....................................................... CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481THROUGH2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS................................... CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES...................................................................................... CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT...................................................... CITY CODE SECTIONS 2-407 THROUGH 2-410 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE SECTION 2-372 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES............................. CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE......................................................... CITY CODE SECTION 70-300 All questions or requests for clarifications must be received by the procurement contact named above no later than ten (10) calendar days prior to the scheduled RFQ due date. The City Clerk, rafaelgranado@miamlbeachfl.gov, must be copied on any question or comment submitted in response to this RFQ. All responses to questions/clarifications will be sent to Respondents in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY RESPONSES DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY RESPONSE, OR REJECT ANY AND/OR ALL RESPONSES. Sincerely, Maria Estevez Assistant Director Department of Procurement Management 3 [ RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES ~ MIAMIBEACH 5 SECTION I ·OVERVIEW AND RESPONSE PROCEDURES A. INTRODUCTION I BACKGROUND Owned by the City of Miami Beach, the Miami Beach Convention Center (MBCC or Convention Center) is a significant economic generator for the City and the region. Originally built in 1957, the MBCC encompassed 108,000 square feet. In 1968, an additional 130,500 square feet of exhibit space was added, with additional support facilities subsequently constructed in 1974. In 1986, as the demand for exhibition space increased, the facility underwent a $92 million renovation and doubled in size to its current footprint of approximately 1.2 million square feet, including approximately 502,000 square feet of exhibition space and 126,000 square feet of meeting space. The expanded MBCC opened in 1989. Since that time, the facility has received over $50 million in continuing upgrades, including complete renovations of all restrooms, full carpet replacement, and installation of a state-of -the-art telecommunications and networking infrastructure. In Miami Beach, the 790-room Loews Hotel and the 425-room Royal Palm Hotel, both of which received public financing, opened in 1998 and 2003, respectively, to improve the MBCC's ability to accommodate events with significant out-of- town attendance. Since the 1989 MBCC renovation, significant changes have taken place in the convention and tradeshow industry. The number of events, attendance, and space needs have generally increased on an annual basis, industry-wide, with periods of stagnation during recessionary times. The economic impact of the convention and tradeshow has also increased over time. Many cities have responded to this industry growth by increasing the size of their convention centers, and by adding amenities such as increased meeting space, general session space, various technological amenities, and related features, in an effort to address industry trends. The MBCC currently hosts approximately 145 events annually, including internationally recognized events such as Art Basel Miami Beach and the Miami International Boat Show. It also hosts rotating conventions, meetings, and a number of annual trade shows. The City of Miami Beach plans to renovate and expand the MBCC under a design-build structure. The City is seeking a design criteria professional to prepare the design criteria package to facilitate a design-build competitive process. In broad terms, the design criteria professional will be responsible for designing and documenting the renovation and expansion program through the design development stage (30% drawings), commonly referred to as "bridging documents". The design criteria professional will also assist with the evaluation of the design-build team responses and monitoring compliance to designs and specifications throughout the construction drawing and construction process. This RFQ is issued pursuant to Florida Statutes, Chapter 287.055, the Consultants Competitive Negotiations Act (CCNA). 51RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES C9 MIAMIBEACH 6 B. SOLICITATION TIMETABLE The tentative schedule for this Solicrtation is as follows: Solicitation Issued February 14, 2014 Pre-Submittal Meeting March 6, 2014@ 10:00 AM Deadline for Receipt of Questions March 21, 2014 Responses Due April 1, 2014 C. RESPONSE SUBMITTAL DUE DATE An original and twenty (20) copies of complete Responses, and one electronic copy (CD or flash drive), must be received no later than 3:00 p.m. on the dated stated in Section 1(B), at the following address: City of Miami Beach City Hall Procurement Division • Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Respondent's name, address, and RFQ number and title. No facsimile, electronic, or e-mail Responses will be considered. The City reserves the right to request additional copies which shall be provided at no cost to the City. THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFQ, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE RESPONDER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY RESPONSES RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE RESPONDENT UNOPENED. RESPONSES RECEIVED AFTER THE RFQ DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE-SUBMITTAL MEETING A Pre-Submittal Meeting will be held on the date and time noted in Section 1 (8) at the following address: Miami Beach Convention Center 1901 Convention Center Drive, Hall C, 2nd Level Miami Beach, Florida 33139 Room C223 / 224 Attendance (in person or via telephone) is mandatory as a source of information.. Respondents interested in participating in the Pre-Submittal Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 1142644 E. CONTACT INFORMATION Contact: Telephone: Email: Maria Estevez 305-673-7000 ext. 7 490 MariaEstevez miamibeachfl. ov Requests for additlonal information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov, no later than the date specified in the RFQ timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFQ The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he/she deems necessary, in written addenda issued prior to the deadline for responding to the RFQ. Respondents should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFQ or in any written addendum to this RFQ. Respondents should verify with the Procurement Division prior to submitting that all addenda have been received. 61 RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES <e MIA/V\1 BEACH 7 G. METHOD OF AWARD Pursuant to FS 287.055, the City shall first consider the qualifications of firms through the process outlined in Section V, Evaluation of Process. The ranking results of Step 1 & 2 outlined in Section V, Evaluation of Process, will be considered by the City Manager who may recommend to the City Commission the respondent(s) he deems to be in the best interest of the City, or may recommend rejection of all responses. 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 respondent to perform the contract. (2) Whether the respondent can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the respondent. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the respondent 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 Respondent or Respondents which it deems to be in the best interest of the City, or it may also reject all Responses. Following the final approval of ranking of qualified firms by the City Commission, the City shall attempt to negotiate mutually an agreement with the top-ranked firm; and, if unsuccessful, will attempt to negotiate a mutual agreement with the second-ranked and third-ranked firms (as available). in order of rank. H. CONE OF SILENCE Pursuant to the City's Cone Of Silence Ordinance, as codified in Section 2-486 of the City Code, respondents are advised that oral communications between the respondent, or their representatives and 1) the Mayor and City Commissioners and their respective staff; or 2} members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3} Evaluation Committee members, is prohibited. I. MODIFICATION/WITHDRAWALS OF RESPONSES A Respondent may submit a modified Response to replace all or any portion of a previously submitted Response up until the due date and time. Modifications received after the Response due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the due date, or after expiration of 120 calendar days from the opening of Responses without a contract award. Letters of withdrawal received after the Response due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. J. RFQ POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any Responses received as a result of this RFQ. K. COSTS INCURRED BY RESPONDENTS All expenses involved with the preparation and Submittal of Responses, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense} of the Respondent, and shall not be reimbursed by the City. L. EXCEPTIONS TO RFQ Respondents must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outiine what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Response. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Respondent to comply with the particular term and/or condition of the RFQ to which Respondent took exception to (as said term and/or condition was originally set forth on the RFQ}. M. FLORIDA PUBLIC RECORDS LAW Respondent s are hereby notified that all Responses 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 responses, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but 71RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES <e MIAMI BEACH 8 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 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. N. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Respondent. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Respondent in the event the parties are unable to negotiate a contract It is also understood and acknowledged by Respondents that by submitting a Response, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. 0. PROTEST PROCEDURE Respondents that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. P. OBSERVANCE OF LAWS Respondents are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Respondent will in no way relieve it from responsibility for compliance. Q. DEFAULT Failure or refusal of the successful Respondent to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Respondent from the City's vendor list. R. CONFLICT OF INTEREST All Respondents must disclose, in their Response, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Respondents must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Respondent entity or any of its affiliates. S. RESPONDENT'S RESPONSIBILITY Before submitting a Response, each Respondent 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 Respondent 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 Respondent. T. RELATIONSHIP TO THE CITY 11 is the intent of the City, and Respondents hereby acknowledge and agree, that the successful Respondent is considered to be an independent contractor, and that neither the Respondent, nor the Respondent's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. U. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not 8 I RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES f;9 MIA!v~il BEACH 9 transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. V. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFQ is subject to, and all Respondents are expected to be or become familiar with, all City lobbyist laws. Respondents shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Responses, in the event of such non-compliance. W. CONE OF SILENCE This RFQ is subject to, and all Respondents are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Respondents shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Response voidable, in the event of such non-compliance. X. DEBARMENT ORDINANCE This RFQ is subject to, and all Respondents are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). Y. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFQ is subject to, and all Respondents 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. Respondents 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 Responses, in the event of such non-compliance. Z. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within flve (5) days upon receipt of request. The Code shall, at a minimum, require the Respondent, to comply with all applicable governmental rules and regulations including, among others, the conHict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. AA. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. BB. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Respondents shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Response. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. SECTION II -MINIMUM QUALIFICATIONS & REQUIREMENTS The City intends to contract with a design criteria professional (Prime Respondent). All other firms involved shall be subcontracts to the prime design criteria professional. Each proposal must identify a Prime Respondent. The Prime Respondent must have successfully completed similar services to those requested herein for public convention centers with at least 250,000 square feet of exhibition space and ballrooms of at least 40,000 square feel. The Prime Respondent must submit evidence of all certifications and licenses requested with its submittal, or within three (3) days of written request by the City. SECTION Ill -SCOPE OF SERVICES !SERVICES\ The City of Miami Beach plans to renovate and expand the MBCC under a design-build structure. The City is seeking a design criteria professional to prepare the design criteria package to facilitate a design-build competitive process. In broad terms, the design criteria professional will be responsible for designing and documenting the renovation and expansion program through the design development stage (30% drawings), commonly referred to as "bridging documents". The design criteria professional will also assist with the evaluation of the design-build team responses and monitoring compliance to designs and specifications throughout the construction drawing and construction process. 91RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES (;e Ml.AMi BEACH 10 The MBCC is to be renovated and upgraded to "Class A" standards in a manner that best meets the needs of the target market, within the available funds. In general, the renovation is to include all exhibit, meeting rooms, pre-function and support spaces such as loading docks, kitchens, bathrooms, systems, and exterior areas. In addition, the MBCC is to be expanded to accommodate a new ballroom and meeting space. (See Appendix B for a summary of existing MBCC floor plan and program spaces, and Appendix C for a preliminary summary of desired convention center improvements). The specific scope of the renovation and expansion will be finalized with the City after the criteria professional team is selected. The services sought under the RFQ are for the MBCC and the replacement of any MBCC parking that is removed as part of any MBCC expansion. This RFQ is for the design criteria professional only. The City recognizes that additional sub-consultants will be needed. Once the design criteria professional is selected, the selected professional, along with the City, will formulate a process consistent with CCNA Chapter 287.055, to select other consultants. The City reserves the right to approve or disapprove all sub-consultants. No design sub-consultants, such as landscape, traffic, cost estimating, structural engineering, mechanical engineering, electrical engineering, civil engineering, security, etc., should be included in this submittal. The project budget is currently estimated to be $500 million for all hard and soft costs related to the MBCC renovation and expansion. Additional funds are available for parking structures. The scope of services for the design criteria professional shall include, but not be limited to: • Programming & Conceptual Design Services -By the time the Scope of Services commences, the available project funding amount will be established. As a first step, the design criteria professional will work with the City and the City's cost estimator to evaluate the approach and cost of various options for implementing Appendix C, creating a renovation and expansion program that can be accomplished within the available funds, and assure the MBCC will remain in operation for a selected group of shows during the construction phase. The design criteria professional shall provide sufficient documentation to study the various options, assist with prioritization, work the City's cost estimator to address budget implications, and make presentations to the City staff and City Commission. In creating the conceptual design, the design criteria professional shall consult with MBCC users, as selected by City staff, to seek input. • Schematic Design Services -In the Schematic Design, phase the design criteria professional shall provide those services necessary to solidify the program and prepare documents consisting of drawings and other documents illustrating the general scope, scale and relationship of project components for approval by the City. • Design Development Services -In the Design Development phase the design criteria professional shall provide those services necessary to prepare from the approved Schematic Design documents, the Design Development documents consisting of drawings and other documents to fix and describe the size and character of the entire project, including architectural, civil, landscape, structural, mechanical, security, electrical systems, materials, and such other elements as the City may deem appropriate. • Phasing Plan -The design criteria professional shall create a conceptual constructlon phasing plan enabling the MBCC to accommodate certain key conventions, particularly Art Basel, and other events. • Design Criteria Package -The design criteria professional shall assemble the drawings and specifications in a design criteria package to be sent to potential design-build teams. The design criteria professional shall host a pre-proposal meeting and make the appropriate team members available to answer design-builder proposer questions while the RFP is outstanding. • Design-Build Proposal Review -The design criteria professional shall participate in the review and interview process for the design-build teams, providing advice and comment as requested. • Construction Document Oversight -The design criteria professional shall review the design-builder construction documents at appropriate intervals to assure the specifications are being incorporated. • Construction Oversight -The design criteria professional shall review the design-builder construction at appropriate intervals to assure construction compliance with the design criteria. • Meetings -The design criteria professional shall be required to attend project team meetings and public meetings, prepare relevant diagrams and renderings, and assist with project scheduling. • Other -Additional services may be required as determined by the City. 10 I RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES (.9 MIAM1 BEACH 11 Appendix D presents a preliminary project schedule to completion of construction documents. SECTION IV-RESPONSE FORMAT In order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittals should be bound and 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. Respondents should prepare their submittal on 8.5 x 11 paper. Please feel free to include other materials, such as covers, appendices, brochures, etc. at your discretion. TAB1 Executive Summa 1. Cover Page, Letter, and Table of Contents. The cover letter must indicate Prime Respondent and be signed by same. 2. Executive Summary. Provide a brief summary of no more than two (2) pages describing your firm's, experience and qualifications, staff that will be assigned to this project, and any other relevant information. 3. Minimum Qualifications. Submit verifiable information documenting compliance with the minimum qualifications and requirements. TAB 2 I. rience & Qualifications Qualifications of Proposing Firm(s). Describe experience and qualifications of the Responder in providing the services detailed herein. 1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. 2. Relevant Experience: Summarize projects of comparable size and scope where similar services to those described in this RFQ have been provided. For each project include: a. Project name and location and images b. Professional team name(s) and roles c. Year project completed (or "In Design" or "Under Construction") d. Short description of services provided e. Identification of the individuals that worked on the project, and who will work on this project f. Reference contact information g. Project development cost 3. Project Team: Provide an organizaUonal chart of all personnel 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 team member to be assigned to this contract. 4. Financial Capacity: a. Provide a summary of historical proposer gross revenues for the past (3) three years. b. The Respondent shall pay D&B to send the Supplier Qualifier Report (SOR) to the City through electronic means, emailing to MariaEstevez@miamibeachfl.gov. The cost of the preparation of the D&B report shall be the responsibility of the Respondent. The Respondent can request the report from D&B at: https :l/su ppl ierportal .d n b. com/webapp/wcs/sto res/servlet/Suppl ierPortal ?storeld= 11696 In addition to the SQR, the City reserves the right to require additional information to determine financial capability including, upon written request, the latest annual reviewed/audited financial statements with the auditor's notes. Respondent shall have ten (10) calendar days respond to such a 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. 11 i RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES (9 MIAMIBEACH 12 roach and Methodolo Provide Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. The Certification, Questionnaire & Requirements Affidavit (Appendix A) must be signed by the Prime Respondent. SECTION V-EVALUATION PROCESS Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Response in accordance with the requirements set forth in this Solicitation. If further information is desired, Respondents may be requested to make additional written Submittals and/or oral presentations to the Evaluation Committee. The evaluation of responses will proceed in a two-step process. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. Step 1 Evaluation (90of100 Potential). The Evaluation Committee shall meet to evaluate each Response in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may: a. Review and score all responses received, with or without conducting oral presentations; or b. Review all responses received and short-list one or more respondents to be further considered in oral presentations (using the same criteria). c. In no particular order of priority, the criteria used will include, but not be limited to: • Experience of the professionals that will work on this Project • Availability of resources to perform the required services • Experience of the firm • If applicable, general design style of the firm • Proposed approach and project schedule • Ability to maximize results with limited funds • Quality of references • Financial Capacity • Results of D&B Report Step 2 Evaluation (10of100 Potential). Following the results of Step 1 Evaluation Qualitative criteria, the respondents may receive additional points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. • Miami Beach -Based Vendor • Veterans and State-Certified Service-Disabled Veteran Business Enterprise 5 5 Negotiation: Once the ranking is approved by the City Commission, the City will enter into contract negotiations with the top ranked firm(s). If the City and selected firm(s) cannot agree on contractual terms within sixty (60} days, the City will terminate negotiations with the next ranked firm, continuing this process with each firm in rank order until agreeable terms can be met or the procurement is terminated. Contract negotiations and execution will take place as quickly as possible after selection. SECTION VI -SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS The DCP shall maintain the following required insurance coverage in full force and effect. The DCP shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the City: (a) Professional Liability Insurance, in the amount of one million dollars ($1,000,000.00), per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. DCP shall notify the City, in writing, within thlrty (30) days of any claims filed or made agalnst its Professional Liability Insurance policy. (b} Comprehensive General Liability Insurance, in the amount of one million dollars ($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which shall include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits required under Florida law. 121RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES C9 MIAtv\I BEACH 13 {d} The DCP must give the City at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent DCP shall provide the City with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. Pursuant to Section 725.08, Florida Statutes, the DCP shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the DCP and other persons employed or utilized by the DCP in the performance of this Agreement. The DCP shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. DCP expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by DCP shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The DCP agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the DCP in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the DCP {including, without limitation its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement}. 131RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES C9 Ml.A.Ml BEACH 14 APPENDIX A ~ MIAMI BEACH Response Certification, Questionnaire & Requirements Affidavit RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 15 Solicitation No: 2014-142ME Solicitation Title: Design Criteria Professional Services for the Miami Beach Convention Center Renovation Procurement Contact: Telephone Number: Maria Estevez {305) 673-7000 x 7490 I E-mail Address: MarlaEstevez@miamibeachft.gov RESPONSE CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Respondents of certain SOLICITATION and contractual requirements, and to collect necessary information from Respondents in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Response Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Respondent lnformauon. FIRM NAME: No of Years in Business: I No of Years in Business Locally: I No. of Employees: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: TELEPHONE NO : TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from respondent 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 respondent to perform in accordance with contract requirements. 151RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES (9 MIA.t\:\I BEACH 16 2. 3. Miami Beach Based (Loc 1 al) Verdor. Is prime tponrnt a Miami Beach based finn? YES NO SUBMITTAL REQUIREMENT: Prime Respondents claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Respondent is a Miami Beach Based Vendor. Veteran Owned Businessj Is prile Respondent a veteran owned business? YES C-=:J NO SUBMITTAL REQUIREMENT: Prime Respondents claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 4. Litigation History. Respondent shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Prime Respondent shall submit history of litigation or regulatory action filed against respondent, or any respondent team member finn, in the past five (5) years. If Respondent has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 5. Suspension, Debarment or Contract Cancellation. Has prime Respondent ever been debarred, suspended or other legal violation, or had a contract cancelled due tl non-prormance by any public sector agency? C=:J YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," prime Respondent shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Prime Respondents and all team members are expected to be or become familiar with, the City's Campaign Finance Refonn laws, as codified in Sections 2-487 through 2-490 of the City Code. Respondents 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 Responses, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. 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 Respondent, 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: Prime Respondent shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, respondent 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/procurementl. 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, respondents shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: 16 I RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES C9 MIAMIBEACH 17 • 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). Respondents' 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 respondent as non-responsive, and may further subject respondent 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, Respondent agrees to the living wage requirement. 9.. 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? ~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. 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 Respondent 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 ls available at www.miamibeachfl.gov/procuremenU. 10. 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 171RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES <e MIAMI BEACH 18 entity crime may not submit a bid, response, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, response, 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, responses, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or DCP 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, respondent agrees with the requirements of Section 287 .133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to respondents or alter solicitation requirements. The City will strive to reach every Respondent having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Respondents are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Respondent has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in response disqualification. Initial to Confirm Initial to Confirm In itia I to Confirm Receiot Receiot Receiot 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 add1t1onal confirmation of addendum 1s required, submit under separate cover . 181RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES G MIAMIBEACH 19 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 Responses made pursuant to this RFQ, or in making any award, or in failing or refusing to make any award pursuant to such Responses, or in cancelling awards, or in withdrawing or cancelling this RFQ, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving responses, may accept or reject responses, and may accept responses 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 Responses in response to this solicitation. Following Submittal of a Bid or Response, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Response 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 Respondents. 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. Respondents 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 Response 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 tenns hereof. Any Responses submitted to the City pursuant to this RFQ are submitted at the sole risk and responsibility of the party submitting such Response. This RFQ is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Respondents will be bound only as, if and when a Response (or Responses), 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 Responses and supporting documents shall be subject to disclosure as required by such law. All Responses shall be submitted in sealed bid fonn 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. Respondents are expected to make all disclosures and declarations as requested in this solicitation. By Submittal of a Response, the Respondent 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 Response, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Respondent certifies that the information contained in the Response is true, accurate and complete, to the best of its knowledge, infonnation, and belief. Notwithstanding the foregoing or anything contained in the RFQ, all Respondents agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFQ, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of tl'lis Disclosure and Disclaimer which imposes no liability on the City. In tl'le event of any differences in language between this Disclosure and Disclaimer and the balance of the RFQ, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall be governed by and construed in accordance with the laws of the State of Florida. 191RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES G Ml.AMI BEACH 20 RESPONDENT CERTIFICATION I hereby certify that: I, as an authorized agent of the Respondent, am submitting the following information as my firm's response; Respondent agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this ITN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; respondent agrees to be bound to any and all specifications, terms and conditions contained in the ITN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of response submitted; Respondent has not divulged, discussed, or compared the response with other Respondents and has not colluded with any other respondent or party to any other response; respondent 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 resoonse, inclusive of the Response Certification, Questionnaire and Reauirements Affidavit are true and accurate. Name of Respondenfs Authorized Representative: Title of Respondenfs Authorized Representative: Signature of Respondent's Authorized Representative: Date: State of FLORIDA On this _day of , 20_, personally appeared before me who County of stated that (s)he is the of _____ , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of __ _ My Commission Expires: ______ _ 20 I RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES e MIAMIBEACH 21 APPENDIX B --MIAMI BEACH - Existing MBCC Floor Plan and Program Information RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 21 I RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES G MIAMI BEACH 22 ' -:i! > ~ :~;._ MIAMI BEACH CONVENTION CENTER -LEVEL TWO ~--1"~--==---=--u--~-e'24"1~' :--~-e. ;_@r-~-~ .._·~1-~· · -.-.~·1··· ..... ...:7:; ... • ;-. = :-: ...._ : ,;, • ' :, f 1r -I~·' ><• __::,, ;,.,.A-" '°.".:....":.':'"f•·-·--;a-;o'.f.:. ,_. ~,; '~~ :~ -~ :-: '. , , .. . -I' 1 'ni, 1..1r.-.,. Sp.ic• •bove " I: h .• .,.. L._' _·.-: ,,-I ' - l_-_. __ _ Hall A I Spac• abov• H"llD 1 · § i I I 22 I RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES 23 ~~--~~ / .. -.... ar· ..,_ .. ·~rT·;-c~ ._, ... ~r~ ·• ;n;: r11 l'Z :1\f "' f ri f.W .a..:..J..<.-~~·< .... ·\--:l" .. :t•tl Hall B sp .. c• .. bov• H"ll C I _• .... ~ ".,,,. ."•S ~HJ ~ --~-¥.'.__;_,. G MIAMI BEACH MIAMI BEACH CONVENTION CENTER -LEVEL THREE ~v~ -·,-.. ..-...··· -~~·:1~r.r~ f I, Open 111bo>Je 'Eli'hibit Hall A Open 11bove Exhibit Hall D Open t;bov.e EKh1bit Hall B Open abcr.te E,;1-iibit :tUll C 231RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES 24 f9 MIAMIBEACH Convention Center Rooms Exhibition Space SQUARE DIMENSIONS RECEPTION & CLASSROOM 10' x 10' CEILING HALLS FOOTAGE (FEET/METERS) THEATER STYLE STYLE BOOTHS HEIGHT HALLA 119,970 258ft x 465ft 12,000 7,992 612 35'0' HALLB 117,648 258ft x 456ft 11,765 7,840 604 35'0' HALLC 132,240 290ft x 456ft 13,225 8,813 672 35' a· HALLO 132,990 286ft x 465ft 13,300 8,869 672 35' o· 502,848 241RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES f9 MIAMI BEACH 25 Meeting Space -Level 1 CLASSROOM USEABLE APPROXIMATE THEATER RECEPTION BANQUET 8' x 18' CEILING ROOM SQ.FT. DIMENSIONS SEITING SETTING SEITING TABLES HEIGHT A101 1,140 38 x 30 85 151 60 56 13'6" A102 1,140 38 x 30 85 138 60 56 13'6' A103 500 20x25 24 50 20 16 13'6' A104 1,140 38x30 76 125 50 56 13'6' A105 1,140 38x30 76 139 50 56 13'6' A101/105 6,120 60 x 102 542 711 420 340 13'6' A101/102 2,280 60x38 228 289 150 152 13'6' A1011102' 3,060 60 x 51 282 368 200 184 13'6' A104/105 2,280 60 x 38 200 264 130 152 13'6' A104/105' 3,060 60 x 51 254 343 180 184 13'6' A106 957 33 x 29 78 108 50 48 12'0' A107 957 33x29 78 107 50 48 12'0' A106/107 1,914 33x 58 188 216 110 108 12'0' A108 957 33x 29 78 109 50 48 12'0' A109 957 33 x 29 78 107 50 48 12'0' A108/109 1,914 33x58 188 216 110 108 12'0' A110 957 33 x 29 78 109 50 48 12'0' A111 957 33 x 29 78 111 50 48 12'0' A1101111 1,914 33 x 58 188 191 110 108 12'0' 8112 837 31x27 78 100 50 48 12· o· 8113 837 31x27 78 100 50 48 12' o· 81121113 1,705 31x55 172 200 110 108 12' O' 9114 837 31x27 78 100 50 48 12· o· 8115 837 31x27 78 100 50 48 12' o· 81141115 1,705 31x55 172 200 110 108 1z o· 8116 837 31x27 78 100 50 48 12' O' 8117 837 31x27 78 100 50 48 12' O' 91161117 1,705 31x55 172 200 110 108 12' o· 8118 900 30 x 30 67 107 40 44 13' 6' 8119 900 30x30 67 99 50 44 13' 6' 8120 540 20 x 27 28 56 20 16 13' 6' 8121 1,080 36 x 30 70 111 50 44 13' 6' 9122 1,080 36 x 30 70 119 40 44 13' 6' 81181122 5,640 94 x 60 512 550 350 304 13' 6' 81181119 1,800 60 x 30 182 206 90 116 13' 6' 81181119' 2,640 60 x 44 235 280 150 152 13' 6' 81211122 2,160 60x 36 162 231 90 116 13' 6' 81211122' 3,000 60x50 262 308 160 152 13' 6' C123 3,726 54 x69 349 372 230 192 25' O" C123' 3,024 54x56 281 307 200 180 25'0' C124 4,209 61 x69 391 424 260 240 25' O' C124' 3,416 61x56 315 345 220 220 25' O' C1231124 7,935 115x69 789 794 500 504 25' O' C1231124' 6,440 115 x 56 702 600 420 420 25' O' C125 6,351 73 x87 642 642 360 400 25' o· C126 6,177 71 x87 642 628 380 400 25· o· C1251126 12,528 144 x 87 1,257 1,271 840 808 25'0' C127 1,120 28x40 90 100 60 56 13' 4' C1/213/4 90 EACH 9 x 10 8' o· 0128 4,320 60 x 72 360 420 240 236 25'0' 0129 6,336 72x 88 570 637 380 384 25'0' 01281129 11,616 132 x 88 1,178 1,181 730 784 25' O' 0130 5,184 72 x 72 480 525 280 304 25· o· 0131 3,240 60x54 260 327 170 168 25' o· 01301131 9,504 132 x 72 992 978 540 616 25· o· 0128/131 21,252 132 x 161 2,142 2,160 1,370 1,416 25'0' OSTUOIO 400 20 x 20 s· o· 011213/4 130 13 x 10 a· o· 251RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES G MIAMIBEACH 26 Meeting Space -Level 2 CLASSROOM USEA6LE APPROXIMATE THEATER RECEPTION BANQUET B' X 18' CEILING ROOM SQ. FT. DIMENSIONS SETTING SETTING SETTING TABLES HEIGHT A201 2,200 44 x50 199 272 120 128 20· o· A202 2,200 44 x50 209 286 120 128 20' o· A203 858 33 x 26 66 86 50 4() 20· o· A204 2,200 44 x 50 209 276 130 128 20· o· A205 2,200 44 x 50 199 267 130 128 w o· A201/205 11.514 101x114 1,131 1.359 750 7B8 20' o· A201/202' 4,444 44x101 441 559 270 296 20'0' A2011202 5,757 101x57 559 688 340 400 20'0' A2041205* 4,444 44x 101 438 544 300 296 20' o· A204/205 5,757 101 x 57 559 671 360 400 20'0' A208 1,755 39x45 149 186 90 112 14'0' A209 1,755 39x45 149 186 90 112 14'0' A2081209 3,510 90x 39 336 373 190 236 14'0' 6210 1,638 39x42 149 186 90 112 14'0' 6211 1,638 39x42 149 186 90 112 14' o· 9210/211 3,276 39xB4 323 373 190 244 14' o· 6212 1,638 39x42 149 186 90 112 14' o· 8213 1,638 39x42 149 186 90 112 14' O' 8212/213 3,276 39xB4 323 373 190 244 14' O" 8214 1,850 50x37 145 215 110 92 20' O' 8215 2,035 55x37 147 233 120 92 20· o· 8216 924 28x33 80 111 50 60 20' o· 8217 2,035 55x37 141 229 120 92 20· o· 8218 1,850 50x37 135 205 100 96 20· o· 82141215 3,848 104x37 343 449 250 220 20' o· 82141215* 5,720 104 x 55 440 660 340 268 20' o· 62171216 3,B4tl 104 x 37 332 434 230 220 20' O' 82171216* 5,720 104 x 55 440 644 340 268 20' o· 82141218 10,504 101x104 1,041 1,304 720 696 20' o· C219 1,628 44x37 126 160 80 84 13' 4' C220 960 32x30 125 136 60 76 13' 4' C221 1,200 40x30 132 137 70 84 13' 4· C222 960 32 x30 125 136 60 76 13' 4' C2201221 1,800 60x30 164 274 130 108 13' 4' C221/222 1,800 60 x30 164 274 130 108 13' 4' C220/222 2,700 90 x30 266 410 190 1BO 13' 4' C223 1,290 43 x30 116 126 60 BO 13'4' C224 1,290 43 x 30 120 128 60 80 13'4' C223/224 2,580 60 x43 224 254 130 136 13'4' C225 1,050 35 x 30 86 108 60 56 13'4' C226 1,050 35x 30 SS 107 60 56 13'4' C2251226 2,100 60 x 35 168 215 130 112 13' 4' C227 1,050 35 x 30 86 108 60 56 13'4' C228 1.050 35x30 es 107 60 56 13' 4' C2271228 2,100 60x35 168 215 130 112 13' 4' D229 1,050 35x30 86 108 60 56 13' 4' D230 1,050 35x 30 86 107 60 56 13'4' 0229/230 2,100 60x 35 168 215 130 112 13' 4' 0231 1,050 35x30 49 49 49 49 13'4' D232 1,050 35x 30 49 49 49 49 13'4' 0231/232 2,100 60x35 168 215 130 112 13'4' D233 1,230 41x30 118 129 60 80 13'4' D234 1,230 41x30 120 12B 60 BO 13'4" 02331234 2,460 60x41 224 257 130 136 13'4' D235 1,230 41 x30 118 129 60 80 13' 4' D236 1,230 41 x30 120 128 60 80 13' 4• 02351236 2,460 60 x41 224 257 130 136 13' 4' 0237 1,020 34x30 131 134 60 76 13' 4' D238 1,200 40x30 132 138 70 84 13' 4' 0239 1,020 34 x30 131 134 60 76 13' 4' 02371238 2,640 60 x34 158 272 120 108 13' 4' 02381239 2,640 60x34 15B 272 120 108 13'4" 02371239 3,060 90x34 266 406 190 180 13'4' 0240 1, 14() 36 x30 120 128 70 84 13'4' D241 1,140 36 x30 120 128 70 B4 13'4' 02401241 2,400 60 x 4() 221 256 160 160 13'4' Meeting Space -Level 3 C33 (Show Office) 900 D34 (Show Office) 900 261RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES G MIA.MIBEACH 27 Convention Center Room Areas Sguare Feet Level 1 Level2 Level3 Total Exhibit Halls 502,098 0 0 502,098 Meeting rooms 68, 131 57,768 0 125,899 Lobby/Pre-function 107,619 55,708 0 163,327 Concession/ Food Court 7,450 0 0 7,450 Food Service/Kitchen 4,238 3,408 0 7,646 Front of house support 18,500 26,494 0 44,994 Back-of-House Service 126,388 154,942 0 281,330 Vertical Circulation 15,059 0 0 15,059 Admin Offices 0 0 15,000 15,000 849,483 298,320 15,000 1,162,803 271RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES (9 MIAMIBEACH 28 APPENDIX C MIAMI BEACH Preliminary MBCC Improvements RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 281 RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES e MIAMIBEACH 29 Preliminary MBCC Improvements (Note that this list of improvements is preliminary and is not meant to be exhaustive.) 1) New 60,000± square foot Ballroom 2) Breakout meeting space-renovated ballroom and meeting space totaling 200,000± square feet. 3) New Outdoor Function Space 4) Existing Exhibit Hall Improvements While at present, there has been no final conclusion on whether additional exhibit space is required, should additional exhibit space be recommended, the Respondent must provide supporting data how such a need was identified. a) Halls need to be reconfigured so they can be subdivided into four halls from East to West. With this configuration, the skywalk may be removed depending on the master plan for the east side of the center. b) One of the subdivided halls needs the capability to be further subdivided for smaller events. c) Each subdivided exhibit hall needs access to approximately nine (9) loading docks (36 in total). d) Each subdivided exhibit hall needs one (1) 30' x30' freight door and four (4) 15' x 24' freight doors. e) Provide appropriate show offices adjacent to each hall. f) Repair exhibit floor to provide for the appropriate lbs per sqf. load g) Repair/improve infrastructure under exhibit halls (plumbing, electrical and data!telecomm) to Class A standards. h) Replace exhibit hall air handlers and install new VFD's 5) Existing Meeting Rooms/Pre-Function a) Provide a general renovation of existing meeting spaces and pre-function areas including all finishes (carpet, wall coverings, ceiling, etc.) and fixtures, lighting and lighting controls, sound systems, automatic projector screens, rigging points, etc. b) Install floor power in C 123-126 and D 128-131 6) Existing Support Areas a) Replace carpet throughout facility b) Add new restrooms and expand existing to achieve the appropriate number of facilities. c) Upgrade and/or expand kitchen facilities to meet Class A standards. d) Renovate concession stands, renovate/add food court e) Provide for a business center with approximately 1 ,500 square feet f) Locate engineering shops and their offices in best location given hall reconfiguration g) Provide the appropriate number of permanent ticket booths on the exterior of the facility. Ideally one for each hall with at least eight (8) windows. 7) Infrastructure Improvements a) Address stormwater issues 291RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES (9 MIAMIBEACH 30 b) Replace existing escalators c) Replace existing elevators, including relocating/installing freight elevators driven by hall reconfiguration. d) Replace buss duct on west side interior e) Replace exterior doors and windows with impact glass ~ Replace all air handlers g) Install roof drain vents h) Replace chiller and cooling tower i) Replace chilled water piping j) Assess and replace/improve all life safety function's including fire sprinkler pump replacement, fire sprinkler valve room replacement, and fire panel replacement to include strobe lighting k) Replace generator I) Replace cooling tower piping m) Chilled water insulation replacement n) Chilled water valve replacement o) Upgrade Compressed air system p) Reduce humidity and condensation problems within the building q) Replace exhaust fans r) Replace exterior sidewalk, stairs and handrails s) Add portable/telescopic riser seating (minimum 4,000 seats) t) Replace all existing interior doors and hardware, including card swipe locking system u) Replace electrical gear 8) Sustainability Improvements -Advise on and implement viable sustainability measures within the facility. This could include, but not limited to, solar roof panels, rain water collection, natural light, etc. Achieve LEED certification. 9) Technology a) Add a Distributed Antenna System (cell phones) b) Expand Wi-Fi to entire facility c) Add digital read boards throughout facility for meeting rooms, exhibit halls d) Add Exterior digital signage and marquee e) Ensure facility is compliant with all ADA requirements, including push button door openers. 30 I RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES f9 MIAfv\I BEACH 31 APPENDIX D --MIAMI BEACH Preliminary Schedule RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 31 I RFQ 2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES C9 MIAMI BEACH 32 Preliminary Schedule 21!14 0 2 3 4 Jan l'eb M" •o• May I J"n Performance Cftterle Consultant Procurement I DraftRFQ -- Commission Approve RFQ ------1-1 RFQOutstandlng -·····i--m••I ------1----------Review/Interview Commission selection Contract Negotiations -----+-------i-----1 i ----+------+------- Performance Criteria (30% design) Establish Budget Conceptual Design -----1---_ ...... 1--- ! 1 -----1--- ----·1-------1--- 6 7 8 9 10 11 12 fol AUi Sep Oct Nov Dec Jan ----;---I~~~--~ Schematic Design ------1------------r----------;---••••• Design Development -....... ~-----.. ··;--------;---------------- Commission Update/Approval --------:--··· -------1-------------T·--------1- Design-Builder Draft RFP Commission Approve RFP RFP Outstanding Review/Interview Commission Selection Contract Negotiations Construction Documents ___ _.! __ _ ----i--- ---~--- ----1---___ j __ _ ----i--- ----~--- ---~-----~-1M~-_____ J __ _ I ---··-i=··--_____ J __ _ i ------=---- 321RFQ2014-142ME DESIGN CRITERIA PROFESSIONAL SERVICES 33 13 14 15 F•b Ma• Ap• 21!15 16 17 18 19 20 21 22 23 24 May I J"n Jul Aug ~p Oc:t Nov Dec Jan <.e MIAMI BEACH THIS PAGE INTENTIONALLY LEFT BLANK 34 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING SPACE RENTAL CHARGES IN THE AMOUNT OF $9,700 AT THE COLONY THEATRE FOR THE MIAMI GAY AND LESBIAN FILM FESTIVAL, A NON-PROFIT 501(C)3 ORGANIZATION, TAKING PLACE APRIL 27 -MAY 3, 2014. WHEREAS, the Miami Gay & Lesbian Film Festival ("Festival"), a critically acclaimed event, is based in the world-renowned historic South Beach neighborhood with additional films screened at locations throughout Miami-Dade County; and WHEREAS, the 16th Miami Gay & Lesbian Film Festival will take place from Friday, April 27 until Sunday, May 3, 2014; and WHEREAS, the Festival is a non-profit 501 (c)3 organization and is held annually in Miami Beach and features full-length narratives, short films, and documentaries offering historical and contemporary perspectives on the gay, lesbian, bisexual, and transgender experience; and WHEREAS, the Mayor and City Commission approve of the waiver of the space rental charges in the amount of $9,700 for the 16th Miami Gay and Lesbian Film Festival to be held at the Colony Theatre from Friday, April 27 until Sunday, May 3, 2014. 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 Theater for the 16 1 h Miami Gay And Lesbian Film Festival, a non-profit 501 (c)3 organization, taking place April 27 -May 3, 2014. PASSED AND ADOPTED this ___ day of February, 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK Agenda Item C. 7 P 35 Date Z.. ·t z-I {f THIS PAGE INTENTIONALLY LEFT BLANK 36 RESOLUTION NO. -------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT ANY AND ALL OPTIONS INCLUDING, WITHOUT LIMITATION, EXTENDING THE HOURS OF CONSTRUCTION ACTIVITIES PURSUANT TO THE CITY'S NOISE ORDINANCE TO EXPEDITE CONSTRUCTION ON FLORIDA DEPARTMENT OF TRANSPORTATION (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. WHEREAS, the FOOT Alton Road Improvements from 5th Street to Michigan Avenue Project has resulted ln significant negative traffic impacts upon the residents, businesses, and visitors in the City of Miami Beach who live, travel, and conduct business along this major corridor within the City; and WHEREAS, most recently, the Miami Beach City Commission launched a trolley seNice to mitigate the effects of the Project, however, other measures are needed to address the major impacts which the Project has upon the City; and WHEREAS, the Mayor and City Commission deem the adverse circumstances resulting from the Project an emergency and that it is in the best interest of the health, safety, and welfare of the City to expedite the Project and to authorize the City Manager to implement all available options including, without limitation, extending the hours of construction activities pursuant to Chapter 46, Article IV of the City Code ("Noise Ordinance") to expedite construction on the Project so that its completion occurs prior to its scheduled completion date of April 2015 and on or before December 31, 2014. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is hereby authorized to implement any and all options including, without limitation, extending the hours of construction activities pursuant to the City's Noise Ordinance to expedite construction on the FOOT Alton Road Improvements from 5th Street to Michigan Avenue so that the Project may be completed prior to its scheduled completion date of April 2015 and on or before December 31, 2014. PASSED AND ADOPTED this ____ day of February, 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK F:\ATTOITURN\RESOS\Expedite Alton Road FDOT Construction Project.docx 37 THIS PAGE INTENTIONALLY LEFT BLANK 38 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Setting a Public Hearing to Adopt the Third Amendment to the Capital Budget for Fiscal Year FY 2013/14. Key Intended Outcome Suooorted: Ensure Well Designed Quality Capital Projects --Increase Community Satisfaction with City Services Supporting Data: Based on the 2012 Community Survey, storm drainage was identified as an area for improvement, although improved from prior years; arts and culture was one of the services identified that the city should strive not to reduce; and traffic flow, conditions of roads, and availability of public parking, were all identified as key drivers of overall satisfaction levels. Further, the following have been prioritized as key intended outcomes for the City's Strategic Plan: Increase satisfaction with family recreational activities, Improve Convention Center facility, Enhance mobility throughout the city, Improve parking availability, Ensure value and timely delivery of quality capital projects, Maintain City's infrastructure, Improve Storm drainage system, Improve processes through Information Technology. The FY 2013/14 Capital Budget and the Capital Improvement Plan for FY 2013/14 through 2017/18 includes funding for capital projects to address each of these priorities. Item Summary/Recommendation: The Capital Improvement Plan (CIP) is a plan for projects that require significant capital investment and is intended to serve as an official statement of public policy regarding long-range physical development in the City of Miami Beach, establishing priorities for the upcoming five year period, FY 2013/14 -2017 /18. The FY 2013/14 Capital Budget includes project budgets for both current and new capital projects necessary to improve, enhance and maintain public facilities and infrastructure to meet the service demands of residents and visitors to the City of Miami Beach. The Capital Budget for FY 2013/14 appropriates funding for projects that will require commitment of funds during the upcoming fiscal year, including construction contracts and architect/engineer contracts to be awarded during the upcoming year and capital equipment acquisitions. The Capital Budget for Fiscal Year 2013/14 was approved on September 30, 2013, with the adoption of Resolution No. 2013-28354. The First Amendment to the FY 2013/14 Capital Budget was approved on December 11, 2013, by resolution 2013-28442. The Second Amendment to the FY 2013/14 Capital Budget was approved on January 15, 2014, by resolution 2014-28470. A new capital project, the 61h, 101h, and 141h Street Stormwater Pump Stations project, requires a budget amendment for $11,250,000 to mitigate rainfall and tidal flooding in the south beach area. If any other necessary budget amendments are identified, they will also be added to the public hearing item. The Administration requests that the Mayor and City Commission set a public hearing to be held on March 5, 2014, to adopt the Third Amendment to the Capital Budget for Fiscal Year (FY} 2013/14. Financial Information: Source of Amount Funds D Cit Clerk's Office Le islative Trackin John Woodruff, OBPI Director Si Assistant City Manager MIAMI BEACH 39 Account City Manager AGENDA JTEM _C._7_R. __ DATE ~~/.J-/l( MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochR.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: A RESOLUTION SETTING A PU LIC HEARING TO ADOPT THE THIRD AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR (FY} 2013/14. ADMINISTRATION RECOMMENDATION Adopt the Resolution and Set the Public Hearing for March 5, 2014. KEY INTENDED OUTCOME SUPPORTED Ensure Well Designed Quality Capital Projects -Increase Community Satisfaction with City Services ANALYSIS The Capital Improvement Plan (CIP) is a plan for projects that require significant capital investment and is intended to serve as an official statement of public policy regarding long- range physical development in the City of Miami Beach, establishing priorities for the upcoming five year period, FY 2013/14-2017/18. The FY 2013/14 Capital Budget includes project budgets for both current and new capital projects necessary to improve, enhance and maintain public facilities and infrastructure to meet the service demands of residents and visitors to the City of Miami Beach. The Capital Budget for FY 2013/14 appropriates funding for projects that will require commitment of funds during the upcoming fiscal year, including construction contracts and architect/engineer contracts to be awarded during the upcoming year and capital equipment acquisitions. The Capital Budget for Fiscal Year 2013/14 was approved on September 30, 2013 with the adoption of Resolution No. 2013-28354. The First Amendment to the FY 2013/14 Capital Budget was approved on December 11, 2013, by resolution 2013-28442. The Second Amendment to the FY 2013/14 Capital Budget was approved on January 15, 2014, by resolution 2014-28470. A new capital project, the 5th, 101h, and 14th Street Stormwater Pump Stations project, requires a budget amendment for $11,250,000 to mitigate rainfall and tidal flooding in the south beach area. If any other necessary budget amendments are identified, they will also be added to the public hearing item. If any other necessary budget amendments are identified, they will also be added to the public hearing item. 40 CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, set a public hearing to be held on March 5, 2014, to adopt the Third Amendment to the Capital Budget for Fiscal Year (FY) 2013/14. The key intended outcome supported is to ensure well-designed quality capital projects and increase community satisfaction with City seNices. JLM:J~ 41 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SETTING A PUBLIC HEARING TO ADOPT THE THIRD AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR (FY) 2013/14 WHEREAS, the FY 2013/14 -2017/18 Capital Improvement Plan (CIP) for the City of Miami Beach is a five year plan for public improvements and capital expenditures by the City, this document is an official statement of public policy regarding long -range physical development in the City of Miami Beach; and WHEREAS, the first year of the FY 2013/14 -2017/18 CIP represents the Capital Budget appropriation for FY 2013/14; and WHEREAS, the Capital Budget for FY 2013/14 was approved on September 30, 2013, with the adoption of Resolution No. 2013-28354; and WHEREAS, the First Amendment to the Capital Budget for FY 2013/14 was approved on December 11, 2013, with the adoption of Resolution No. 2013-28442; and WHEREAS, the Second Amendment to the Capital Budget for FY 2013/14 was approved on January 15, 2014, with the adoption of Resolution No. 2014-28470; and WHEREAS, the 6th, 1 oth, and 14th Street Stormwater Pump Stations project requires a budget amendment to mitigate rainfall and tidal flooding in the south beach area; and WHEREAS, the Administration requests that the Mayor and City Commission set a public hearing to be held on March 5, 2014, to adopt the third amendment to the Capital Budget for Fiscal Year (FY) 2013/14; and WHEREAS, the key intended outcome supported is to ensure well-designed quality capital projects. 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 set a public hearing on March 5, 2014, to adopt the Third Amendment to the Capital Budget for Fiscal Year (FY) 2013/14. PASSED and ADOPTED this 12th day of February, 2014. ATTEST: MAYOR PHILIP LEVINE RAPHAEL E. GRANADO, CITY CLERK 42 CUMMl::i::ilUN lltM ::iUMMAKY Condensed Title: A Resolution OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Cancelling And Rejecting All Proposals Received Pursuant To Request For Proposals No. 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 Parkina Lot #27 On North Lincoln Lane Between Jefferson Avenue And Meridian Avenue. Key Intended Outcome Supported: Supporting Data (Surveys, Environmental Scan, etc: NIA Item Summa /Recommendation: On December 14, 2011, the Mayor and City Commission authorized the issuance of Request for Proposals No. 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 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 Avenue and Meridian Avenue (the RFP). The RFP was issued on January 17, 2012, with an opening date for proposals on March 23, 2012. The City received four (4) proposals in response to the RFP from the following firms. On April 12, 2012, the City Manager, via Letter to Commission (L TC) No. 099-2012, appointed an Evaluation Committee (the "Committee") to review proposals received. On May 11, 2012, the Committee convened to shortlist proposers in accordance with the criteria set forth in the RFP. The results of the evaluation committee process resulted in the following ranking: 1. TeamNo11i 2. Lincoln Square 3. Lanestar Partners 4. Lincoln Road Development Following the ranking of proposals by the Committee, the City received a complaint by one of the proposers alleging that a Sunshine Law violation had resulted from the Committee's actions, which is further explained in the attached memo. At the October 3, 2012 Finance and Citywide Projects Committee ("FCWPC"), a discussion was had regarding the alleged Sunshine Law issues. Following the discussion, FCWPC recommended that the City reconvene a new evaluation committee to RFP re-hear the proposers' presentations. However, this was the last action taken as to the RFP because, at that time, the City was also becoming increasingly involved with the Miami Beach Convention Center district RFQ, with result being that the City's limited resources and manpower were necessarily being directed toward that project. The RFP was placed on hold, with no further action taken. It has now been nearly two (2) years since the City received proposals in response to the RFP. Based on the following, it is recommended that, as provided in the RFP, the City Commission exercised its right to cancel the RFP and reject all proposals received in response to the RFP: 1. New Leadership. The City has experienced a significant change in leadership, both administrative and elected. The new leadership has not had an opportunity to weigh in on the requirements and scope of the RFP, including potential development options that may be considered in relation to the ongoing proposal renovation of the Convention Center. 2. Changing Real Estate Market. The City's real estate market has experienced significant change and growth since the time the RFP was released. It may be prudent to re-evaluate the City's options at this time prior to proceeding with proposals that are nearly two (2) years old. 3. Master Plan for the Lincoln Road District. The City is in the midst of releasing a solicitation for a Master Plan of the Lincoln Road District. The proposed Master Plan will incorporate the areas of Lincoln Road and north to 17'h Street, thereby impacting the areas under the scope of the RFP. RECOMMENDATION The Administration recommends that the Mayor and City Commission execute their right under the RFP to cancel the solicitation and re·ect all ro osals received in res onse to such RFP. Advisory Board Recommendation: At the October 3, 2012 Finance and Citywide Projects Committee ("FCWPC"), a discussion was had regarding the alleged Sunshine Law issues, which resulted in the recommendation that the City "cure" any alleged violation by reconvenina a new evaluation committee to consider orooosals received. Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Alex Denis, Extension 6641 MIAMI BEACH C.75 43 '9.-IJ.-I'{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami 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: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CANCE LING AND REJECTING ALL PROPOSALS RECEIVED PURSUANT TO REQUEST FOR PROPOSALS NO. 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, ANO PARKING LOT #27 ON NORTH LINCOLN LANE BETWEEN JEFFERSON AVENUE AND MERIDIAN AVENUE ADMINISTRATIVE RECOMMENDATION Cancel the RFP and reject all proposals. BACKGROUND On December 14, 2011, the Mayor and City Commission authorized the issuance of Request for Proposals No. 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 17 1h Street and Lenox Avenue, Parking Lot #26 on North Lincoln Lane, between Lenox Avenue and Michigan Avenue, and Parking Lot# 27 on North Lincoln Lane, between Jefferson Avenue and Meridian Avenue (the RFP). The RFP was issued an January 17, 2012, with an opening date for proposals on March 23, 2012. The City received four (4) proposals in response to the RFP from the fallowing firms: 1. Lanestar Partners, LLC; 2. Lincoln Road Development, LLC; 3. Lincoln Square, LLC; and 4. Team No11i. On April 12, 2012, the City Manager, via Letter ta Commission (L TC} No. 099-2012, appointed an Evaluation Committee (the "Committee") to review proposals received. The Committee was comprised of the following individuals: 44 Commissiori Memoraridum RFP 14-11/12 Developmerit of North Lincoln Lane February 12, 2014 Pa e 2 • Diego Ardid, Real Estate Developer I Eden Roe • Elsie Howard, Former Chair of MBVCA • Jay Levy, Real Estate I Architect • Marilys Nepomechie, Architect I FIU Professor of Architecture I Preservationist • Alan Randolph, Bank Executive I Past Chair of the Miami Beach Chamber of Commerce • Aileen Ugalde, UM Corporate Counsel • Tom Mooney, City of Miami Beach Planning I Research and Design Manager On May 11, 2012, the Committee convened to shortlist proposers in accordance with the criteria set forth in the RFP. The results of the evaluation committee process resulted in the following ranking: 1. Team No11i 2. Lincoln Square 3. Lanestar Partners 4. Lincoln Road Development Following the ranking of proposals by the Committee, the City received a complaint by one of the proposers alleging that a Sunshine Law violation had resulted from the Committee's actions, in that the Committee's final deliberations were not open to the public. At the time, the City was in the process of determining how to implement a recent amendment to the Florida Statutes which provided that evaluation committee meetings where proposer's made oral presentations to the committee no longer had to be open to the public, provided they were recorded. The City construed this requirement to also include the portion of those meetings pertaining to matters other than presentations, such as deliberations, hence, the resulting challenge. At the October 3, 2012 Finance and Citywide Projects Committee ("FCWPC"), a discussion was had regarding the alleged Sunshine Law issues. Following the discussion, FCWPC recommended that the City "cure" any alleged violation by reconvening a new evaluation committee to RFP re- hear the proposers' presentations. This was the last action taken as to the RFP; at that time, the City was also becoming increasingly involved with the Miami Beach Convention Center district RFQ, with result being that the City's limited resources and manpower were necessarily being directed toward that project. The RFP was placed on hold, with no further action taken. It has now been nearly two (2) years since the City received proposals in response to the RFP. RECOMMENDATION Based on the following, it is recommended that, as provided in the RFP, the City Commission exercised its right to cancel the RFP and reject all proposals received in response to the RFP: 1. New Leadership. The City has experienced a significant change in leadership, both administrative and elected. The new leadership has not had an opportunity to weigh in on the requirements and scope of the RFP, including potential development options that may be considered in relation to the ongoing proposal renovation of the Convention Center. 2. Changing Real Estate Market. The City's real estate market has experienced significant change and growth since the time the RFP was released. It may be prudent to re-evaluate the City's options at this time prior to proceeding with proposals that are nearly two (2) years old. 3. Master Plan for the Lincoln Road District. The City is in the midst of releasing a solicitation for a Master Plan of the Lincoln Road District. The proposed Master Plan will incorporate the areas of Lincoln Road and north to 17th Street, thereby impacting the areas under the scope of the RFP. 45 CONCLUSION The Administration recommends that the Mayor and City Commission execute their right under the RFP t~ncel the solicitation and reject all proposals received in response to such RFP. JLM I K BI AD T:\AGENDA\2014\February\Procuremenl\RFP14-11-12 Lincoln Lane MEMO.docx 46 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CANCELLING AND REJECTING ALL PROPOSALS RECEIVED PURSUANT TO REQUEST FOR PROPOSALS NO. 14-11/12 FOR A PUBLIC-PRIVATE DEVELOPMENT IN MIAMI BEACH ON NORTH LINCOLN LANE, BETWEEN AL TON 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. WHEREAS, on December 14, 2011, the Mayor and City Commission authorized the issuance of Request for Proposals No. 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 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 Avenue and Meridian Avenue (the RFP); and WHEREAS, the RFP was issued on January 17, 2012, with an opening date for proposals on March 23, 2012; and WHEREAS, the City received four (4) proposals in response to the RFP; and WHEREAS, on April 12, 2012, the City Manager, via Letter to Commission (L TC) No. 099-2012, appointed an Evaluation Committee (the "Committee") to review proposals received; and WHEREAS, on May 11, 2012, the Committee convened to shortlist proposers in accordance with the criteria set forth in the RFP. The results of the evaluation committee process resulted in the following ranking: 1. Team No11 i; 2. Lincoln Square; 3. Lanestar Partners; 4. Lincoln Road Development; and WHEREAS, at the October 3, 2012 Finance and Citywide Projects Committee ("FCWPC"), a discussion was had regarding a Sunshine Law issue raised by one of the proposers; following the discussion, the FCWPC recommended that the City "cure" any alleged violation by reconvening a new RFP evaluation committee to re-hear the proposers' presentations; and WHEREAS, at that time, the City was also becoming increasingly involved with the Miami Beach Convention Center District RFQ, with the result being that the City's limited resources and manpower were necessarily being directed toward that project; and WHEREAS, the RFP was placed on hold, with no further action taken; it has now been nearly two (2) years since the City received proposals in response to the RFP. 47 WHEREAS, the City Administration recommends that, as provided in the RFP, the City Commission exercise its right to cancel the RFP and reject all proposals received in response to the RFP for the following reason: 1. New Leadership. The City has experienced a significant change in leadershlp, both administrative and elected. The new leadership has not had an opportunity to weigh in on the requirements and scope of the RFP, including potential development options that may be considered in relation to the ongoing proposal renovation of the Convention Center; and 2. Changing Real Estate Market. The City's real estate market has experienced significant change and growth since the time the RFP was released. It may be prudent to re-evaluate the City's options at this time prior to proceeding with proposals that are nearly two (2) years old; and 3. Master Plan for the Lincoln Road District. The City is in the midst of releasing a solicitation for a Master Plan of the Lincoln Road District. The proposed Master Plan will incorporate the areas of Lincoln Road and north to 171h Street, thereby impacting the areas under the scope of the RFP. 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 exercises its right under the RFP to cancel the solicitation and reject all proposals received in response to Request for Proposals (RFP) No. 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 1 ?1h 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. PASSED AND ADOPTED this ___ day of ____ 2014. ATTEST: Rafael Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2014\February\Procurement\RFP 14-11-12 Lincoln Lane -REsolution.doc 48 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION i-1~<! Date 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 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 (AND INCLUDING THE CORRESPONDING AMENDMENT TO APPENDIX "A" THERTO), 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 WHEREAS, the City levies a three percent (3%) 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; and WHEREAS, operators of the aforementioned establishments are responsible for the collection and reporting of taxes collected at their premises; and WHEREAS, this tax is imposed on any rents, paid by a lessee or occupant, for rental periods shorter than six (6) months; and WHEREAS, 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; and WHEREAS, each operator is required to file a return for each tax period, even though no tax may be due; and WHEREAS, operators that do not traditionally have rental periods shorter than six months are required to file on an annual basis as opposed to a monthly return; and WHEREAS, annual returns are due May 20th of each year for the preceding tax period of May 1st through April 30th; and WHEREAS, 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; and WHEREAS, these penalties are capped at $500.00 per return; and WHEREAS, after reviewing the penalties in place, the City wishes to levy a more appropriate penalty and accordingly update Subsection 102-314 (f}, and Appendix A thereto, of the City Code; and WHEREAS, the City wishes to set the late reporting penalty for annual resort tax returns that are not timely filed and where no tax is due to the City. Agenda Item R~ J'.1 49 Date 2 ·/2-1'1 NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 102-314 (f) of the City Code, and the corresponding reference in Appendix "A" thereto, are hereby amended as follows: Sec. 102-314. Penalties and Interest (f) Reporting fee. Returns filed late where no tax is due will be charged a late reporting fee of $50.00. as specified in appendix A. Section 2. Repealer. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. Section 3. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention, and that the word "ordinance" may be changed to "section" or other appropriate word. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 5. Effective Date. This Ordinance shall take effect ten (10) days following adoption. PASSED and ADOPTED this __ day of----------' 2014. ATTEST: CITY CLERK First Reading: Second Reading: February 12, 2014 March_, 2014 Verified by: --------- Patricia Walker Chief Financial Officer Underscore denotes new language. Strikethrough denotes deleted language. (Sponsored by Commissioner Deede Weithorn) MAYOR APPROVED AS TO FORM & LANGUAGE & FO~ ~ECUTION T:IAGENDA\2014\FebruaryResort Tax Late Annual Returns Penalty-ORD 1st Read.docx 2 50 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 24, 2014. 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 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 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 Virgilio Fernandez, as the Fire Chief and Fire Marshal for the City of Miami Beach. IN/A Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 c 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Legislative Trackin Sylvia Crespo-Tabak, Human Resources Si n-Offs: Department Director SCT_-_1 T:\AGENDA\2014\February\V Fernandez\V Fernandez Summary.docx 51 Account Approved Agenda Item 87A Date 1.-/1..--IY tc:. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Mem City Commission DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MA OR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, 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 in our organization and have determined that it is in the City's best interest to reorganize the Fire Department by appointing a new Chief who will bring a fresh perspective to the organization. Chief Virgilio Fernandez 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 and 33 part-time lifeguards. Before joining Hollywood in 2005, he 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. This decision is not a criticism of Chief Otero's tenure. Rather, it is an action taken in line with the vision I have of what the department can achieve. Someone with the experience acquired at one of the finest departments in the state, will have a different perspective as we re-examine policies and procedures and implement new training and leadership development to move the department forward. Chief Fernandez also brings his training and experience as Fire Marshal at both Miami and Hollywood, which will help address the issues identified in our Fire Prevention Department over the years. The goal is to achieve the highest level of excellence in our Fire and Ocean Rescue services. 52 City Commission Memorandum -Consenting and Confirming Virgilio Fernandez Fire Chief and Marshal February 12, 2014 Page 2 of 2 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. Afterward, he will 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 continued 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~rida, effective February 24, 2014. JLM/?/SC-T/CMG t:\agenda\2014\february\v fernandezlv fernandez chief memo.docx 53 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF VIRGILIO FERNANDEZ AS THE FIRE CHIEF AND FIRE MARSHAL FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Virgilio Fernandez as the Fire Chief and Fire Marshal for the City of Miami Beach; and WHEREAS, pursuant to Article IV, Section 4.02, of the City of Miami Beach Charter, as well as Section 2-3 of the City Code, the City Manager has power to appoint directors of the City departments with the consent of the Mayor and the City Commission; and WHEREAS, the Mayor and the City Commission wish to consent to and confirm the appointment of Virgilio Fernandez as the Fire Chief and Fire Marshal for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, consent to and confirm the appointment of Virgilio Fernandez as the Fire Chief and Fire Marshal for the City of Miami Beach. PASSED and ADOPTED this __ day of _______ , 2014. PHILIP LEVINE, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK C:\Users\attomory\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\43SUIBVF\V Fernandez Resolution.docx 54 APPROVED AS TO FORM 8, L4.NGUAGE & FOR EXECUTION