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20140305 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive March 5, 2014 Mayor Philip Levine Vice-Mayor Micky Steinberg Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jimmy L. Morales City Attorney Jose Smith City Clerk Rafael E. Granado Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to the alternate meeting date, which will only be held if needed. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Call to Order-8:30a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 12:00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R7 Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests C4 Commission Committee Assignments R 10 City Attorney Reports C6 Commission Committee Reports C7 Resolutions Reports and Informational Items We are committed to providing excellent public 8ervice and safety to all who live, work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, March 5, 2014 Presentations and Awards Presentations and Awards Meeting will take place on March 12, 2014. CONSENT AGENDA Action: Moved: Seconded: Vote: C2 ~ Competitive Bid Reports C2A Request For Approval To Issue A Request For Proposals (RFP) For Medical Services Provider For Pre And Post-Employment Services. (Human Resources/Procurement) C28 Request Approval To Exercise Term Renewal Options On Contracts For Routine Operational Requirements. (Procurement) C2C Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2014-066 For HVAC Equipment, Installation, Parts And Services. (Property ManagemenUProcurement) C2D Request For Approva I To Award A Contract Pursuant To Invitation To Bid (ITB) 2014-069 For Light Poles, Fixtures And Bases. (Public Works/Procurement) C2E Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 2014-149- SR, For Fabrication And Installation Of Handrail System At The UNlOAD Building Terrace At North Shore Bandshell Park. (Capital Improvement Projects/Procurement) C2F Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 2014-093- SR, For The South Pointe Park Landscape Remediation Project. (Capital Improvement Projects/Procurement) C2G Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 2014-094- SR, For The Miami Beach Golf Course Drainage Remediation Project. (Capital Improvement Projects/Procurement) 2 2 Commission Agenda. March 5, 2014 C4-Commission Committee Assignments C4A Referral To The Land Use And Development Committee -Discussion On The Creation Of Overlay Districts For Strategic Areas Of The City. (Requested by Commissioner Joy Malakoff) C4B Referral To The Land Use And Development Committee-Telecommunications Ordinance. (City Attorney's Office) C4C Referral To The Finance And Citywide Projects Committee - A Discussion Regarding South Shore Community Center. (Tourism, Culture and Economic Development) C4D Referral To The March 21, 2014 Finance And Citywide Projects Committee -Discuss Financial Impact Of The Proposed Roadway Closure Applications For 87 Street And 87 Terrace Filed By 8701 Collins Development. (Requested by Commissioner Deede Weithorn) C4E Referral To The Planning Board -An Ordinance Amending The Code Of The City Of Miami Beach, Florida Amending Chapter 6, Entitled "Alcohol Beverages." (Requested by Mayor Philip Levine) C4F Referral To The Finance And Citywide Projects Committee Of A Discussion Regarding The Greater Miami Convention And Visitors Bureau lnterlocal Agreement. (Tourism, Culture And Economic Development) C4G Referral To The Land Use And Development Committee -Discuss Amending Sec. 106-55 Parking Rates, Fees And Penalties To Exempt Single Family Homes. (Requested by Vice-Mayor Micky Steinberg) C4H Referral To The Neighborhood/Community Affairs Committee -Discuss Prohibition On The Sale Of E-Cigarettes To Minors Within The City Of Miami Beach. (City Attorney's Office) C41 Referral To The Land Use And Development Committee -Discussion On The Preparation Of Form-Based Land Development Regulations. (Planning) 3 3 Commission Agenda, March 5, 2014 C6 -Commission Committee Reports C6A Report Of The Land Use And Development Committee Meeting Of February 19, 2014: 1) Discussion Regarding Revisions To City Code Chapter 54, Variance Requirements For Historic Properties. 2) Discussion For Consideration Of Establishing Acceptable Accessory Uses Permitting Restaurants In Contributing Historic Structures Within The RM~2 Cultural Arts Neighborhood Overlay District. 3) A. Discussion Regarding A Change To The Composition Of The Design Review Board To A Board Of Professionals. B. Discussion Regarding: 1. Amendment To City Code Section 2-459, To Provide For Limited Exception Permitting "Associates" Of City Agency Members To Lobby As Architects/Design Professionals Before A City Land Use Board; And Related Process For Amending Code Section 2-459; And 2. Streamlining City's Design Application Process By Amendment Of City's Laws To Permit Variance Requests Arising Out Of Projects Before Design Review Board And/Or Historic Preservation Board Be Heard By Those Boards, Rather Than Necessitating Applicant To File A Separate Variance Application To Board Of Adjustment; And Related Process For Laws' Amendments. 4) Discussion On A Code Amendment To The RM-3 Zoning District Setback Regulations For Detached Additions, Also Referred To As Cabana Structures, At Oceanfront Lots Located In The Miami Beach Architectural District, And For ADA Walkways And Ramp Structures In Side Yards. 5) Discussion On An Ordinance Amending The Land Development Regulations To Repeal Ordinance No. 2013-3799, Which Created An Additional Conditional Use To Permit Self-Storage In The C0-2 Zoning District Along The Alton Road Corridor. 6) Discussion On The Proposed Terminal Island Residential Project. 7) Discussion Regarding Changing The Level In Which A Commercial Building Is Built From Grade To Base Flood Elevation. C6B Report Of The Special Finance And Citywide Projects Committee Meeting On February 21, 2014: 1) Discussion Regarding A Possible Partnership Between The City Of Miami Beach And The Bicycle Action Committee (BAC) In An Effort To Promote Safety For Bicyclists. 2) Discussion Regarding The Proposal For A New Lease Between The Miami Beach Redevelopment Agency ("Landlord" Or "RDA") And Vacation Store, Inc., The Successor In Interest To The Existing Tenant, Vacation Tours Of South Beach, Inc. ("Tenant"), For The Use Of Suite "J" At The Anchor Shops, Located At 100 16th Street, Suite No.5, Miami Beach, Florida 33139 ("Space"), For An Initial Term Of Three (3) Years, Commencing On March 18, 2014 And Ending On March 17, 2017, With One (1) Renewal Option Of Three (3) Years, At The RDA's Sole And Absolute Discretion, Subject To And Pursuant To The Terms And Conditions Set Forth In The Agreement; And Further Including The Authority To Negotiate A Month To Month Tenancy With Tenant Until Such Time As A New Lease Is Executed For The Space Regarding TECO/Peoples Gas System, Inc. Franchise Agreement. 3) Discussion Regarding The Washington Avenue Pump Station For Funding Allocation. 4) Discussion On The Review And Recommendations For Improving The City's Procurement Code Completed By The National Institute For Public Procurement (NIGP). 5) Discussion Regarding Storm Water Future Bonds And Proposed Rates. 4 4 Commission Agenda, March 5, 2014 C7 -Resolutions C7 A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The Following Actions: 1) Submit A Grant Application To Florida Inland Navigation District In The Approximate Amount Of $1,000,000 For The Construction Of Normandy Shores Park Seawall; 2) Submit A Grant Application To Florida Inland Navigation District In The Approximate Amount Of $1,000,000 For The Construction Of Indian Creek Park Seawall; 3) Submit A Grant Application To Florida Inland Navigation District In The Approximate Amount Of $500,000 For The Construction Of Muss Park Seawall And Kayak Launch; 4) Submit A Grant Application To The Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program, In The Approximate Amount Of $1,000,000 For Funding For Emergency Generators, And, Further, Retroactively Approving The Following: 5) Submittal Of A Grant Application To The National Football League Foundation Grassroots Program And Local Initiatives Support Corporation (USC) For Funding In The Approximate Amount Of $200,000 For The Renovation Of Flamingo Park Practice Field; Appropriating The Above Grants, Funding Requests, Matching Funds, And City Expenses, If Approved And Accepted By The City, And Authorizing The Execution Of All Necessary Documents Related To The Aforestated Applications, Including, Without Limitation, Audits, And Authorizing The City Manager Or His Designee To Take All Necessary Actions Related To These Grants And Funding Requests. (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For Proposals (RFP) No. 2014-001, For An Electronic Agenda System. (City Clerk/Procurement) C7C A Resolution Authorizing An Amendment To The Professional Services Agreement With Walker Parking Consultants, Inc., To Perform A Parking Demand Analysis For Certain Areas In North Beach (Phase Six), In An Amount Not To Exceed $28,000. (Parking) C7D A Resolution Accepting The Donation Of $4,750 From Mr. David Wallach And $4,750 From Mr. Richard Shultz For A Total Of $9,500 To Purchase A Specially Trained Canine To Be Utilized By The Miami Beach Police Department's Operations Division Canine Squad, For The Detection, Tracking, Apprehension, And Arrest Of Subjects Involved In Criminal Activity. (Police Department) C7E A Resolution Approving And Authorizing The City Manager, Or His Designee, To Utilize Florida Department Of Transportation Contract Number C-9D06, For Major Event Traffic Monitoring Services Through May 2014; And Waiving By 5/7th Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City. (Public Works) 5 5 Commission Agenda, March 5, 2014 C7 -Resolutions (Continued) C7F A Resolution Authorizing The City Manager To Issue A Request For Proposals (RFP) For Eligible Public Service, Housing, And Capital Activities To Be Funded From The City Of Miami Beach Fiscal Year 2014/2015 Community Development Block Grant (CDBG) And Home Investment Partnership (HOME) Entitlement Allocations From The U.S. Department Of Housing And Urban Development (HUD). (Real Estate, Housing, & Community Development) C7G A Resolution Urging The Governor And Legislature Of The State Of Florida To Enhance The Florida Film & Entertainment Industry Financial Incentive Program With Additional Tax Credits. (Tourism, Culture & Economic Development) C7H A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And Establishing Criteria For Special Event Fee Waiver Requests Considered By The Mayor And City Commission. (Tourism, Culture & Economic Development) C71 A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And Retroactively Waiving Additional Block Party Fees In The Amount Of $827.60 For Miami Beach Gay Pride 2013. (Tourism, Culture & Economic Development) C7 J A Resolution Waiving Special Event Fees Of Approximately $17,000 For Miami Beach Gay Pride 2014. (Tourism, Culture & Economic Development) C7K A Resolution Appointing The Mayor As The Chair Of The Miami Beach Redevelopment Agency (RDA) And The Vice-Mayor As The Vice Chair Of The Miami Beach Redevelopment Agency. (Tourism, Culture & Economic Development) C7L A Resolution Consenting To A Settlement Of A Personal Injury Claim Filed By Lorraine Simkowitz Against The City Of Miami Beach, And Paying $120,000.00 From The City's Risk Management Fund Pursuant To Florida Statute §768.28; And Further Authorizing The Execution By The Office Of Risk Management Of Any And All Settlement Documents. (Human Resources) C7M A Resolution Approving The City's 2014/15 Federal Legislative Agenda. (City Manager's Office) (Memorandum to be Submitted in Supplemental) 6 6 Commission Agenda, March 5, 2014 C7 -Resolutions (Continued) C7N A Resolution In Support Of The City's Water Project Funding Requests For The Governor's Fiscal Year (FY) 2014/15 Budget. (Budget And Performance Improvement) (Memorandum to be Submitted in Supplemental) End of Consent Agenda 7 7 Commission Agenda, March 5, 2014 REGULAR AGENDA R2 ~ Competitive Bid Reports R2A Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 2014-086- SR, For Citywide High Tide Mitigation Project. (Public Works/Procurement) R5 -Ordinances R5A 4000 Alton Road -Talmudic University FLUM Amendment And Zoning Map Change 1. Talmudic Site -FLUM Change An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current ROS, "Recreation And Open Space," To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) (Continued from January 15, 2014) 2. Talmudic Site -Zoning Map Change An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Classification For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification GU, "Government Use District," To The Proposed Zoning Classification RM-2, "Residential Multi-Family Medium Intensity," Providing For Codification, Repealer, Severability And An Effective Date. 10:10 a.m. Second Reading Public Hearing (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) (First Reading on January 15, 2014) 8 8 Commission Agenda, March 5, 2014 R5 -Ordinances (Continued) R5B Alton Road Historic District Buffer Overlay An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Creating Division 8 "Alton Road -Historic District Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. 10:25 a.m. Second Reading Public Hearing (Sponsored by the Land Use & Development Committee/Requested by City Commission) (Legislative Tracking: Planning Department) (First Reading Public Hearing on February 12, 2014) R5C Building Department Permit Fees An Ordinance Amending Chapter 14 Of The City Code, Entitled "Building Regulations," By Amending Article II, Entitled "Construction Standards," By Amending Division 2, Entitled "Permit Fees," By Amending The Following Sections Therein, To Wit: Section 14-61, Entitled "Permit Fees, Generally"; Section 14-62, Entitled "Building Permits"; Section 14-63, Entitled "Plumbing Permits"; Section 14-64, Entitled "Electrical Permits"; Section 14-65, Entitled "Mechanical Permits"; Section 14-66, Entitled "Annual Facility Permit"; Section 14-67, Entitled "Forty-Year Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign"; Section 14- 70, Entitled "General Information"; Section 14-71, Entitled "Temporary Structure"; To Provide For Express Permits, Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efficient, Effective, And Transparent Way To Assess Fees For Building Permit Services, And By Amending Corresponding Portions Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees," Relating To Building, Plumbing, Electrical, And Mechanical Work, And Other Building Department Activities; Providing For Repealer, Severability, Codification, And An Effective Date. 10:40 a.m. Second Reading Public Hearing R5D Resort Tax Ordinance (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Building) (First Reading on February 12, 2014) 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. 10:50 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Finance Department) (First Reading on February 12, 2014) 9 9 Commission Agenda, March 5, 2014 RS-Ordinances (Continued) R5E An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Section 2-27, Entitled "Reserved," To Create A 5/?th Vote Requirement For The Creation Of Agencies, Boards And Committees; Providing Exceptions Thereto; And Providing For Repealer, Severability, Codification, And An Effective Date. 11:00 a.m. Second Reading Public Hearing (Sponsored By Commissioner Deede Weithorn) (Legislative Tracking: City Attorney's Office) (First Reading on February 12, 2014) R5F Fire And Police Pension Ordinance An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And Fire Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8 (FOP); Implementing Recommendations Of The Budget Advisory Committee, A Memorandum Of Understanding And Other Changes; Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of Liability; Use And Investment Of Fund"; "Service Record"; And Amending Section 66 Entitled "Service And Disability Benefits Generally"; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Date. 11:10 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on February 12, 2014) R5G RM-2 Hotel Office Uses An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142-212, "Main Permitted Uses," To Expand The Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue; Providing For Repealer; Severability; Codification; And An Effective Date. 11:30 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Planning) (First Reading Public Hearing on February 12, 2014) R5H RM-2 Accessory Office Uses For Bay Front Apartments An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District Regulations", Division 3 "Residential Multifamily Districts", Subdivision IV "Residential Multifamily, Medium Intensity," Section 142-213, "Conditional Uses," To Expand The Conditional Uses In The RM-2 District To Include Certain Types Of Non-Medical Office Uses For Bay Front Apartment Buildings; Providing For Repealer; Severability; Codification; And An Effective Date. 11:40 a.m. First Reading, Public Hearing (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) 10 10 Commission Agenda, March 5, 2014 RS-Ordinances (Continued) R51 Minimum Unit Sizes For Historic Hotels In Commercial Districts An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations", Article II, "District Regulations", Section 142~306, "Development Regulations" To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The CD~2 District; And By Amending Section 142-337, "Development Regulations And Area Requirements" To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The CD-3 District; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) R5J Boat Docks And Marine Structures An Ordinance Amending Chapter 66, "Marine Structures, Facilities And Vehicles," Article IV, "Vessels," Section 66-113, "Limitation On Projection Of Structures; Public Hearing," And Chapter 142, "Zoning Districts And Regulations," Section 142-1132, "Allowable Encroachments Within Required Yards," Modifying The Procedures For Approval Of Docks That Extend Beyond The Permitted Distance Into A Waterbody; Providing For Repealer; Codification; Severability And An Effective Date. First Reading (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) R5K Prohibit Advertisement Of Short Term Rentals/Commercial Use In Residential Zoning Districts An Ordinance Amending The Code Of The City Of Miami Beach, Subpart B, Entitled "Land Development Regulations," Of Chapter 142, Entitled "Zoning Districts And Regulations," By Amending Article II, Entitled "District Regulations," By Amending Division 2, Entitled "RS-1, RS~2, RS-3, RS-4 Single-Family Residential Districts," By Amending Section 142-109, Entitled "Commercial Use Of Single-Family Homes Prohibited," By Amending The Definitions Therein, And By Adding New Subsection (c)(1 )d, Which Prohibits Advertising Of Unlawful Occupancy And Use; By Amending Subsection (c)(2), Which Removes The Limitations On Enforcement; By Amending Article IV, Entitled "Supplementary District Regulations," By Amending Division 2, Entitled "Accessory Uses"; By Amending Section 142-905, Entitled "Permitted Accessory Uses In Single-Family Districts," By Adding New Subsection (b)(5)a Which Prohibits The Advertisement For The Lease Of Single Family Homes For Less Than Six Months And One Day, By Adding New Subsection (b)(5)b, Which Provides The Enforcement For A Violation Of Section (b)(5); By Amending Article IV, Entitled "Supplementary District Regulations," By Amending Division 3, Entitled "Supplementary Use Regulations," By Amending Section 142-1111, Entitled "Short-Term Rental Of Apartment Units Or Townhomes," By Amending Section (A) To Prohibit The Advertisement Of Short Term Rental Of Apartments Units Or Townhomes; And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Sponsored by Commissioner Edward L. Tobin) (Legislative Tracking: Planning) 11 11 Commission Agenda, March 5, 2014 RS -Ordinances (Continued) R5L An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including December 31, 2014; Providing For Repealer; Severability; Codification; And An Effective Date. First Reading (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Parks & Recreation) R5M An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 30, Entitled "Code Enforcement," By Amending Article Ill, Entitled "Enforcement Procedure," By Amending Section 30-77, Enthled "Appeals," By Creating A Uniform Appellate Process For Appeals Of City Code Violations To The Special Master, And Providing Appeal Requirements And Penalties For Non-Compliance; By Amending Chapter 46, Entitled "Environment," By Amending Article Ill, Entitled "Utter," And Article IV, Entitled "Noise," By Amending Sections 46-92 And 46-159, Respectively, To Incorporate The New Special Master Appellate Procedures Set Forth In Section 30-77(A); By Amending Chapter 70, Entitled "Miscellaneous Offenses," By Amending Article Ill, Entitled "Graffiti," By Amending Section 70-123 To Incorporate The New Special Master Appellate Procedures Set Forth In Section 30-77(A); And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Sponsored by the Neighborhood/Community Affairs Committee) (Legislative Tracking: City Attorney's Office) R5N RM-2 Oceanfront Height Regulations An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 3 "Residential Multifamily Districts" By Amending Section 142-217 Regarding Maximum Building Height And Maximum Number Of Stories For Oceanfront Lots With A Property Line Within 250 Feet Of North Shore Open Space Park; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored by Commissioner Jonah Wolfson) (Legislative Tracking: Planning) R50 RM-3 Oceanfront Setbacks for Detached Structures and ADA Walkways An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 3 "Residential Multifamily Districts" By Amending Section 142-247, "Setback Requirements," Regarding Setback Requirements For Detached Additions In Oceanfront Lots Located Within The Miami Beach Architectural District; By Amending Chapter 142, "Zoning Districts And Regulations," Article IV, "Supplementary District Regulations," Division 4 "Supplementary Yard Regulations," Section 142- 1132, "Allowable Encroachments In Required Yards," Regarding Americans With Disabilities Act (ADA) Walkways And Ramp Structures With Awnings In Side Yards; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) 12 12 Commission Agenda, March 5, 2014 R5-Ordinances (Continued) R5P An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "Miscellaneous Offenses," By Amending Article II, Entitled "Public Places" To Prohibit Motorized Means Of Transportation On The Beachwalk Between 15th To 23rd Streets; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Sponsored by Commissioner Jonah Wolfson) (Legislative Tracking: City Attorney's Office) R7 -Resolutions R7 A A Resolution Adopting The Third Amendment To The Capital Budget For Fiscal Year (FY) 2013/14. 11:20 a.m. Public Hearing (Budget & Performance Improvement) R7B A Resolution Adopting The 2014 Update To The Key Intended Outcomes In The City Of Miami Beach's Strategic Plan; And Guiding The Design Of Programs And Services As Set Forth Herein. (City Manager's Office) R7C A Resolution Setting A Public Hearing On April 23, 2014 To Adopt The Second Amendment To The General Fund, Enterprise Fund, Internal Service Fund And Special Revenue Fund Budgets For Fiscal Year (FY) 2013/2014. (Budget & Performance Improvement) R7D A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Guaranteed Maximum Price (GMP) Amendment No. 1 To The Pre-Construction Services Agreement With Thornton Construction Company, Inc., Dated September 16, 2013, For Construction Management At Risk Services For The Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs, And Building Renovations Project, In The Amount Of $1,175,220 Plus A Five Percent Owner's Contingency In The Amount Of $58,761; For A Grand Total Amount Of $1,233,981 With Previously Appropriated Funding In The Amount Of $213,849 From Fund 383 GO Bonds-Parks And Beaches; And $1,020,132 From Fund 302 Pay-As-You-GO. (Capital Improvement Projects) R7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3 To The Existing Professional Services Agreement Between The City Of Miami Beach And Schwebke-Shiskin & Associates, Inc. For Re-Design And Permitting Phase Services Associated With The Enhanced Stormwater Criteria For The Venetian Islands Bid Package 13C Right-Of- Way Neighborhood Improvement Project; In The Negotiated Not-To-Exceed Amount Of $192,814 Plus An Amount Of $9,000 For Reimbursables; For A Total Amount Of $201 ,814; With Previously Appropriated Funding. (Capital Improvement Projects) 13 13 Commission Agenda, March 5, 2014 R7-Resolutions (Continued) R7F A Resolution Waiving, By 5/?ths Vote, Competitive Bidding, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Negotiate An Agreement For The Management And Operation Of The City's Flamingo And North Shore Park Tennis Centers With Miami Beach Tennis Management, LLC And, If Successful, Further Authorizing The City Manager To Bring The Final Negotiated Agreement Back To The City Commission For Approval. (Parks & Recreation) R9-New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A1 Board And Committee Appointments-City Commission At-Large Appointments. (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (8:30a.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (1 :00 p.m.) R9C Discussion On Reaffirming The Past Resolution Against Gambling On Miami Beach To Assure It Is Maintained In Full Force And Effect. (Requested by Commissioner Jonah Wolfson) R9D Discussion Regarding Negotiating With Gateway Development, Inc., For The Purpose Of Purchasing The Property Located At 1100 5th Street, Miami Beach, Florida 33139, For The Future Development Of An lntermodal Facility. (Tourism, Culture & Economic Development) R9E Discussion And Referral To Neighborhood/Community Affairs Committee -The $15 Flat Rate Parking Fee During Events At The City Hall Parking Garage Located At 17th Street And Meridian. (Requested by Commissioner Deede Weithorn) R9F Discussion Regarding The Miami Beach Centennial Celebration. (Requested by Vice-Mayor Micky Steinberg) R9G Discussion Regarding A Resolution Urging The Florida Legislature To Reject Any And All Expansions Of Gambling, Including Legislation To Legalize "Destination Casinos" In Florida. (Requested by Mayor Philip Levine) 14 14 Commission Agenda, March 5, 2014 R9 • New Business and Commission Requests (Continued) R9H Discussion Regarding Commercial Vehicles Blocking Lanes; On The Following Streets: Washington Avenue, Collins Avenue, Ocean Drive, And West Avenue; Enforcement And Long- Term Solutions. (Requested by Commissioner Michael Grieco) R91 Discussion Regarding Providing Fire Service To Indian Creek Island. (Requested by Commissioner Edward L. Tobin) R9J Discussion Regarding The Alton Road Medians. (Requested by Commissioner Edward L. Tobin) R9K Discussion Regarding CIBO Restaurant Project Located On South Pointe Drive. (Requested by Commissioner Michael Grieco) R9L Discussion Regarding An Ordinance To Prohibit The Sale Of E-Cigarettes To Minors Or By Vending Machines Within The City Of Miami Beach. (Requested by Vice-Mayor Micky Steinberg) R10-City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) Reports and Informational Items 1. Reports and Informational Items (see LTC 062-2014). 2. List of Projects Covered by the Cone of Silence Ordinance -LTC. (Procurement) 3. Report From Commission Committees Of Withdrawn Items Not Heard Within (6) Six Months From Their Referral Date. (City Clerk's Office) End of Regular Agenda 15 15 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV, AND ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 8:30 A.M. GENERALLY THE CITY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 8:30a.m. and 1 :00 p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adjournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV, and posted at City Hall. Approximately thirty (30) minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff. "Requests for Agenda Consideration" will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s) listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone 305-673-7 411, before 5:00 p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not tile matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. F:\CLER\$ALL\LILIA\AGENDA\sutnick v22.doc 16 2014 Schedule of City of Miami Beach City Commission/Redevelopment Agency (RDA) Meetings and the Presentations & Awards Meetings The City Commission/RDA meetings will begin at 8:30a.m., and the Presentation & Awards meetings will begin at 5:00 p.m. All meetings will be held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Commission/RDA Meetings Presentations & Awards Meetings January 15 (Wednesday) January 22 (Wednesday) February 12 (Wednesday) February 26 (Wednesday) March 5 (Wednesday) March 12 (Wednesday) April23 (Wednesday) April30 (Wednesday) May 21 (Wednesday) May28 (Wednesday) June 11 (Wednesday) No Meetings July 23 (Wednesday) July 30 (Wednesday) August -City Commission/RDA in recess September 1 0 (Wednesday) September 17 (Wednesday) October 22 (Wednesday) October 29 (Wednesday) November 19 (Wednesday) November 20 (Thursday) December 17 (Wednesday) December 18 (Thursday) F:\CLER\$ALL\a City Commission\2014 Schedule of City of Miami Beach.docx 17 CITY CLERK'S OFFICE LOBBYIST LIST March 5, 2014 Commission Meeting R7E Waive Bid/Negotiate Agmt w/ Miami Beach Tennis Management. LLC David Custin Wayne Pathman F:\CLER\COMMON\2014\03052014\LOBBYIST LIST.Docx 18 --··-··--·--- COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS {RFP) FOR A MEDICAL SERVICES PROVIDER FOR PRE AND POST-EMPLOYMENT SERVICES. N/A Item Summa /Recommendation: The City currently utilizes the services of a medical services provider to perform pre-employment physical examinations and post-employment drug and alcohol testing, fitness for duty evaluations, and administer vaccines. To continue services upon the expiration of the current agreement, the City needs to release an Request for Proposal (RFP) to seek proposals from qualified parties. The selected provider will provide a medical doctor licensed to practice in the State of Florida and with the credentials to serve not only as the City physician but also as the Medical Review Office for the City's pre-employment, random and reasonable suspicion drug and alcohol testing programs. The provider will deliver other medical services as required by the City. The City anticipates selecting one service provider to perform the requested services. However, the City reserves the right to select additional providers if it is deemed to be in the best interest of the City. The attached RFP contains a detailed description of the scope of services and evaluation criteria. RECOMMENDATION Approve issuance of the RFP. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: N/A Total Financial Impact Summary: N I A Cit Clerk's Office Le islative Trackin Account N/A Alex Denis, Ext. 7 490 -~----~----------------------------------~~ Si n~Offs: Department Dir Assistant Cit KGB T:\AGENDA\20 14\March\Procurement\Request to Issue RFP 2014-127 -LR Medical Services for Pre Post-Employment Services SUMMARY.doc MIAMI BEACH 20 AGENDA ITEM C.:< A DATE ,!rS:/lf MIAMI BEACH City of Miami Beach, 1700 ConYention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.goY COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR MEDICAL SERVICES PROVIDER FOR PRE AND POST-EMPLOYMENT SERVICES ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFP. BACKGROUND The City currently utilizes the services of a medical services provider to perform pre- employment physical examinations and post-employment drug and alcohol testing, fitness for duty evaluations, and administer vaccines. To continue services upon the expiration of the current agreement, the City needs to release an Request for Proposal (RFP) to seek proposals from qualified parties. The selected provider will provide a medical doctor licensed to practice in the State of Florida and with the credentials to serve not only as the City physician but also as the Medical Review Office for the City's pre-employment, random and reasonable suspicion drug and alcohol testing programs. The provider will deliver other medical services as required by the City. The City anticipates selecting one service provider to perform the requested services. However, the City reserves the right to select additional providers if it is deemed to be in the best interest of the City. The attached RFP contains a detailed description of the scope of services and evaluation criteria. MAJOR RFP REQUIREMENTS 1. MINIMUM QUALIFICATIONS Please Reference Appendix C, Minimum Requirements and Specifications, RFP 2014- 127-LR, for Medical Services Provider(s). 2. SUBMITTAL REQUIREMENTS Please Reference Section 0300, Proposal Submittal Instructions and Format, RFQ 2014- 127-LR, for Medical Services Provider(s). 3. CRITERIA FOR EVALUATION Please Reference Section 0400, Evaluation I Selection Process, RFP 2014-127-LR, for Medical Services Provider(s). 21 RFP • Medical Services Provider for Pre and Post-Employment Services March 5, 2014 Page 2 of2 CONCLUSION The Administration recommends that the Mayor and City Commission authorize the issuance of RFP 2014-127-LR for a Medical Services Provider(s) for Pre and Post- Employment Services. ATTACHMENTS RFP 2014-127 -LR for Medical Services Provider for Pre and Post-Employment Services. JLM~SCT/AD T:\AGENDA\2014\March\Procurement\Request to Issue RFP 2014-127-LR Medical Services for Pre and Post-Employment SeNices MEMO.doc 22 REQUEST FOR PROPOSALS (RFP) TITLE: MEDICAL SERVICES FOR PRE AND POST-EMPLOYMENT SERVICES SOLICITATION No. 2014-127-LR RFP ISSUANCE DATE: MARCH 6, 2014 PROPOSAL DUE DATE: APRIL 4, 2014@ 3:00PM ISSUED BY: LOURDES RODRIGUEZ (9 MIAMI BEACH Lourdes Rodriguez, CPPB, Procurement Coordinator DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x6263 I Fax: 786.373.40031 www.miamibeachfl.gov 23 ~ MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ........................................................................................................ N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ................................ 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT .................................................................. 7 0400 PROPOSAL EVALUATION ......................................................................................... 9 APPENrnCES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........... . APPENDIX B "NO PROPOSAL" FORM ............................................................................... . APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ...................................... .. APPENDIX D SPECIAL CONDITIONS ............................................................................... .. APPENDIX E COST PROPOSAL FORM ............................................................................ .. APPENDIX F INSURANCE REQUIREMENTS .................................................................... . RFP 20 14-1 27-LR 2 24 lEl MIAtv\1 BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the proposers and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. Through this Request for Proposals, the City of Miami Beach, Florida (the "City") seeks proposals from parties interested in providing the City with medical services as further detailed herein. The City has a need to establish an agreement with a medical services provider to perform pre-employment physical examinations, drug and alcohol testing, fitness for duty evaluations, and administer vaccines. The City seeks to retain the highest quality services available. The selected provider will provide a medical doctor licensed to practice in the State of Florida and with the credentials to serve not only as the City physician but also as the Medical Review Officer, as defined in the U.S. Department of Transportation (DOT), Title 40, Code of Federal Regulations (CFR), Part 40. The provider will deliver other medical services as required by the City and local, state and federal laws. The selected provider will also retain all related medical records. The City anticipates selecting one service provider to perform the requested services. However, the City reserves the right to select additional providers if it is deemed to be in the best interest of the City. 3 SOLICITATION TIMETABLE The tentative schedule for this solicitation is as follows· Solicitation Issued March 6, 2014 Pre-Submittal Meeting March 20, 2014 Deadline for Receipt of Questions March 24, 2014 Responses Due April 4, 2014 Evaluation Committee Review TBD Respondent Presentations TBD Tentative Commission Approval Authorizing May 2014 Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaeiGranado@miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days RFP 2014-1 27-LR 3 25 (g MIAMI BEACH prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective proposers in the form of an addendum. Procurement Contact: Telephone: LOURDES RODRIGUEZ 305-673-7000, Extension 6652 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. The details of pre-submittal meeting or site visit(s), if necessary, will be noted in Appendix B, Minimum Requirements and Specifications. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the ucone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientiD=13097&stateiD=9&statename=Fiorida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http ://web. miamibeachfl .gov/procurement/scroll. aspx?id=2351 0 • CONE OF SILENCE ................................................................... . • PROTEST PROCEDURES ........................................................ .. • DEBARMENT PROCEEDINGS .......................................... .. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES ................. . • CAMPAIGN CONTRIBUTIONS BY VENDORS...... . ............. .. • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES .................................................................................... . • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS ................................... .. • LIVING WAGE REQUIREMENT... ................................................ .. • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS ........ . • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES ........................... . • FALSE CLAIMS ORDINANCE .................................................... . • ACCEPTANCE OF GIFTS, FAVORS & SERVICES ........................... .. CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CITY CODE SECTION 2-373 CITY CODE SECTIONS 2-407 THROUGH 2-410 CITY CODE SECTION 2-372 CITY CODE SECTION 2-374 CITY CODE SECTION 70-300 CITY CODE SECTION 2-449 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective proposers. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal due date in accordance with City Code Section 2-371, which establishes procedures for protested bids and proposed RFP 2014-l 27-LR 4 26 ~ MIAMI BEACH awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3747, a five (5) point preference will be given to a responsive and responsible Miami Beach-based proposer. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a five (5) point preference to a responsive and responsible proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise. 13. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the proposer to perform the contract. (2) Whether the proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation. judgment, experience and efficiency of the proposer. {4) The quality of performance of previous contracts. {5) The previous and existing compliance by the proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. 14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one- hundred twenty (120) calendar days after proposals opening date. A proposer may not withdraw its proposals unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening. 15. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 16. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 17. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or RFP 20 14-1 27-LR 5 27 ~ MIAMI BEACH agents of the City. 18. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 19. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 20. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. 21. PATENTS & ROYAL TIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 22. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 24. ANTI-DISCRIMINATION. The proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. RFP 20 14-1 27-LR 6 28 ~ MIAMI BEACH 25. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 26. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 27. LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 28. OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 29. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 30. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The proposer's proposal in response to the solicitation. RFP 26 14-1 27-LR 7 29 (9 MIAMI BEACH 31. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1 ), Florida Statutes, 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 bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 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. 34. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 35. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). RFP 20 14-1 27-LR 8 30 ~ MIAMI BEACH 36. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. Balance of Page Intentionally Left Blank RFP 2o 14-1 2l-lR 9 31 ~ !V\IAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal {preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, ten (1 0} bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: solicitation number, solicitation title, proposer name, proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Proposals are to be received on or before the due date established herein for the receipt of Proposals. Any Proposal received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non- responsive and will not be considered. TAB 1 Cover Letter & Minimum Qualifications Re uirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in A endix C, Minimum Requirements and S ecifications. TAB2 Experience & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email, and year(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. 2.3 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https :1/su pp I ierporta l.dn b .com/webapp/wcs/stores/servlet/5 u pplierPortal ?storeld= 11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. RFP 20 14-1 27-LR 10 32 (9 MIAMI BEACH TAB3 Scope of Services Proposed, Approach and Methodolo Submit detailed information addressing how proposer will achieve each portion of the scope of services and technical requirements outlined in Appendix C, Minimum Requirements and Specifications. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a fully review and score the proposed scope of services. TAB4 Approach and Methodolo y Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, hasin options, testin and risk miti ation options for assurin pro·ect is implemented on time and within budget. Note: After proposal submittal, the City reserves the right to require additional information from proposers (or proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RFP 2614-1 27-LR l I 33 ~ /v\IAMI BEACH SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may: • review and score all proposals received, with or without conducting interview sessions; or • review all proposals received and short-list one or more proposers to be further considered during subsequent interview session(s) (using the same criteria). Step 1 · Qualitative Criteria Maximum Points Proposer Experience and Qualifications, including Financial Capability Scope of Services Proposed 40 20 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the proposers may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2 · Quantitative Criteria Cost Proposal 20 Miami Beach-Based Vendor Preference 5 5 Veterans Preference TOTAL AVAILABLE STEP 2 POINTS 30 4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Cost Vendor Vendor Example Maximum Formula for Calculating Points Total Cost Allowable Points (lowest cost I cost of proposal Points Proposal (Points noted are for being evaluated X maximum Awarded illustrative purposes only. allowable points = awarded Actual points are noted above.) points) Round to Vendor A $100.00 20 $100 I $100 X 20 = 20 20 VendorB $150.00 20 $100 I $150 X 20 = 13 13 Vendor C $200.00 20 $100 I $200 X 20 = 10 10 RFP 20 14-1 27-LR 12 34 ~ MIAMI BEACH 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to ran kings in accordance with the example below: RFP 20 14-1 27-LR Proposer A Proposer B Proposer C * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. 35 l 3 APPENDIX A ~ MIAMI BEACH Proposal Certification, Questionnaire & Requirements Affidavit RFP 2014-127-LR MEDICAL SERVICES 36 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 Solicitation No: Solicitation Title: RFP 2014-127-LR MEDICAL SERVICES Procurement Contact: Tel: LOURDES RODRIGUEZ 305-673-7490, x6652 I Email: LourdesRodriguez@MiamiBeachFL.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: I No of Years in Business Locally: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: I ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: I ZIP CODE: 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 r1ght to seek addlbonal1nformat1on from proposer or other source(s), mclud1ng but not hm1ted to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. 37 Miami Beach RFP2014-l27LR Appendix A-Page 1 1. Miami Beach Based (Loct) Veldor. Is proposer claiming Miami Beach based firm status? YES [=:J NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, to demonstrate thai the Proposer is a Miami Beach Based Vendor. 2. Veteran Owned Business. Is proposer claiming a veteran owned business status? c=J YES c=:J NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 3. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose 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. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 4. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4} Telephone, 5} Contact's Email and 6) Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to 1 non·prormance by ~lie sector agency? YES L___j NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not 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 Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfi.gov/procurement'. 38 Miami Beach Miami Beach RFP 2014-127-LR Appendix A-Page 2 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be f1scally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procuremenU. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 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? c=J YES c:=J NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? CJ YES c=J NO c. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage} you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached} with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is 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 entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or 39 Miami Beach RFP 2014-127-LR Appendix A -Page 3 replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 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 proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's a-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 2 Addendum 7 Addendum 3 Addendum 8 Addendum 4 Addendum 9 Addendum 5 Addendum 10 . . If addrtronal confirmatron of addendum is required, submit under separate cover . 40 Addendum 11 Addendum 12 Addendum 13 Addendum 14 Addendum 15 Miami Beach RFP 2014-127-LR Appendix A-Page 4 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors. shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. AI that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 41 Miami Beach RFP 2014-127-LR Appendix A-Page 5 PROPOSER CERTIFICATION I hereby certify that I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Pro osal Certification, Questionnaire and Re uirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA On this ~day of , 20_, personally appeared before me who County of ) stated that (s)he is the ____ _ of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: ______ _ 42 Miami Beach RFP 2014-127 LR Appendix A -Page 6 APPENDIX B ''No Bid'' Form RFP 2014-127-LR MEDICAL SERVICES PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 ~. . . . .. Note: It is important for those vendors who have received notification of Jhissolicitgtion 9ut b,gye d,~cid~d nqt .to r~spond, to complete ond Sl.Jbrnit ·the attached "Staternenfof No Bid." The "Statement of No Bid" provide's the.hfity .\Nith joforrr)otioq. on )')ow. jo irr)proy~ thE:r solisitatign prsces~, Failure to submit a "Statement of Ng Bid"· may result in not being notifieq of futl.Jre solicitotions by the City. 43 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to bid _Insufficient time to respond _ Specifications unclear or too restrictive _Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do _ do not_ want to be retained on your mailing list for future bids of this type product and/or service. Signature: _____________________ _ Title: ______________________ _ Legal Company Name: ________________ _ Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: Lourdes Rodriguez PROPOSAL #2014-127-LR 1700 Convention Center Drive MIAMI BEACH, FL 33139 44 Miami Beach RFP 2014-127-LR Appendix B-Page 1 APPENDIX C ~ MIAMI EACH Minimum Requirements & Specifications RFP 2014-127-LR MEDICAL SERVICES 45 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed nan-responsive and will not be considered. A. Proposer shall document at least five (5) years providing services similar to those noted herein to at least one (1) public sector agency, state, county or municipal government. B. The provider shall have at least one facility within the City of Miami Beach. C. Services must be available 7 days a week, 24 hours a day, 365 days a year. C2. SCOPE OF SERVICES REQUIREMENTS. The City requires that the selected provider, at a minimum, provide the following services: A. GENERAL 1. The provider will order and review results of • laboratory tests, x-rays, and other diagnostic tests or reports from other health care providers; • make recommendations as needed, if any, based on the standard of care in the community and specific work related circumstances; • review and make recommendations to the patient or the City, as appropriate, regarding medical problems including, but not limited to: • contagious diseases, • clearances to return to work from sick leave, • on-duty injuries, • disability, and • other medical issues as required • provide reports and medical opinions when applicable; and • counsel City employees and job applicants about personal medical conditions and refer them for appropriate follow-up care when indicated. 2. The provider will supply the City with a primary contact or Project Manager who will be assigned to address all questions and concerns of the City. This contact will be available for pre-employment issues during normal business hours, Monday through Friday, 8:00 AM through 5:00 PM. 3. A back-up contact will be designated in case the Project Manager is unavailable. The designated back-up will be fully informed of all issues in all areas. All other staff providing services under this contract will be properly informed and trained on procedures, forms, changes and requirements. Any special instructions will be communicated to all staff. 4. All medical evaluation results will be reported to the City of Miami Beach Human Resources Department within in forty-eight (48) hours from the time the applicant and/or employee is first seen, test results or additional information received by the provider. 5. All services will be available seven (7) days a week, twenty-four (24) hours a day. The actual service hours are subject to negotiation. 46 6. The City of Miami Beach will have the ability to schedule same day or next day appointments with the provider for all services, if necessary. 7. The provider will offer convenient parking at no cost to applicants, employees, or the City for individuals referred to the facility. 8. The provider will set up and utilize an electronic mail system compatible with the City's. If requested by the City, all reports and other necessary communication will be through this system. 9. The provider will use City forms where required. The provider will review their own forms with the City and allow for changes, as needed. 10. The provider will assure that instruction, changes, and transfer of information and documents will be only with those individuals designated by the City of Miami Beach Human Resources Director. 11. Immediate notification will be made to designated City staff of "no-shows" or any problems with an individual's cooperation or compliance. 12. The provider will give applicants deadlines for follow-up as needed and as called for by City policy. 13. Individuals referred to the provider for reasonable suspicion or post-accident alcohol and/or drug testing must nat have a waiting time that exceeds thirty (30) minutes. 14. The provider will assure confidentiality of all records, information and correspondence, verbal, electronic and written. 15. The provider will offer applicants and employees locked, secure boxes for private articles and police weapons. 16. The provider will submit a quarterly utilization summary report to the City. B. COMPREHENSIVE PHSICAL EXAMINATION AND DRUG TESTING FOR PRE· EMPLOYMENT AND PROMOTIONS Based on the physical requirements of the job descriptions provided by the City, the provider will conduct physical examinations and drug/alcohol pre-employment and promotional testing. Results of the applicants' physical examinations will be reported to the City of Miami Beach Human Resources Director's designee within forty-eight (48) hours after applicants are seen for results of their tuberculosis PPD test. The provider will permit at least ten ( 1 0) appointments per day and provide capacity for up to twenty (20) appointments per day with three (3) days advance notice from the City. The City will have the ability to schedule same day or next day appointments for pre- employment examinations. Tuberculosis PPD tests are to be read by the medical doctor. Positive test results will be handled by the medical doctor and will not be referred to the Department of Health or other facility unless agreed to in writing by the City. In any case, there will be no additional charge to 47 the applicant for this service. Police Officer and Firefighter applicant physical examinations must include tests for evidence of heart disease, evidence of AIDS or HIV, hepatitis, pulmonary tuberculosis, or meningococcal meningitis. C. MEDICAL RECORDS The provider will maintain medical records for all city employees and applicants. These files are to include medical records regarding injuries and accidents in accordance with all state and federal laws, as applicable. When requested by the City of Miami Beach Human Resources Director or her designee, the provider will make medical records available within twenty-four (24) hours of request. Medical records may only be released to the City of Miami Beach Human Resources Director, Risk Management Director, or their designees. All requests and designee assignments must be made and accepted in writing only (email is acceptable). The selected provider, if different from the current provider, will obtain all records from the current provider and will maintain such records. If and when this contract is awarded to another provider, all open medical and other records related to this contract will be delivered to the new provider within thirty (30) days of the expiration of the current provider's contract. The provider will give copies of closed records within twenty-four hours of the request. D. PSYCHIATRIC SERVICES The provider may be requested to attend staff conferences, conduct on-site training, observe new police officers and firefighters or evaluate employees referred by the City and provide expert opinion, recommendations and reports related to the employees' psychological or psychiatric evaluation. The provider may be requested to conduct stress-reduction meetings to police personnel spouses and other employees and their respective spouses or life partners, as referred by the City. E. IMMUNIZATION PROGRAM The provider will administer an intradermal test for Tuberculosis exposure on all applicants. A chest x-ray may be done in lieu of an intradermal test for Tuberculosis. The provider will administer a Tetanus Toxoid Booster immunization to Police Officers, Firefighters, Waste Collectors, and Parks personnel. This may include other occupations depending on the job description or specification and individual circumstances. The provider will administer Hepatitis B vaccine to those City employees with a potential risk exposure to infected blood or body fluids as determined by the City. The provider will administer other vaccines such as measles, mumps and rubella, and any additional vaccines as required by local, state or federal requirements or by industry recommendations, guidelines or best practices. 48 The provider will administer and make available anti-viral medication against the AIDS virus for emergency responders according to current federal guidelines. These medications must be given within two hours of a significant exposure. Employees must have access to the administration of this anti-viral medication on a twenty-our (24) hour basis. The provider will test Fire and Police Department employees for the HIV/AIDS virus to establish a baseline and perform other tests as required by the City pursuant to the terms and conditions of employment agreed to between the City and any of the bargaining units representing employees. F. DRUG & ALCOHOL TESTING PROGRAM The provider will have the ability to conduct a Drug and Alcohol Testing Program as required by local, state, and federal laws and regulations. This includes having access to a certified Substance Abuse Professional, Breath Alcohol Technician, and Medical Review Officer as defined by the U.S. Department of Transportation (DOT), Title 49 Code of Federal Regulations (CFR), Part 40. The provider will conduct pre-employment drug and alcohol testing on all applicants as well as conduct promotional drug and alcohol testing as requested. Employment or promotion into a safety sensitive position requires testing before applicants actually perform any safety sensitive functions for the first time. The provider will test approximately 350 Fraternal Order of Police, Williams Nichols Lodge, No. 8 (FOP) bargaining unit employees, 60 Government Supervisors Association of Florida/OPEIU, Local 100 (GSA) bargaining unit employees, 440 American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) and 190 International Association of Firefighters, Local 1510 (IAFF) bargaining unit employees on an annual basis and conduct other random, unannounced or reasonable suspicion drug and/or alcohol testing as may be specified by the City. The provider will test safety sensitive employees in positions that that require a commercial driver licenses in accordance with Title 49 CFR, Part 40. All alcohol and drug tests will be in compliance with procedures spelled out in 49 CFR, Part 40. The provider will also conduct random or unannounced drug and alcohol testing on all other City employees according to procedures set forth in Title 49 CFR, Part 40. The provider will conduct post-accident drug and alcohol testing as determined by the City. This requires provider availability twenty-four (24) hours a day, seven (7) days a week. The provider will test employees when the City observes behavior or appearance that results in a reasonable suspicion of drug use or abuse or alcohol use or misuse. The provider will conduct return-to-duty and follow-up drug and alcohol testing on employees who violate the City's drug free workplace standards, at intervals and frequency determined solely by the City. 49 The provider will offer drug and alcohol testing services with licensed and certified personnel and laboratories as required by local, state and federal law. The provider's drug and alcohol testing services will be overseen by a Medical Review Officer (MRO). The provider will conduct annual training for designated City employees on the Drug Free Workplace Act, including training on signs and symptoms of drug and/or alcohol abuse, if requested by the City. The provider will ensure the proper and documented chain of custody during and after sample collection and testing. The provider will have private and appropriate facilities to conduct these tests. The provider will offer locked, secured boxes for employees' personal items and police weapons. G. FITNESS FOR DUTY EVALUATIONS The provider will evaluate an employee's ability to continue employment in his or her current capacity and assist in identifying what reasonable accommodation, if any, may make it possible for the employee to remain in his or her current job. These evaluations may include a physical examination, return-to-work evaluation, psychological and/or psychiatric evaluation, and result in reports as requested by the City. Evaluations are to be completed within two (2) working days of the request and on the same day in case of an emergency. Results of the examination will be forwarded to the City within twenty-four (24) hours of the appointment or receipt of test results, if any. The provider will assist the City in evaluating and verifying Family Medical Leave requests, as needed. H. PERFORMANCE CRITERIA AND EVALUATION Each month, the City will evaluate the provider's performance based on the scope of services and feedback from employees, applicants and customer satisfaction by the Human Resources Department. The criteria to be rated will include, but is not limited to, responsiveness to the City's needs for pre-employment drug and alcohol screening, fitness for duty determinations, communication on all required results and designated contact availability. The criteria to be rated will change based upon the needs of the City. If the City finds the provider to have Jess than 80% compliance with any one item within the scope of services over a thirty (30) day period, the City may utilize a fifteen (15) day notice to correct such default. I. COMMUNICATION The provider will set up and use an electronic email system compatible with the City's. All reports and other necessary communication will be through this system. Any and all associated costs with the set up will be absorbed by the provider. 50 The provider will have qualified personnel available during normal business hours to provide all services including final physician sign-off for pre-employment examinations. All test results under the scope of services and the agreement will be communicated only to the Human Resources Director or her designee. J. STAFFING The provider's staffing level will be sufficient to deliver all services stated in the scope of services and the agreement. The provider will increase staffing if unable to fully comply with what has been stated herein. K. FEES. Fee information must be submitted with the proposal. Notwithstanding any fee schedule submitted, the City reserves the right to further negotiate fees with the successful proposer. The proposers shall provide their fees for the following services: a. STANDARD PRE-EMPLOYMENT PHYSICAL including: 1. Review of medical history/physical examination and consultation 2. Breath Alcohol Test 3. Urine Drug Screen -10 Panel 4. Hearing Screen/Whisper 5. Vision Screen 6. Tuberculin Skin Test b. POLICE , FIREFIGHTER PRE-EMPLOYMENT PHYSICAL including: 1. Review of medical history/physical examination and consultation 2. Breath Alcohol Test 3. Urine Drug Screen -Panel (test panels include Amphetamines, Barbituates, Benzodiazepines, Cannabinoid, Cocaine Metabolite, Methaqualone, Opiates, Phencyclidine, Methadone, and Propoxyphene.) 4. Comprehensive Blood Cell counts 5. Comprehensive Blood Chemistries 6. Comprehensive Lipid Panel 7. Comprehensive HIV/AIDS 8. Comprehensive Hepatitis B and C titer 9. Comprehensive Urinalysis 10. Nasal Swab Culture 11. Hem Cult {40 years and over) 12. Visual Exam, (acuity+depth+color+visual fields) 13. Glaucoma Screen (40 years and older) 14. Comprehensive Pulmonary Function Test 15. Tuberculin Skin Test 16. OSHA compliant PA and LAT (if medically indicated) 51 ----- 17. Chest X-ray with Cardiologic Interpretation c. IMMUNIZATION SERVICES to include: 1. Tetanus Toxoid Booster 2. Hepatitis 8 Vaccination (complete series of 3) 3. Hepatitis A&B Vaccination {complete series of 3) 4. Measles, Mumps and Rubella 5. Anti viral medication for HIV/AIDS exposure (3 day supply) d. EKG e. FITNESS FOR DUTY EVALUATIONS f. RANDOM, REASONABLE SUSPICION, RETURN TO WORK AND POST- ACCIDENT DRUG AND ALCOHOL TESTING INCLUDING CONSULTATION WITH THE MEDICAL REVIEW OFFICER AND EVALUATION BY THE SUBSTANCE ABUSE PROFESSIONAL PURSUANT TO DOT REQUIREMENTS g. RESPIRATOR REVIEW AND CLEARANCE h. MOBIL UNIT 52 APPENDIX D --MIAMI Special Conditions RFP 2014-127-LR MEDICAL SERVICES 53 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 1. TERM OF CONTRACT. The contract shall commence upon the date of notice of award and shall be effective for a period of two (2) years. 2. OPTIONS TO RENEW. The City will have the option to extend for three (3) additional one (1) year periods. 3. PRICES. All prices shall be negotiated with the selected proposer(s). 54 Miami Beach RFP 2014-127-LR Appendix D-Page 1 APPENDIX E ~ MIAMI BEACH Cost Proposal Form RFP 2014-127-LR MEDICAL SERVICES 55 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 APPENDIX A COST PROPOSAL FORM Failure to submit Appendix A, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposlals will result in proposal bein deemed non-responsive and bein rejected. Proposer affirms that the prices stated on the tender form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form shall be initialed. Refer to Section 0500 -Fees (paragraph K) for a complete description of the services included on each line item below. Est. Annual Total Item Description Quantity U f M Unit Cost (Quant1ty x Unit_ Cost) 2 3 4 5 6 7 8 STANDARD PRE-EMPLOYMENT PHYSICAL POLICE, FIREFIGHTER PRE- EMPLOYMENT PHYSICAL IMMUNIZATION SERVICES EKG FITNESS FOR DUTY EVALUATIONS RANDOM, REASONABLE SUPICION, RETURN TO WORK AND POST -ACCIDENT DRUG AND ALCOHOL TESTING RESPIRATOR REVIEW AND CLEARANCE MOBIL UNIT 237 80 350 5 7 516 3 4 Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 56 Each $ Each $ Each $ Each $ Each $ Each $ Each $ da $ $ $ $ $ $ $ $ $ TOTAL $ -- Miami Beach RFP 2014-127-LR Appendix E -Page 1 APPENDIX F ~ MIAMI BEACH Insurance Requirements RFP 2014-127-LR MEDICAL SERVICES 57 PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 XXX 1. XXX2. XXX 3. 4. XXX5. 6. XXX?. XXX8. XXX 9. MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability $ 1 ,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. Excess Liability-$ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _Protection and Indemnity _ Employee Dishonesty Bond _ Other: Professional Liability Thirty (30} days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title $ ___ .00 $ .00 $ .00 $ .00 $ .00 $ .00 The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 58 Miami Beach RFP 2014-l27lR Appendix F -Page 1 THIS PAGE INTENTIONALLY LEFT BLANK 59 COMMISSION ITEM SUMMARY Condensed Title: REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTINE OPERATIONAL REQUIREMENTS Key Intended Outcome Supported: Strengthen Internal Controls; Maximize Efficient Delivery of Services Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: As is customary, many of the City's agreements resulting from competitive solicitations include renewal clauses that allow for the extension of contract terms for a certain number of renewal periods beyond the original contract term, as may be stipulated in the solicitation or resulting contract. The renewal periods allow the City to continue to acquire the necessary goods and services from reputable contractors at prices established through competitive solicitations. In its due diligence process for consideration of contract renewal options, the Administration has considered: cost considerations, including any increases to the CPI-U index by the Bureau of Labor Statistics indicating changes in the supply market pricing conditions, contractor performance and risk management considerations (e.g., insurance and bonds, as applicable). Additionally, the contract renewals are applicable to the contract period only and do not alter other terms and conditions of the contract or the scope of the procurement. Any changes to the scope of the original contract shall be presented under a separate item individually or require a new procurement process altogether. The purpose of this item is to request authority to renew the competitively solicited contracts for routine operational listed herein, as stipulated in each contract's solicitation. The justification for renewing each is included with the contract information. RECOMMENDATION The Administration recommends that the Mayor and City Commission approve the extensions of agreement with Enterprise Leasing Company, and Unify, Inc. Advisory Board Recommendation: Financial Information· . Source of Amount Account Funds: 1 See below. See below. D 2 3 OBPI Total Financial Impact Summary: Various budget codes are contained in the referenced contract expenditures. All expenditures are contingent upon approved budgeted funds being available. City Clerk's Office Legislative Tracking: MIAMI BEACH 60 City Manager AGENDA ITEM _C_'?-__;;;/3o......,-_ DATE a-f-/'f MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wv.w.miamibeochfl.gov N MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales City Manager DATE: March 5, 2014 SUBJECT: REQUEST APPROVAL TO XERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTIN OPERATIONAL REQUIREMENTS ADMINISTRATION RECOMMENDATION Approve the recommendation. BACKGROUND As is customary, many of the City's agreements resulting from competitive solicitations include renewal clauses that allow for the extension of contract terms for a certain number of renewal periods beyond the original contract term, as may be stipulated in the solicitation or resulting contract. The renewal periods allow the City to continue to acquire the necessary goods and services from reputable contractors at prices established through competitive solicitations. In its due diligence process for consideration of contract renewal options, the Administration has considered: cost considerations, including any increases to the CPI-U index by the Bureau of Labor Statistics indicating changes in the supply market pricing conditions, contractor performance and risk management considerations (e.g., insurance and bonds, as applicable). Additionally, the contract renewals are applicable to the contract period only and do not alter other terms and conditions of the contract or the scope of the procurement. Any changes to the scope of the original contract shall be presented under a separate item individually or require a new procurement process altogether. The purpose of this item is to request authority to renew the competitively solicited contracts for routine operational requirements listed herein as stipulated in each contract's solicitation. The justification for renewing each is included with the contract information. ' Contract Number: · · · ·· ··· ·r ·R:e.newaflieriaa:····-····--·-........... · ·---------------~-------- i ITB-51-08/09 ~----· . i Month To Month . ,_, •-••-•••M•••-•••Mo••-•••-•••-••••-••-·-•••M ••-•••Mo••-•••-•••Mo••M•••-•••-• """""""-'""-'""-'""-'""M•••-•·•-•··-•'·-•·•-•·•-•·•-•-• •-·•-• ,_, •-••-• •-•··-•·•-•·•-•••-•••-•••••••••-,_ •-•••-•••-•••-••••-•••••• •-• •-••-••••••••••••••-""""'""""'""~""""""""~'""""' .~o .• ~o •••••~•••~•••~• .~o ·~• •-"•uooou••••••••! i Title: ; [_!3~~~?.!.~~~.9.~.~--C>f.Y~.~.iglt:1_~.f()~ .. Tbecg_it•tg_f __ .~.!~~--i ... ~.!=.-~gh ......................................................................................................................................................................................................... i : Contractor: i l .... ~~.!~tpri.~~---~~?.~_i_Qg_ 9.91!!P?..QY... . . . ....... .. ... . . . . . ................... m ............................................................................................................. _ •••••••••••••••••••• I i Brief Scope: I i This agreement provides a means for the Police Department to rent vehicles for special I i assignments as needed. The vehicles shall be late models with low mileage, neat and clean in I ! appearance, and in good operating condition, complete with air conditioning, automatic ! ! transmission, radio, power brakes and power steering. There will be no mileage charges, or l ! rental charges of any nature except for refueling charges allowed on any rental. The selection of I 1 vehicles will be classified into groups for pricing purposes. From these groups, the City may ! : choose the vehicle most suited for the required line of work. I :· ·-se-st""T rltere-si·Ju·stl·fiCaiiOn· :·--.... ·-· __ .. ___ ·u ·-· ................ -............ -... u ... -------.. ·-----· ·----·-• ------·-.............................................................. ·-·---·-------·--·-----.. ·-· ·-·---· ·-· ·-·-------·-· ·----------·---------·------·----·--· ---------... ·-·-·-· ·-... --·1 : This current agreement resulted from a City issued Invitation to Bid (ITB). In lieu of a I ' subsequent ITB, the City considered competitive awards made by the State of Florida and the I the Southeast Florida Governmental Purchasing Cooperative Group contract for Undercover I , Vehicle Rental Services. I 61 i i City of Miami Beach-Commission Memorandum 12 Contract Renewals for Routine Operational Requirements 1 After meeting with various vendors and discussing the needs of the department it was · i determined that it would be in the best interest of the City to issue its own ITB for the required : ! vehicles. For example, in one case the officers would have to go to Broward to switch vehicles. • In another case, if the vehicle was tinted, as is sometime required, the officers would have to • ' remove the tint prior to returning the car. Therefore, this month-to-month extension is to allow the City to issue its own ITB so that a i contract can be awarded. A recommendation for award is expected to be presented to the City : Commission at its M!=IYrneE3ti~g.m .. _ .......... _ .. __ .. ... -------~-~--------------··----------·---·-----·------------___ ' , .............................................. --------------- -----·-·· m ·-·-............ ••m ... m. r-----·-·-----------............................. -.................................................................................... ... l]i;~~~-~19(11m .......... m ..................................................... ____ i A~~-~:{i::~~14 Jhr9UQ h ~Ugl}~t 2. .... 2()15 ........ . i Title: I ... M.~i_Q~~~-§I-~_<?.t? .. .<:>f .. ~.h.t? ... T~_IE3_<;:qrnl!l_l}Q[<?I:l!i9_f!~_§Y~!E3!l].~ .. ?.! .. Y.I:lt.~.~-L:J.~---g_i_!.Y .. f.~~!!!!~.E3.~ .................................................................. _ .. i Contractor: ~-~_Qify~ ~~-~: ---------· ------.......... ------........................................................... - -.................................. ····--------·· ! Brief Scope: i The purpose of this bid is to establish a contract, by means of sealed bids, with a single I qualified vendor for the maintenance of the Telecommunications Systems at various City of i ... ML1:11!1J.I?E3_1:1<?~_fl:lg[I[HE3~t.9.~ .. 1:1_Q_2PE3!~JlC?~1:1JJ?§!~J~: ___________________________________ --·--------···-·· ___ _ i Best Interest Justification: ! The vendor has received satisfactory performance evaluations by the user department, i Information Technology (IT) Department. Additionally, pricing was established through a I competitive process, and, although the CPI-U has increased approximately 3.24% during the ! contract term, the City will continue to benefit from contract pricing established prior to the CPIU ! __ i_Q_~tE3~-~E3~ .. IhE3.1I.PE3P.I:lr:t:!:f:IE311L~as recommended extension of the contract term. CONCLUSION The Administration recommends that the Mayor and City Commission approve the extension of agreements with Enterprise Leasing Company, and Unify, Inc. JLM I KGB I AD T:\AGENDA\2014\March\Procurement\March 5 Contract Renewal Memo.docx 62 THIS PAGE INTENTIONALLY LEFT BLANK 63 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Pursuant To Invitation To Bid (ITB) No. 2014-066 For HVAC E ui ment, Installation, Parts and Services. Key Intended Outcome Supported: Ensure Well-Maintained Facilities. Supporting Data {Surveys, Environmental Scan, etc.): N/A Issue: I Shall the City Commission approve the award of Contract? Item Summary/Recommendation: The purpose of this item is to approve contracts to provide HVAC Equipment, Installation, Parts and Services at various facilities located within the City of Miami Beach pursuant to ITS. 2014-066. This item is necessary to expedite HVAC repairs and installations as necessary on all City facilities. The City has immediate need of firms and contractors, who are authorized by the manufacturers to sell equipment, perform installation and provide service. The successful Bidder shall furnish air conditioning repair services, including parts, labor, materials, equipment and supervision for all the air conditioning units Forty (40) vendors were notified of the solicitation, with ten (10) vendors downloading the solicitation. Five (5) responses were received in response to the solicitation. After review of responses received, it is recommended that the following responsive, responsible bidders be awarded the contract(s). For Groups 1-6, 8, 10, 13, 16-21, 23: Master Mechanical Services, Inc. as the sole vendor. For Groups 7, 9, 11, 12, 14, 15: Comfort Tech as the sole vendor. Finally, for Group 22: MRSE, LLC d/b/a Roth Southeast as the sole vendor. RECOMMENDATION It is recommended that Master Mechanical Services, Inc. be awarded Groups 1-6, 8, 10, 13, 16-21, 23; that Comfort Tech be awarded Groups 7, 9, 11, 12, 14, 15; and MRSE, LLC d/bla Roth Southeast be awarded Group 22. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds:~ 1 $115,000 Property Department Account No. 520-1720-000342 fo· Total $115,000 Financial Impact Summary: The annual cost associated with HVAC Equipment, Installation, Parts and Services to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted above are the FY 2014 budget amounts approved by Commission. Clerk's Office Le islative Trackin MIAMI BEACH 64 AGENDA ITEM _C_~_C __ DATE 3-5"-/l( MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWA D A CONTRACT PURSUANT TO INVITATION TO BID (ITB} NO. 2014-066 FOR HVAC EQUIPMENT, INSTALLATION, PARTS AND SERVICES ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure Well-Maintained Facilities. FUNDING The annual cost associated with HVAC Equipment, Installation, Parts and Services is subject to funds availability approved through the annual budgeting process. Account information and availability offunds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted below are the FY 2014 budget amounts approved by Commission. $115,000 Property Department Account No. 520-1720-000342 Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-066 is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide HVAC Equipment, Installation, Parts and Services at various facilities located within the City of Miami Beach pursuant to ITB. 2014- 066. This item is necessary in order to reduce the cost and time of advertising, shorten the response time and improve the efficiency and clarity in the production of the contracts for HVAC services Citywide. The City has immediate need of firms and contractors, who are authorized by the manufacturers to sell equipment, perform installation and provide service. The successful Bidder shall furnish air conditioning repair services, including parts, labor, materials, equipment and supervision for all the air conditioning units. These services are needed for regular maintenance and emergency situations. 65 Commission Memorandum ITB 2014·066 HVAC Repair and Services March 5, 2014 Page 12 The ITB also requested bidders to submit, for each manufacturer group for which bidder submits a bid, documentation from the manufacturer that bidder is authorized to sell parts, install and provide service. The City may award up to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. The contract(s) entered into with the successful bidder(s) shall remain in effect for two (2) years. The price offered by the Bidder in its Bid Proposal shall remain firm and fixed during the initial two (2) year term. The City, through its City Manager, shall have the option to renew this contract for an additional three (3) one·year periods on a year-to-year basis. During the renewal term, the City may consider an adjustment to price based on changes in the applicable CPI·U index. ITB PROCESS ITB No. 2014-066, was issued on December 6, 2013, with a bid opening date of January 9, 2014. Three (3) addenda were issued to answer to questions submitted by prospective bidders. The Department of Procurement Management issued bid notices to twenty (20) firms utilizing the Public Group and ten (1 0) prospective bidders accessed the advertised solicitation. Additionally, twenty (20) firms were notified of the ITB through the Florida Purchasing Group website. Finally, the Department of Procurement Management sent the ITB document to additional firms not registered with the Public Group. The notices resulted in the receipt of five (5) responsive and responsible bids from Airmatic Controls, Comfort Tech, Master Mechanical, MRSE, LLC d/b/s Roth Southeast and Premiere Air Conditioning & Refrigeration. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. Veterans and local preferences were considered during the tabulation of the bids received. Local preference was not applied to any of the bidders. The Bid Price form was categorized by manufacturers resulting in twenty-three (23) groups. The manufacturers on the bid price form included: Baber Coleman, Bard, Bristol Compressors, Carrier Equipment, Climate Master, Coleman, Copeland Compressors, Evapco, Friedrich, Florida Heat Pump Equipment, Goodman, Janitrol, Johnstone Supply, Lenox, Mitsubishi, Rheem Equipment, Trane Equipment, York Equipment, Ice 0 Matic, Delta Controls, Direct Digital Controls, Explorer Controls, and Johnson Controls. With regards to HVAC equipment, installation, parts and service the bids received from three (3) different vendors were deemed the lowest "responsive" to the bid requirements. Those vendors are: Comfort Tech Air Conditioning & Refrigeration, Master Mechanical Services, Inc., and MRSE, LLC (d/b/a Roth Southeast). All of the responsive vendors provided the necessary manufacturer's letter authorizing service and selling of parts and equipment. 66 Commission Memorandum ITB 2014-066 HVAC Repair and Services March 5, 2014 Page 13 The Department of Procurement Management verified the following: • Minimum Requirements 1. Licensure I Certification. Miami-Dade County Air Conditioning Mechanical Journeyman license or Journeyman General Mechanical license, and EPA 608 Technical Program Certification. Current licenses must be provided with bid, and no personnel shall service City facilities without said licenses. Comfort Tech Air Conditioning & Refrigeration, Master Mechanical Services, Inc., and MRSE, LLC (d/b/a Roth Southeast) submitted the required licenses. 2 Similar Experience. Bidder shall demonstrate previous experience in regards to the requirements of this solicitation for a period of no less than three (3) years in providing these services to at least one government agency in the Tri-County area (Miami-Dade, Broward, Palm Beach). Comfort Tech Air Conditioning & Refrigeration received very positive feedback from Miami-Dade County Corrections, Turner Construction Company, and Pirtle Construction Company. Master Mechanical Services, Inc. received excellent references from Miami-Dade College, Caristo Construction, and Monroe County. MRSE, LLC (d/b/a Roth Southeast) received great feedback from Florida Atlantic University, Amersco, and also has successfully provided services for the City of Miami Beach. 3 Manufacturer Authorization. Bidder shall submit, for each manufacturer group for which bidder submits a bid, documentation from the manufacturer that bidder is authorized to sell parts, install and provide service. All three (3) vendors provided the manufacturer's letter of authorization for the groups they are being recommended for award. 67 Commission Memorandum ITB 2014-066 HVAC Repair and Services March 5, 2014 Page 14 • Past Performance Comfort Tech, located in Hialeah Gardens, Florida; has provided HVAC services and products for 17 years with over ten ( 1 0) years of service in South Florida. Specifically, they have successfully completed projects with Jackson Memorial Master Mechanical Services, Inc., located in Miami, Florida; has been servicing South Florida for over 20 years and has 33 years in the HVAC industry. Their technicians hold EPA certifications and have also received additional training in Refrigerant Transition and Recovery and other technical certifications. MRSE, LLC (d/b/a Roth Southeast), located in Davie, Florida; has three (3) years of HVAC service under its current name and in the past ten (10) years has operated under the name of Thermal Concepts. They are members of Energy Star and are Authorized Building Control Specialist (ABCS) for the state of Florida. Pricing submitted by all vendors is included in Appendix A. Based on the above, it is recommended that the following responsive, responsible bidders be awarded the contract(s). It is recommended that Master Mechanical Services, Inc. be awarded Groups 1-6, 8, 10, 13, 16-21,23: that Comfort Tech be awarded Groups 7, 9, 11, 12, 14, 15: and MRSE, LLC d/b/a Roth Southeast be awarded Group 22. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due dillgence and is recommending to the Mayor and the City Commission to award a contract to Master Mechanical Services, Inc, Comfort Tech Air Conditioning & Refrigeration, and MRSE, LLC d/b/a Roth Southeast as previously indicated. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract pursuant to Invitation to Bid {ITB) No. 2014-066 for HVAC Equipment, Installation, Parts and Services to Master Mechanical Services, Inc, Comfort Tech Air Conditioning & Refrigeration, and MRSE, LLC d/b/a Roth Southeast in the amount of $115,000. 68 ~Co MDUn r\are-.... <:>nno:: '-'1<1..--.u tTOUflYI'\<IU~ l~li.I..IU ~,~I.JV.UI.J' MI:JIUII)III.<IU~· o!IIJ.UU ~,~UUUI.J' MOU l'iille :>:J-UU L,LlAJ.UU MOUrl Hate f""::I.I..IU li.UU riOUrl)'"l>:i-~lle /"J,W j,f..II.I!J.OO ts.2oo.oo 9.2oo.oo 7,700J~ a.oc "9,soo.oo (T) St.ateWnethertlle-% Net Cost S-~• Whrlherthe% Net Cost StateWheth.eortM% N-et Cost St.tc-Whethe-r~% Net Co-st State WM-therthe% Net Cort e.g Group E:5tirru~tMAnnu•l %(.ditcOUntor l~o!disi!Oiscountof (Gros.s_Colt" %[d~untor L.irtHisarJ~urttof (Grou_COit" "~d~ntt~t LliMdtiiiiDIKountof (Gn;~H'_(I;'$\~ ""CdiiKo~,_.Q-r L..ktl!d&iill&c:ounlof ~Gro"_(c;~Jt% %ld~SWUotor l..ist.d5•05wounta-f {GrOH_CoU" ~i'n O.Kn~IIQn Gron Com miJk-upl Mllrk--up [)~unt or m;~~rk-t.~p. M1rk-up DISCOunt oor Mnk rmnk-upJ M.r-k·UiP Dkoaunt ar Mark-mark-up) M-1rk•up OiHounl o-t Mink IThllrk-upJ M1rk-up Di~M.I or M•rk-3C Par15Pne'l.lmiltk. 5,000.00 3D% Mark UIJ 6 50000 lD"X Mink-up 5.500.00 15% M;uk-up 5,7SOJXI :i!O:X. Mark-up 0.00 2.0% Mark-up 6,00000 "------H'--1~11 .oL •• -~-~ l!o n 1 or .r l!t"' t" ~ • C.D -'I • I t.1l~ o<~~; 1 '•Ill '~ t,G I • .,, • I, t•ur , .. ,. ':)(·Sf.· E • • -u1 ..,r rp ~. 5 I .'H1' :..., <,o, I!Cill ~ 1! r dt 11 1 J ".F • lit=-'• I ~OCH I """''-• • ) ">( •• I 1 ;I i ·01 1 1' IIPIT"> '>;' ~~ 0.00 btdiGTU •0...1'-. llll ')' <:,;;; ...... 0 Hl l.tb< 1 IIH >ICC"' 10) Of • lt-i,dc>JIJL!p S 110 ltf'l1l,Hll ]IL, 1) lilic>r II ~·rm lOC-lOD i 11r • l lr>lillof< p"•llll(lt,-.rmJJ,, (1<,] J0,700.DD •,u! tn1" lt.-.m lU Laber lllo>ll 'lUl ~ 11 rl •• 1 G '-'UI.J 5 110 lkun. Q,\ J:)(., Q,OO ',1il tl <tllkr1 IC Lolurtll w 10~_, 1 IJ!,jl( ou~ 5110(11• 1 I< o Oil ...... ~ •, I <Jhn• ]t,•n, t I_-l~LJ I '>I • I lvl 11 {.r< p '> 1 l S ~ lt·rn;. 1 I/\ IF 1 l'i ld •JIIlu!I',]!:,.(~~~D•l• t J II r,,l( IO<Ij..: 1 ]') (111'1-ll' I Lr I '~lh TOtllll m S 1.-thnr]ITI-'11 l' I t l lco,~l br up 'J 1 1'> I ill m] l1. I~~ :,111 !1 t~l t(tn 15 L~l.!o.; lihl I'\ • l I() I o I C. r J-ll p "5 l I ~ II 1'111". J l1\ I ~ r: ~ ...... N I ""!'! I 0.00 ~ 1 I I r .. ,;.~~,.R ·;-~ · ~-! .·., ~-J,~:-7~·,·r~?it!tJ w -·· -·· COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Invitation To Bid (ITB) No. 2014-069 For Light Poles, Fixtures, and Bases. Key Intended Outcome Supported: Ensure Well-Maintained Facilities. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the City Commission approve the award of Contract? Item Summary/Recommendation: The purpose of this item is to approve contracts for the supply and delivery of light poles, fixtures and bases pursuant to ITB. 2014-069. This item is necessary in order to meet the demands at City facilities, shorten the response time and improve the efficiency of the delivery of lighting supplies utilized Citywide. The City requires these items for routine maintenance on an "as needed" basis, inclusive of planned and emergency repairs. These light poles, fixtures and bases are used at various locations such as Lincoln Road, Alton Road, Lummus Park and Bay Road. Sixteen (16) vendors were notified of the solicitation, with five (5) vendors downloading the solicitation. Three (3) responses were received in response to the solicitation. The bids from HD Supply Power Solutions, L TO and South Dade Electrical Supply, Inc. were responsive. The bid received by AGC Electric, Inc. is non-responsive. RECOMMENDATION After review of responses received, it is recommended that the lowest responsive, responsible bidder be awarded the contract: • HD Supply Power Solutions, L TO., as primary vendor for manufacturer groups: Allscape, Gardea EMCO, Kim Lighting, Phoenix, Precast Specialties, Selux and Stonco. Also HD Supply Power Solutions, L TO., as secondary vendor for Akron Foundry, Bega USA, Flagpoles, Inc., GE, Hapco, Holophane, Hubbell Lighting, King Luminaire, Lithonia Lighting, Louis Poulsen, P&K, Stresscrete, Valmont, and Whatley. • South Dade Electrical Supply, Inc., as primary vendor for manufacturer groups: Akron Foundry, Bega USA, Flagpoles, Inc., GE, Greenlee, Hapco, Holophane, Hubbell Lighting, King Luminaire, Lithonia Lighting, Louis Poulsen, Mainstreet Lighting, P&K, Quazite, Stresscrete, Valmont, and Whatley. Advisory Board Recommendation: N/A Financial Information· Source of ~-Amount Account Funds: tJ:J./l $200,000.00 Repairs/Maintenance Supply Account No. 011-9407-000342 2,15 $ 20,000.00 Renovations Account No. 305-6997-000676 e 3~· $225,000.00 Capital Contracts Account No. 171-2741-069357 4,1.>· $125,000.00 Machinery & Equipment Account No. 365-2765-000674 Total $570,000.00 Financial Impact Summary:* The annual cost associated with the purchase of light poles, fixtures and bases is subject to funds availability approved through the City's budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Budget Office. Cit Clerk's Office Le islative Trackin Alex Denis, Director Ext # 6641 MIAMI BEACH 74 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o FROM: Jimmy L Morales, City Manager DATE: March 5, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWA A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2014-069 FOR LIGHT POLES, FIXTURES, AND BASES. ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure Well-Maintained Facilities. FUNDING The annual cost associated with Light Poles, Fixtures, and Bases.is subject to funds availability approved through the annual budgeting process. Account information and availability offunds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted below are the FY 2014 budget amounts approved by Commission. Amount Account 1 $200,000.00 Repairs/Maintenance Supply Account No. 011-9407-000342 2 $ 20,000.00 Renovations Account No. 305-6997-000676 3 $225,000.00 Capital Contracts Account No. 171-27 41-069357 4 $125,000.00 Machinery & Equipment Account No. 365-2765-000674 Total $570,000.00 Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-069 is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide supply and delivery of light poles, fixtures and bases at various facilities located within the City of Miami Beach. This item is necessary in order to meet the demands at City facilities, shorten the response time and improve the efficiency of the delivery of lighting supplies utilized Citywide. The City requires these items for routine maintenance on an "as needed" basis; inclusive of planned and emergency repairs. The City has immediate need of vendors, who are authorized by the manufacturers to sell lighting related equipment and parts. 75 Commission Memorandum ITB 2014-069 Light Poles, Fixtures, and Bases March 5, 2014 Page 12 The ITS also requested bidders to submit, for each manufacturer group for which bidder submits a bid, documentation from the manufacturer that bidder is authorized to sell parts and equipment. The City may award up to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. The contract(s) entered into with the successful bidder{s) shall remain in effect for one (1) year. The price offered by the Bidder in its Bid Proposal shall remain firm and fixed during the initial one (1) year term. The City, through its City Manager, shall have the option to renew this contract for an additional three (3) one-year periods on a year-to-year basis. During the renewal term, the City may consider an adjustment to price based on changes in the applicable CPI-U index. ITS PROCESS ITB No. 2014-069, was issued on January 15, 2014, with a bid opening date of February 10, 2014. Two (2) addenda were issued to answer to questions submitted by prospective bidders. The Department of Procurement Management issued bid notices to sixteen {16) firms utilizing the Public Purchase and the Florida Purchasing Group website. Five (5) prospective bidders accessed the advertised solicitation. In addition, the Department of Procurement Management sent the ITS document to additional firms not registered with the Public Group. The notices resulted in the receipt of three (3) responses from HD Supply Power Solutions, LTD, South Dade Electrical Supply, Inc. and AGC Electric, Inc. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITS will be recommended for award. Veterans and local preferences were considered during the tabulation of the bids received. Neither veterans nor local preference was applicable to any of the bidders. The Bid Price form was categorized by manufacturers resulting in thirty-six (36) groups. The manufacturers on the bid price form included: Akron Foundry, Allscape, Arlington, Bega USA, Brooks Products, CDR, Faulkner, Flagpoles, Inc., Forms & Surfaces, Gardea EMCO, GE, Granville Holophane, Greenlee, Hapco, Holophane, Hubbell Lighting, IPEX, Kim Lighting, King Luminaire, Lithonia Lighting, Louis Poulsen, Mainstreet, P&K, Phoenix, Precast Specialties, Quazite, Red Dot, Selux and Stanco, Stresscrete, Sylvania, U.S. Precast, Unique Solutions, Valmont. Van Teal, Western Lighting and Whatley In evaluating the bids received it has been determined that the bids from HD Supply Power Solutions, LTD., and South Dade Electrical Supply, Inc., were deemed the lowest responsive for various groups. Both of the responsive vendors provided the necessary manufacturer's letter authorizing service and selling of parts and equipment. The bid received from AGC Electric, Inc. was non-responsive for failure to provide the manufacturer's authorization by the deadline requested as part of minimum requirement. 76 Commission Memorandum ITB 2014-069 Light Poles, Fixtures, and Bases March 5, 2014 Page 13 The Department of Procurement Management verified the following: • Minimum Requirements 1. Similar Experience. Bidder shall demonstrate previous experience in regards to the requirements of this solicitation for a period of no less than three (3) years in selling these products to at least one government agency in the Tri-County area (Miami-Dade, Broward, and Palm Beach). HD Supply Power Solutions, L TO provided references from Miami Dade College, Univision Network Ltd, and Beckman Coulter, in which all provided above satisfactory results. South Dade Electrical Supply, Inc. provided references from Kendall Electric, Inc., P.M. Electrical Contractors and the City of Miami Beach, in which all provided very positive feedback. 2 Manufacturer Authorization. Bidder shall submit, for each manufacturer group for which bidder submits a bid, documentation from the manufacturer that bidder is authorized to sell parts and provide service. Both HD Supply Power Solutions, L TO., and South Dade Electrical Supply, Inc. provided the manufacturer's letter of authorization for the groups they are being recommended for award. • Past Performance HD Supply Power Solutions, L TO, located in Medley, Florida; has been in business for over 80 years and has provided lighting parts and supplies for South Florida for the past six (6) years. The parent company, HD Supply, is one of the largest industrial distributors in North America. South Dade Electrical Supply, Inc., located in Miami, Florida; has been servicing South Florida for 49 years. Within their three (3) South Florida warehouses, they stock a large variety of electrical supplies for any size job. In addition, their fleet of trucks provides same day and next day deliveries within Dade, Broward and Palm Beach counties. Pricing submitted by all vendors is attached. After review of responses received, it is recommended that the lowest responsive, responsible bidder(s) be awarded the contract: • HD Supply Power Solutions, LTD., as primary vendor for manufacturer groups: Allscape, Gardea EMCO, Kim Lighting, Phoenix, Precast Specialties, Selux and Stanco. Also HD Supply Power Solutions, L TO., as secondary vendor for Akron Foundry, Bega USA, Flagpoles, Inc., GE, Hapco, Holophane, Hubbell Lighting, King Luminaire, Lithonia Lighting, Louis Poulsen, P&K, Stresscrete, Valmont, and Whatley. • South Dade Electrical Supply, Inc., as primary vendor for manufacturer groups: Akron Foundry, Bega USA, Flagpoles, Inc., GE, Greenlee, Hapco, Holophane, Hubbell Lighting, King Luminaire, Lithonia Lighting, Louis Poulsen, Mainstreet Lighting, P&K, Quazite, Stresscrete, Valmont, and Whatley. 77 Commission Memorandum ITB 2014-069 Light Poles, Fixtures, and Bases March 5, 2014 Page 14 CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to HD Supply Power Solutions, L TO, and South Dade Electrical Supply, Inc. as previously indicated. CONCLUSION Based on the aforementioned, the Ad ministration recommends that the Mayor and City Commission award a contract pursuant to Invitation to Bid (ITB) No. 2014-069 for Light Poles, Fixtures, and Bases to HD Supply Power Solutions, LTD, and South Dade Electrical Supply, Inc. in the amount of $570,000. 78 ...... c,g ITB 2014-(]-69 ligllt Poles Fixtures and Bases '"y.elll'low hi·tight• dEtsJgnates manufacturer-'-e I$Uar submitted; OESCRI:PTIO.N I PAATI BASE. AlUM POLE. Wl M P:ANO HINGE I TB1-Hh DOOH, Atl ..... lh!UM BASE PLATE ''NO HINGE" TB-1-20 DOOR,/i,LUI'.IINUM EJASEPLAIE FOR"f'IANOHING~" TB3-11-N DOOR, ALUMINUM BASE PlATE F"O~ "PIANO HIN(OI · T0;1·17H DESCRjPTIOH PART I FIXTURE. ALLSCAPE #SlM 7QMH ?40V SL34-70MH24C)V-E 17-sP DIOSC.RIPTION PART I METAL BOX, 10" X 10~ X 6", NE:MA-3R AB10~06R6 DESC:RIPnOtll I PARi I' BOLLI\RO nx llJR!::. #8841£1 DESCRiPTION PAAHJ BASE, 7F001, ANCHORC~RETEFORALU~INUIYI POLES AB7 El,._SE, ROONO ANCHOR CQNCr.IETE 24" X 1:2", -4 E!CL T 5<17500 EI_!ISE,16" X~~~-X M!-3 BatT 5''BLT CIRC,CDNC~Fl[ -~ AB1616:3'13 3130LT5"CIR DEBCRFTION PART I PULl, BO:X , a14" POLY ST. WALL, ELECTRICAL 1;1. SEWER WB04-1015-H-20 f>UU 80:X, 1-80l f DOWN. POL YMEA. 1 r X 18" WS20-1118-12 PIA.L 80X COVER 1" BOlT DO'#N, .SOUD"ELECTRJC" WC20-11 t6-20 COVER 3,14• PULL BOX 10" )( 15" 1::LECiRIC" W"C20-1015-02 I AGC UNIT COST I ANNUAL ESTIIdA.TECJ MANUFA.Cll.IRER QUAHTITIE8 M:RON FOUNDRY s20.ooT lO AARON FOUNOR'I" 0000 11l AkRON fOUNOR'f 12"0 00 ,. AKROJi FOUNC)RY 1ZD ool 20 TOTAl YANUFACTURER ALLSCAP.E TOTAL MANUFACTURER AAUNGlON "JOTAL BALANCE Of liNt:. DISCOU:-..IT 5°,. MANUFA.CTORER SEGAUSA MANUFACTURER I I ANNUAL UNIT COST ESTIMATE'J CIUAHTITEB· 2050 •• TOTAL BALAI\ICE Of LINE DISCOUNT 5% .ANNU~L U~ITCOST ESnMA.TED cvAMnnes BROOKS PRODUCTS s !!.70 00 12 BROOKS PRODUCTS • 98-0.00 • BR.OOI<S PRODUCTS $ 980,00 • TOTAt. BALANC~ Of-liNE O~SCOUNT .5% AJINUAL IIANUFACTURER UNIT COST E8TIM-'TEO QUANTITIES GOR 280.00 24 COR J2().00 24 COR 2"20.00 24 CUR 190 oo I 24 lOTAL BALANCE OF LINE DISCOUNT 5% TOTAL (Unll C~l:.: Qly) I 1G,400 00 • 1.800 00 • 2,4J)() 00 $ 2,400.00 I 11,000 0.0 >00.00 TOTAL (Unll Cool •I OIJI) I 20,50000 20,500,00 TOTAL (U .. Co .. l.: Qly) I 10 440.00 • 5-.8-SIJ.OO $ 5-,88000 2:!,20G.OO TOTAL (Unit Cosl K' Qly) ll,720DO 7.65000 5-,280.00 <1.,5&1 00 24,.240.D{) HDSUPplY URiUfACTURER: U.HITCOST I ANNUAL ESTIMATI,';I;J TOT.o\L CU[Ii-t C::D•I Jl QUANTITIES. 01)') AKRON FOUNPIIV m oo"T 20 I 8,~2000 AKRON FOUNDRY 66.00 2D I 1,32000 AKRON fOUNORY 0000 >0 I 1,80000 AKROH FOUNOAY oo.ooJ , I U!OO,CI[) TOTAL . -13MO.OO MAH-UFACT1JRER ~ MANUFACTURER AAUHGTON JOTAL I:!AlANCE OF LINE DISCOUNT 12°· '" I UHITOOST .... AL II ·I MANUFAOTURI!Ft EUIMATEC TOTAL (U"It CQ•( ;o~~ QUANTITIES. Qty) BEGAVIA 1611 10 s 1'13,17000 TOTAL 6ALANCE OF LIN~ DISCOIJNT 12% io6,110J)G A.NJiUAL-M.flr.N.LJFACTlJRER UNIT COST ESTIMATED TOTAL (Ur.tt:Coslx Q\IA.NTITJU Qty) BROOKS PFIOOUCTS I ,, $ BROOKS PRODUCTS I ' $ BROOKS PRODUCTS • ' $ TOTAL SOUTH DADE ANNUAL UNITGOST I ESTIM~TE;O TOT Ai... (Unn Co.at OUANTITIE:S •OM MANIJP"ACTUREFI NC.F1:0N FOUNORY , .,.,. "" I 6,45{) oc AKROI'f FOUJIDR'I" 30>1 20 I T'J10C AKR.OH FOUNDRY 5805 20 I ",151(;0 AkROI'f FOlJt.IORY 5aa;j 20 I ',161 00 'tOTAL I 9,503 00 MANUFACTURER ALLSCAP.E MANUFACTURtR ARJ_Ir.JQ.TON TOTAL no.•• BALANCE OF 1 INE DISCOUNT 0% 'MANUFM:TUR:Eil I .NNUA< I U~ITtOOT ESTIMA.TED TOTAl. IUnMCo-m:t QI,JANTITig9 I Qty) eeGAUSA • 1.:l:SO.QO 10 TOTAL BALANCF OF tiNE O~~COUNT 0% A.NI'fUAL MANUF.ItCTURER UNIT COST ESTIMATED OUANTITJE:S BROOKS PRODUCTS • 448.00 ,, BROOKS PRODUClS $ 412,'95 ' BROOKS PRODUCTS • 2..15 30 • lOTAL I 13,8-CiO IX 13,8;[)(10(1 TOTAl .Un&tCMt JIQiy) I s31eoo I 2,477.70 $ 1,89U30 9,}&S.So BALANCE OF LINE DISCOUNT 12% 11!1( 1ltrm::s that do noL Appru~r on lhA Attechttd bid f.::.rm piAaSA stat$ P'$rC$r'1telge-c;!ijS(;I)I,Itll ANNUAl AN.NUAL M.,WUFACTURER UNITGOSJ I ESTIIM.TEO ITOTA:l. {UniCCa•l QUANTITES J1 Qtyl MAliUfACTURIEJt UNIT COST I E'STNATEO I TOTAL (Unit Cost xl QUANnnES Qly) COR 24 CDR 24 COR 24 CDR 24 COR 24 CDR 24 COR 24 CDR 24 TOTAL. TOTAl BALANCE OF LINE DISCOUNT ~2% BALANCE OF LINE OISCOUNf ()% 00 0 ITB 21)14-06~ Light f:~!lt:l Ei~!.:!fl§ ao~ ~asoAs DESCRIPTION PARTJ DOOR, ALUM BASE, FABR!CA 1[0 ACRYUC PLASTIC -~_0_Q._7~" X 13.25 DE SC:R:IPTION PART# POLE, .2;3', SINGLE 5 FT ARM ROLJND TAPEREDA.LI..ItAINUM FPSLS845i81C ~qy~R_._P_!.K_H~DHOLE SU<ANODIZE W~Rx:T C~3i9446 DESCRIPTION PARllll 930075-CUSlOM BOLLA.RLJ, CAST ALUMINUM TR!ADII 900000 11·CUSTOM POlE, CAST Al.IJMINUr.t. PEDCSTRI.IIN TRIADA 535148 Pc:.l& FIXTURE, 50 WTtlPS. CAST ALUMINUM BOI,.lAROWII.ENS RAl. P 930075-cuslom LENS. PEDES IRIAN PO_E lRIADA 535146 {lens) LENS BOI..LARO TRIADA WI TURiLE SHIELD 535055f535232 ~~OLLARD TRIAOA 535055 DESC-RFTION "PARTt. POLE, GAROCO, 2-38~TENON, NATU~LALUMINlJM ULSRIA53121238NP COVER, FOR FOLE COLOR· NAIIJRAI.. ALUMINUM ULSHH2X2 FJ:<TURE, GAROCO SK. "J.SW LPS ~TUR6J... ~UMINUU PT~2 LA141P35lPSMTNA FlXT\JRE, GAR.OCOSK1 35W~PS NA.TU~.I.LI.JMINl.IMPTF2 LA,41A32LPSMTNA MANUFACTURER. FAUliHiER TOTAL 16,StHJ.DD BALANCE OF LIN£ Dl SCOIJNT 50(_ ANNUAL M.t.NUFACnJRER UNIT C:OST ESTIMATE"IJ TOTAL. 'IJnlt Cv!15h: QJJANTil~ES ca..-• F:LAGP"OLES.It.IC $ 1,758.68 11 $ 2,,104.18 Ft.Aa.P.OLES INC $ 11!1.70 6 $ ""'"' TOTAL 22.074.3-G BALANCt:. OF LINE DlSCOUNT 5% ANNUAL. MANUFACTURER UNIT COST ESl ...... lEEJ TOTAL. (Unit CoaiJi QU,AHl'JTES Qly) fOFWS & SURfAcES $ 3,370.00 14 s 8CI.SBO.OO FOHNS & SURFACES s 446.00 12 s 5,3S2.00 FORM:S & SURFACES $ 12 $ fORMS&. S:JJRF""ES ' 4A600 14 s 10 70400 FORMS & SURFACES • ?1700 ,. $ -52Cl8.00 FORMS & SURFACES _t li'G.OO 24 s ·--~~-~ TOTAL $ 10e,.wn.oo BALANCE O"F LINE DISCOUNT 5% ANNUAL MANUFACTURER UkiT COST ESTIMATED TOTAL. ('JilltC<Ish QI.JAIHHIES Q'l') GAAIJGOEMGO I 7:20.00 1 I 5,04lUJQ GMt)COEMCO • 45.00 ' s 13500 GAROCOl:~CO s 1,300.00 l I 4.110.00 GAROCOEMCO I 1.390.00 ' I 4,t7U 00 TOTAL $ tl,S'15.DO BALANCE OF L1 N'E DlSCOUNT 0% TOT""-. llJ 11tt Co:~•t s.City) $ TOTAl. TOTAL BALANCF OF LINE DISCOl)r-. T 12'" BALANCE OF LINE C)I3COUNT ~· ANNU"'-"""""'-MANUFACTURER UNIT(OST ~SrtMAfHI lOTM.. iUnhCc-1t11 MANUFACTURER UNIT COS-T E6TIMA1ED TCTA.L 'I.JilitC<MI QUANTITIES Qt>) Q.UANTlTIES ~Qty) fi.AGPOU:S INC ' 1,01BOO 12 ' 12:21600 FI..AGPOU!S INC ' 818.00 12 $ 9,936.00 FLAGPOLES INC s 1.j500 • $ 6~.00 f~~OL.ESINC ' •<i7G 6 $ <0020 ----·-··--·--TOTAL 12,8U.OO TOTAL to;J::.us.2o BAlANCE OF LINE DISCOUNT 12% BALANCE OF LINE DISCOUNT O% AHHUAL. ANIAJA< MANUFACTURER UNIT COST iESTIMATED TOTAL {Unit Cost 11 MANUFACTURER UNIT COST UTIMAT!D TOTAL (Unit eo.t QUANTITIES Qty) QUANTITIES. xQiy) rOR"M:S & SURF.t.e:ES $ .2 :2;:3.00 " $ 53,11200 FORliiS & SUAFACES $ " $ FORMS & SURFACES I :21J4.00 12 I 3,528.00 fORM$ & SURFACES I 12 s f"ORM:S & SURF.t.CES s 12 • FORMS & :SUAf"AC"ES $ " I FORIIIS 8. SORFACES. ' :29o4.00 " s 7,0SEIOO FORMS & SURFN:ES s " $ FORiiiiiS & SURF-'CES $ 143.00 24 s :SA-3200 FORMS. & .SI.JRF...CES I ,, $ FORMS & SURF.t.CES I _ ____!~ ,. I 2,13.32.0\i FORMS & SURFACES L ____ _: __ " I TOT.Id. ~ 89,960.0(1 TOTAL BALANCE OF LINE DISCOUNT ,:2% BALANCC OF liNE DISCOUNT 0% ANNVAL AI<I<"AL MANUFM;;TtiAER tJNrTCOST ESTit.IATEO TOTAl. (Unl Go1t 1. MAtri!JfACTLI-RER vNncos.T ESTIMATED TOTAL (UM Colli QIJANTJnES Qly) QUAHTITES ~~:Qtvl · GAROOOEMCO I 62100 ' • 4,3-L11.00 GAROCOEMCO I ~:53.0Ll • 3,871.00 GARDCOEUCO I 4<00 ' $ 12200 GARDCOEMCO s 25.30 ' s 7'5.9Ll !!NWCOEI!ICO I 1,100.00 ' I l540.00 GMDCOE..-co I 1,220.00 ' s 3,660.00 GAROCOEioiCo I 1,18000 3 I s ;.w.oo GAROCOEMCO I 1,2"l0.00 ' $ 3,1i300.00 TOTAL I 11,551UIO TOTAL $ 11,Miil.8D BALANCE OF LINE DISCOUNT ov!C BALANCE OF-LINE DISCOUNT il% ITB 2014-06'9 Light Poloes Fhr;t~res and Ba'loe11 AGC HOSUPPLY SOUTH DADE OESGRI?TtOJII PART II MANUFACW~~A UJIIIT COST AHhiUAL l;STIMATED QUAWilE$ A>INIJAL IVI"L ~~;)""~•, ~rvN<o~ I unr~"_.ut~, i ~~:T~;~~~ ~~:;7~ ~~j:;:-~ft UANUr A--··---u.Nrrcost MANUFACTLIREAI UNIT COST POV•tER DOOR. 4-GOW I-'180V H~ CUTOFF I GfLSMDRL40S~A~ 1 GE 1 $ 350.00 1 6 1 s 2,mJ 00 I GE 1 $ 269 00 I 6 I s 1,1.31-4.00 I GE ! s ,44 so FJ)CTURF 400W4Bov..-PS,GEW!PEC06FV-HEADCUTOFF 1 MDCA40h5M22FMC31 I GE I~ 490-ooj 1:2 I$ 5,B&Oool GE Is 404001 12 Is. .a,848ool GE It 26-775 POWERDOOF!.400WI.tLJLl1IAP,GEHPS 1 MDRL4CSSM1 I GoE Is ..a.o.ool e I$ 2,aw.ool GE I$ -I a Is I GE Is 211.00 Pow~:;~DOOR.<Wowzo:~ovHPS 1 M4AR4DS8A 1 GE I; :12ooo1 6 Is 1,a2ooo1 Ge I$ -1 o 11 -I ·f;;E· Is 1<'635 AHNIJAL ESTIMATED QUANTITIES 12 FlxTuRE.Jcuw,.,ovHPS,G~WJ?EcooRAHEADClfrOFF 1 MDCA,OS1AM21GMC31 1 GE I$ 4&~ool 24 Is 11.0"'OOOI G-E ]$ J32.ool 74 Is ?'.UtiHoo-1 qE Is ~01001 24 FIXTURE.100W.480VHPSGE 1 M:Z.A.R1DS5M2GMS31 1 GE Is o~-zoool 12 Is S.04(lool GE Is 291oo~ 12 Is 3.:564001 GE Is 11o.«1l t2 FIXTURE, tOOW, .:.BOV ~PS W;'PHOTOCELL !.A-250A2 CUTOFf I M2AC1QS5M2GMCJ1 I GE I $ 410 oc I 12 I $ -=1 92() 00 I G-E I $ 2Q200 f 12 I ' 3,:i.l4 00 I GE I $ 165 5() I ~ .. TOTAl (lJnH Col!lt .)(Qiy} 667 C.::· 3,2~ J. oc 1,2"66 Q(j 75810 4,El.Z-=I 00 2 ·)44 eo 19f0.00 FIXTURE, I:SOW 120VfiPS, GEWJPECOORAHEADCUTOFF I MDC-At5S1M21GMC3 I GE I$ se-noo I .?-4 I' 1::l-440.oo I G-E j $ 368.00 I 24 IS a.BJ;>oo I GE 1 S i<l-4.80 1 24 I$ ~.53520 FIXTURE.250Wt4sov. HPSGF.WJPEcosltAiiEADcuroFF ' MDCA25SM22FMC31 1 GE 1 s SAo.oo 1 24 1 t u,9eo.oo 1 a~ l t. 362.oo 1 24 1 s a.ass.oo 1 Ge 1 s zzg,to ~ :z• 1 s 5.40840 FIX1u~.2SJJW 120VI1PSWiPHOTOCHLcuroFF MDCA25S1A22FMCJ1 1 GE I$ 4600Qj 24 1 s ,,,o.;oool CE I$ att.ool 24 1$ 7,464001 GE Is HJ1esl <'4 1$ 4.:J.s9so FIXTURF,400VII 12DVHPS GEV•o'JPECOORAHEIIOCUTOF;: MDCA40SIM?~GMC3 GE G.E GE S J,277.2Q FIXTURE, -400'/'J 480V MH. Gf WIPE COBI.tA.IiEAD CUTOFF MOCA40E5-A22Gr.,tC31 GE GE GE S 2,906 40 POWER DOOR. tOOWT 120v J-.!PS. cuTo;;F MDRAt5S1MZ I GE 1 s 410.00 I e I s 2,4m oo 1 GE 1 s 292.oo 1 t1 1 s vs2.~ 1 ·13E 1 $ 164 9D 1 e t 1· IM:i.:40 POWER DOOR, 250W 12DV HPS CUTOFF MDRA,5SOM2 I GE Is -4150 00 I 6 I $ 2,ffl0.00 I GE I :ii 30500 I fj I s , 830 00 I GE;. I $ 17125 I 6 1 $ 1,063.50 POWEF! DOOR 2'50W 480V HPS CUTOF-F-MDRA26S5M2 I GE I$ 410:00 I u l s. 2,460.00 I GE I$ 290 00 I 1;1 I s 1.7-10.00 I GE. I $ 102.00 I (i I s 975.00 POWERIJOOR,150WI120VHPS.CUTOFF MDRA1-5S~r>.12 GE $ 425.00 S 2,55000 0E S 2S000 fi $ 1.~00.00 GE $ 15.415 6 $ a-21100 00 POVIIERDOOR,40'JWI120VHPS,CUTOFF MORA4DSOM£> GE $ 52"500 $ 3,15000 G-E $ 3-4GOC 6 S 2,08ol00 GE $ 21315 6 $ 1,27B9(• ~ POV\I'ER DOOR, 400WI480 MH, CUTOF-F MDRA40E5A2 GE t 41500 e $ 2",400 00 GE $ 2H31JIJ ti S 1,72 00 GE $ 16800 D $ ggt; 00 DE8CAIPT1-0l'i PAATII FIXTUr~I:S II LE.D GVD RTA25C7STM113.C1 DESCRIPTIOH PART" F!XTUR.E, 17SW 120VM.-i. GREENLEE;: l1P-11GHT COOl 7bMH120LVSBRZ FIXTURE, H?W MI MH, G~EENLE.E UP-liGHT ::DB175MHMTLVSBR.Z FIXTURE, ?SOWT ?40V MV, GREENLEE 34479277 FIXTURE. REPlACEME:Nr LENS W.'GAf'-""L 1. GREENLEE 3-420002/COB-RDB lENS FIXTUf{l::, 2-50W 120V MH. GREENLEE UP·\.1GHT COB250PSMH1 20L VSBRZ FIXTURE. RfJ'\.ACEMENT URONZE GUARD 3-4.540002 FiXT;JRE. COMBINATK)N ROCK GUARD 1!o OlRECTIONAl. SHIELD RSC-SRZ FIXTURE, 250 WATI MH GREENLEE UP-liGHT 3447lil059 ROCK GUARD, UP..liG~Il FIXTURE GREENLEE 34540<lO?fCr.JB-RGC-BRZ TOTAL S 101_4-1!1 Oo TOTAL S 66.750.0D TOTAL S .. 2',863.40 Mi.HUFACTUR:EA: GRANVILLE: HOLOPHANE BALANC:;: OF LINE D1SCOU"'JT 0% ~HUAL MANUFACTURER UNIT COST ~~=T~~ -ITOTAL ~~·eo.t~ GReENLEE 77000 4,62UOO GRfENLEE 770.00 4,62000 GR£E:NLH GREENLEE 155.00 I 2-1 3.720.00 GREENLEE 820.00 4,920.00 GREENLEE 1L'IJ oo I 74 2,880.00 GREENLEE 15o.OO I 20 J,COJOO GREE"'U:E 820.00 4,001).00 GREENLEE 1osoo I 12 1,261Jo.OO TOTAL 29,a40.00 AALANCE Of LINE OISCOUNT C% MANUFACT\IRER GRANVILLE HOLOPHANE TOTAL BALANCE OF LINE 01SCOUNT 12o/, MANllfACT'URER GREENUE GREENLEE GR:EENLEE GRfENLEE GREENLEE GREENLEE GREENLEE GREENLEE GREENLEE UNIT COST 54000 540.00 ANNUAL ES"T:IMATEO QUANTITE8 1ot.oo I 24 573 00 82.-Q{II 24 113 oo I 20 578.00 74 00 I 12 TQTAL 8ALANC~ OF LINE DISCOUNT 12% TOlAL (Unit CD&t Kl Otv) 3 240 00 3,14(1.00 2.5e8.00 ::1,438.00 , 968 00 2~.00 3.468.00 888.00 21,-Q1G.DD MAHUFACTURER: GRAN'IIILLE HOLOPHAI'IE TOTAl. RAL ANCE OF UNE DISCOUNT lJ% MANUFACTURER GREENLEE GREENLEE GREEMLEE GAEe!'ILEE GREENLEE GREENi..EE CIREEHLEE GR~NU:Ii QREENlEE UN" COST. 53-5.00 5CI5,r(l "'-'~UM. ESTIMATED QUMTITIE:S S.QAO I 24 576-.oo 1 e 51.70 I :24 M.70I :20 576-.00 suo I 12 TOTAL 81\LANCiE OF UN~ DISCOUNT 0% 85,500.00 'rOTAL (Unit Cost aQly) 3,2:10 00 3.210-.00 2,145.60 3,456-.00 1,24080 1.~.00 3,-456.00 621)40 10,032!1-D tTB 2(114-069 Light Poles Fixturtt and Bases AGC HDSUPPLY SOUTH DADE. AI<NU'-l ANNUAL A,_.NUA.l. DESCRJPTI~ PART IIIII MANUFACTURER UNIT COST I ~~=T~:,i~ ITOTAL 6~~, COlltXI MANUFACTURER UNITCOST I ~~=;.~~ ~TOTAL ~~~-~tx loi..Ad!IUFACllJRER UNIT G08T I ~~=~::~ I lOlA~ ~-:;.It eo.t POLE BLACK VII OECORI'ITIVE_ BASE, Flf',jiSH· BLACK ULlHA MA.Rrl SA70~3CfSP70138 ttAPco I s e aoo.oo I 2 I s 1J.ooo.oo I HAPCO I i 4.H:<J? oo I 2 I $ Q 714.00 I MAPCO 1 s t060.oo 1 2 1 s .2. 120.00 POLE, BLA.CK WI llECORI'ITIVE EIASE, FIN:SH: SLACK ULTRA MA.Rrl SA7013G!SP70131! tl..t.Pco I s Q,ooo.oo I 6 I s 40,8£X) oo I HAPco I s 4.857.00 I !IS I $ :2'9 H:too I tt.loPCO 1 $ 1,c;~:uWJ 1 13 1 s e,360.oo IARM. JPC BlACp{ULTRAMARINt:: riNISfi, t1ADCO I SA7013-2570-P3.CM0307 HAPca I i 2,no.oo J s 1$ 18,32t>.oo 1 .HAPCO 1 ~ U3ZOO 1 e 1 $ 11,5'd2.oo 1 H.t.PCO 1 t: 1,24100 I li I$ 7.-152.00 fiXTURE, 175MH. SMAUSIDEULTRABLA(';KMARINEf'IN15H I S7013A·CBNG175HE ttAPco I s 2.120.00 I 6 I $ 16.320.00 I · HAPCO I $ 1-.Y:si oo I e I s 11.5\JL.oo ~ HAPCO 1 s 1.067.00 1 e 1 ' e,402.oo. FtXTLJRE.175MIICENTCR,ULTRA~AFI.INEBlACKFINISH I S7013-CB3NGP5HE toiAPCO Is 2,120.001 6 IS nl,:JW00-1 HAPOO IS 1,1))~001 6 Is 11.S'92.00J HAPCO IS 1,279001 -6 (3. 7,67·H)(.t FIXTURE 1ow ilOYMH, B01..LAf~OSILVER 1 RF6XKF70HE HAPca Is 2,4moo 1 12 I$ 28,tl:~ooo-l HAPCO I 'S 1,75300 I 12 Is ~1.o:E.oo t HAPCO Is 1,11900 I 12 I$ 1JA280G oooR.BLKALUMMA.RINEFIN,HADC041:>tST I {)1700113 HAPCO Is :to2o.oo1 e I$. t2,1:2'oool H.APOO I$ 1.4301101 e It a.580.oof HAPCO !s 7ttsoal e J$ 4,7aeoo POLE, '14' BLACK SPUN A.lU~1NUM FINISH I 671!l!IOPH18g2-014P1 HAPCO ' $ 1.52~MO J 10 I $ 15 ... Ci0 00 I HAPCO I $ 1.07:!-.00 I 10 I $ 10,730.00 I HAPCO I 'S 931.00 I 10 I s ~.310 00 POLE.25'MOUNTHEIGHTALLif.AINUM~o'x.1a8SHA.FT I 2l-3.85 J HAPCO ~s 1,87()mj 12 IJ 20,040001 HAPCO I$ 1.1asool 12 Is 14,22o.ool HAPCO j'S ~.31tH>al 11 I$ 12.19200 PO...C.25'ROUNCTAPEREOAlUh.11NUf.tW.'SA~E.ARM.Nui&.BOli RTA2~Ci'BTM16-C1 i HAPCO 's 1.120001 12 IS-zo.e4!1.00I HAPCO Is t.noool 12 Is 14,640001 HAPCO Is 1051001 12 I~ 1.2<312.00-POL~. 3B-3"TAP~RI:.OAI.UMINUM S,A,TIN GRO'.JNDFII'<ISH 1 sKfUMl62Q10A l HAPCO ~ '$ 3,2!il0 oo 1 3 1 s t~.Blo oo 1 HAPco f s 2,332.00 I 3 I $ e.11ee.oo I HAPCO 1 5 1./ff.io.oo ~ 3 1 s 5 ~oo.oo POLE.35'DOUBLEARMALUr.tiNUM I 22-958 l HAPCO Is 2,smool ~ j$ 7.71o.ool .HAPCO .t$ 1,825.ooj 3 ~$ 5,47sool HAPCO 11 1,41o.ool 3 I$ 4.4JO.oo POLE. 14' BLACK SPUN AlUMINUM FINISH I 67650P1/1892-014P1 ! HAPCO I -s 1.520 00 I 12 I t: 18,240.00 I HAPCO I '$ 1,tl1JOO I 12 I s 12.8/ti 00 I HAPCO I s 030.00 I 1~ I $ 11,160.00 POLE 25' ~QI...II'Ioll H&;;:IGHT ALUMINIJ~ 10" X .\88 SHAFT I 21-385 1 HAPCO I $ 1,640.00! 6 I $ 9,!).4(1 00 I HAPCO l -s 1.161 Q() I 6 I s 6.0~.00 I HAPCO I s 1,010.00 I 6 I s (1.0015 00 POLE 25' ROUND TAPERFD At UMINUM oVIEASE,ARM, NUT &BOL i qrA25C7BTM16-C1 HAPCO !1 1 100 40 I e I $ 10,256.40 I HAPCO I 1 ,,200.00 I e I $ 7,2<JC.oo I HAPCO 1 s 1,051 oo 1 5 1 s 13.306 oo P0LE,3B'-3"TAPEREDALlJMINUMSATINCrqour-.~DFIN:SH I SKRM052710A tiAPCD Is 35!1.201 6 I$ Z1.067.2D-I HAPCO I$ 2,099'.ool c IS l2.~'d4.aof HAPIJ-0 Is 1.o6oOOI 6 Is 11.1000o-POLE. 35' DOUBLt;; ARM ALUMINUM 22-9513 HAPCO I 5 .2.394.70 I 6 I s. N,368 20 1 HAPCO 1 $ 1,643 oo 1 e 1 s s.sse.oo l HAPCO 1 J 1.410.00 1 -e 1 s e.1.12000 ARM, a· 4-3.0!. T uNIVFRSAL .s.Lu~..t POLE w.1 BRACKET ASSEMBL vi A49200-002' HAPco I 5 416.12' I '" I :s 4.003.44 I HAPCO I $ 295 oo I 12 I s ~.54(J.oo t HAPCO ! 1 ::mw [)0 1 12 1 s. 2.~ oo 00 A;Qj'A, 6' ;24" RISE FOR HAPCO 22-168 PO. E 47007 HAPCO HAPCO HAPCO :1-~.~ 'ji'J N ::~.8~:~~~:~~~:u;~~~~~5R, HAPCO ;:~~7 ::~~ =~~ ::~ : !:~:: SASE, ALU~INUM AlLOY TRANSFORMER TEl1-1! 705\J1 HAPCO HAPCO HN"CO ~ 6,340 00 COVER t'IANlltlotE BLACK ANODIZED HAPCD I 67686 HAPCO I s 64 00 1 ~0 I $ 1,280 00 I HAPCO I s 4500 I 2(1 I s. 900.00 I HAPCO I -s 24 00 I 20 I $ 460 00 covER.HAPCOAlt.J"-1.POLl:,lii'I.NDHOLE 1 65522 HAPco Is 64.roJ 20 1$ 1.2e.oool !i.-reo Is 45ool 20 1 s ooo.ool HAPCO I"S Z400I 2() 1 s. 4MOO DESCRIPTION PARTt FIXTtiRE. 150 W r MUL Tt-TA.P 120v 208-27i'l240 HPS. HCl..Of"'HAN GV15AHPMTAB FIXTURE., 150W 480V t-1PS. t-1CX..O~A."'E (1P<:'I RP I 5AHP4BRG3 F-IXTURE, 1501/t ·180'1 HPS 'iCX.DPHANE (2PC GV15AHP4:8AB3NN~ F'rXTLJR[, 17'::JW T 48CIV MH.MT HOLOPHI'INE W10 GLQeF GV175PM48ABJNNU FIXTURE, 175WT 240V MH, IIOLOPHANE WIO GLOBf GV176PM24AB3NNU F-IXTURE, 150W, 120V HPS HOLOPH.ANE RP15AHP12BG3 FlXTUR[. 150WT 240V ~PS HOLOPHANE WfO GLOEif GV15AHP:24A83NNU FIXl\JRE, 100..VT 277M~ ~~1. WI'STA/IIDARD FINIAL., FUll COVER GV10DMHMTFB3NSBFCVRB FIXTURE, 175WT 120V MH, HOLOPHANE WI'O 01-0BE GV115PMi2AB3NNU GLOBE, REPLACEf..IENl HOLOPHME GV3N CL OBE. HOlOF--'t1ANE REPLACEMENT. #3313 3313 GRA!-NILLE FIXTURES 175¥¥.'1~'*' MH MT GV175PM12AE3NNU M ... INSTREET POLES f-F1803 4-BOLT CLOflES GV3N TOTAL 334,Z2tU4 TOTAL $ 234,867.1,11:1 TOT.\L $ 1(10,002.00 BALANC[ OF LINE DI':3COUNT 0'%-MNUA1. lAANUfACTURE~ UNITC08T ~~=T~~~~ ITOTAL ~~:CO$hl HOL.OPHAHE 862 ~o I 20 13244.00 HOLOPHAHE 9(7001 20 1& S5li;.OO HOLOPHANE U2112 I 20 22.422.40 HOLOPHAHE e64.oo I 70 46,400.00 HOLOPH/o.NE 1.142.68 22.853:8[) HOLOPHANE: 1 os2.00 I 20 21,040.00' HOLOPHANE. 1.150.00 I 20 23,00)00 tiOLOPH,flNE 1,300.00 8,16000 tiOLOPHANE 1,14?.68 I 20 22.853.50 tiOLOPHANE 4~1.20 I 48 20,6QI7.00 HOLOPH~! 160.00 """"' tiOLOPH,_.,.E 1,150.00 I so 57,500.00 HOlaPHANE 50 HOLOp-HANE 431.20 I 50 21,56000 TOUL lOO,l2SI.20 BALANCE OF UNE DISCOUNT 01'k BALANCE OF UNF DISCOUNT 12% BALANCE OF LINI::: DISCOUNT Oo/o MANUFACTURER 'HOLOPHAN"E HOLOPHAN-E ti-OLOPHAN£ HOLOPHAH.E tiOLOPtiMI'E HOLOPHANE HOLOPH""'E toiOLOPHANE HOI.OI'IiAI<E H<li.OPHANE HOLOPHANE HOt.OPt<ANE HOlOPHAHE . HOLOPHAHE UNIT COST ANNUAL 'ESTIMATEO QUAHTITIES 41000 I llJ 663.00 I 20 757.00 I 10 47000 I 70 770.00 I 20 663.00 I 20 745001 :2(l 96200 770.00 I 20 2ll7 oo I 48 11t 00 I 6 770001 ~ 50 2'r!700 I 50 TOT~ BALANCE Of UNE DISCOUNT 12% TOTAL (UnltCMt~ Qty) 11.20000 13-,200.00 15,,4C.OO J2,00(l.Q0 15-,400.00 13-,2-E(l.OO 14 920.00 5-,712.00 ,~,400.00 111,256.00 672.00 38.5<00.00 1.:1,8&1.00 202,530.00 "'WolUFACTOR.ER UNIT COST HOL.OPHANE 408 00 liOI..OP!iAAE 51;18.00 HOLOPHANE 68<l00 HOLOPHANE 420.00 HOI-OPHANE 405.00 kOLOPH~~ 5!1800 HOL.OPHANE ""'00 HOL.OPHNolf 860.00 HQLOPJ-I~E 701.00 HOLOPHNIIE 2650[} H01.0PHAHE 8400 t:JOl.OPtiNjE 701.00 tfOLOPttANE HOLCPHANE 265M MINUAl ESTIMATED QUANTITIES 20 IQ 70 10 20 20 20 " 50 50 50 TOTAL BALANCE OF UNE DCSCOUNT O% TOTAL (Ufllt Cu•t xQty) d.160.00 11.g(JQ 00 13,780.00 ::''tl,400.00 8,100.00 11,960.00 ll,UiO.OO -5,111600 I4,020c00 12,72000 504.00 3ti,050.00 13,250.00 172,26[1.60 ITB 2014-059 Light Poles Firltuea and Bases AGC ,, -' SOUTH bADE > HDSUPPLY · .. ANNUAL ANNUM. -UAL DESCRIPTION PAAT• w-.NUFACTURER UNIT G08T ESTIMATED TOTAL. (UfltCntlll MAJIUFACTURER UI'.IIT COST ES.TIMoiiTEI) TOTAl. ~Unll; (Qat~~; MAt.IUFACTURER: UNIT COST f:::iTIW"lEO TOTAL {Urll.CU.t QUANTITIES Q1yo. QUAN'TtTLE8 Qly) OUAHTITIE6 1.01',') FIXT'-'RE, POWER DOGR FOR COBRA HEAD 400 WATT HPS ~~ RLD-40S3A3 HUBBELl UGHnNG • 170_00 ' • ""'00 tlUBBELL UGI-ITING-• lB6-0C ' • 11200 HUBBELL UOiiTII'tG I 129.00 ' ' 256 00 FIXTURF, ',000 WATT FLOOD WI4024C STEa SL~PFITTER MVL-1000H166-.. I-IUBBELL UGI-InNG I 300.00 6 • 4.800.00 HUBBELL UGHTING • 56600 6 $ 3 3-Qe.oo HUBEIELLUGtiTirtG I 6 s FIXTURE, <\OOW.1120V UH WITH PHOTO CCLL COBRAHb\.U RLC38RLD4DP8B3 11\JBBEI..t. UGI-ITING I 51000 ' I 3,060 00 HUBBELL UGHTlNG • 3B600 • $ 2,160_00 HUBBELL UGIHIHl,;; I }72 00 e ' 1,032 flll FIXTURE, 400W.I480V MH WrfH PHOTO CELL GOBRAH:EAD RLC33FiLD4DP3/'i3 ~UBBELl LIGHTING I 510.00 e ' ;J_C)fj.C) 00 to!UBBELL UGHli!IIG $ 38;000 • ' 2,to&O.OO · HUBBE-LL UGtill~ I 172.00 " • 1.032.00 80;<, a~xB 'X6''M[ TAL WICOVER W1EGMANN RCHD80-8Qo6 11UBBELl UGHTING I 6 $ HUBBELL UGHtiNG $ 6 I HUBBELL U""fi~G I ,9,~, • $ 1H08 FIXTURE., HOUSING FOF< COO-AA f-tEA.D -400 W.A. H ttPS MT RLC-3-3 ~UBBf:LL UGt-lflliG. I -,...,00 3 $ snoo HUBBELL UGHTING - $ >0000 3_ • tJO?.~ HUBBEt.L UGiiTING • 172 00 3 $ M6::-.J TOT....._ 12,330.00 TOTAL. 5,6M.UO TOTAL 2.9Ss.oe. BALANC[ 01 LINE O~SCOUNT 0'% BALANCE OF LINE DlSCOUNT ,2"-'o BALANCF, OF LINE DISCOUNT 0% OESCRIPnCrt PART I MANUFACTURER MANUFACTURER MAMJFN:JLir;tER BOX, 12" X 1:2" X 6'" PVC, JL!I'f_CJIOO I[J.ICVR JP.121?5 IPE)( IPEll: IPEX TOT-"1. • 1Jl-8-0 00 TOTAL I TOTN. I 1s:u-o 00 BALANC-= OF LINE DISCOUNT 0% BALANCE OF LtNE DISCOUN1" 1~1l.t. BALANCE OF LINE DISCOUNT 0% WI I I I I ANNUAL ANNUAL ANNUAL DESCRIPTION PART I MANUFACTURE"R UNIT COST E.SnMATED TOTAL. {Urii.Coata MANUFACTURER UNIT COST ESTIMATED TOTAL {Unit C~l x MANUFACTURER IJNil 0013J ESnMAT:ED TOTAl,_ (Uilft Go't QUANTITIES <l1y} QUANTITIU <>ry} .QUANTITIES .:.;Qty) POLE. 3"0.0. STANCHION MOUNT FINISH DARK Bfl:ONZE SM18.1DB KIM LIGHTING $ 17710 ' $ 1,062.00 KIWI WGiinNG I 110.00 • $ 136000 KW UGttTING I (17.50 ' $ 585.00 IIXTURE, MICf.IO FLOOD 100WJ120V VERSACE EL215GR KIU UGHTING ~ 190 00 3 $ 51000 KIM UGHnNG· t ' • l<lhiUGI-n'IHG I 84.20 3 I 252.00 FIXTURE, SCJI.RAB l50-W-120V VERSACt:: El740GR KN UGHTING. • 22000 ' I .... 00 KIM UGHnNa· I 154.00 3 • 46"2.CO KaiiUGtfTING I 111100 3 • ~57_00 FIXTURE, 24<lW 480V ~r1. K~M SBC5001250MK48010S-P KW LJGHHNG ' ' I t(tii-UGHnNG I ' • K.,. UGHT.,.G FIX lURE, 2'50W \20V t.I:H KIM SSC-250MH 120-DB-P KIU UGHnNG I • $ KJ.MUGHnNG I 0 ' KIM UGHTING 11 .t FIXTUR~. 2'5()W 480V MH. KIM 2PC) :io~ sQ POlE SBC~2"50MH46Q-OBP KIMUGHTING • 6 I tt;III!IIUOHTINQ. I • • KIMUGHTINO ' FIXTURE, ALUMINUM P.'.R 38 KIM El740GR KIM UGHTING • '220.00 , I 2,1340.00 KrM LmHTING I 15400 " $ ,,u:auo I'OMliGttTING. I 119.00 " I• 1.4:?8_00 FIXTURE, KNUCKLE SURFACE MOUNT FOR KIMEL 740GR J27NGR KIMUGHTING I 87.00 12 I 1,fl44_00 KIM UGHTING I 57.00 " • 68-41JO KIMUGHTING I 27.70 " $ :332.40 POLE 3" 0 D ST ANC:HION UOUNT FIN~SH: OARK BRON2"E SM18lDB KIM UGHTING I 155.00 e I (lj(U)() KIWI UGHnNG t 110.00 6 ~ 66000 KIM UGHTlNG _j_S "'·"'1 6 -1$ 585.00 FIXTURE, 1751/'1 Mlll n Mrl, KIM Wf4"'SLIP HT IM/SEIC300117~MHQUAD1 KIM LJGHTING • 6 I KIMUGiinNG • • • KIMt.JGHnNG FIXTURE, 17SW 480V MH, KIM 2PC 5~ SO SBC501Ji175MH480rDB-P KIM UGI1TING • ' $ Kli.tiWGHnl'tG I • • KIMUGHTING FIXTURE,. ,75W 120V UH, KIP..! S"SQ PO.._E SBC500f175M1 ~01'0B-P KIM UGI1nNG • • $ KIM:UGHmtG I • ' KJMUGHnNG FjXTUR~ 150WI120\I PM~i DARKtJRDNZE PC HDS Al-L 12 KLM LJGHfiNG I 770.00 , I 9,.240.00 ICJM LJ-otiTING I ::.-45>.00 , • 6..5-<10.00 KIMUGIHTING T1 ... .ooT , .Is 5,'976.00 FIXTURE, 70. WT MH. 27T'IUPLIGHr FINISH·OAR~t; B-RONZE Cfli5 KIM UCJI1nNG I 47000 , I '.;l,640-~ K1M U-GHliNG I 33000 12 • 3\liJ(lOO KIMUGHTir4G • 278.00 12 $ 3,"33600 FIXTURE, KIM \o'ANDAI.. RESISTANT ROUNDBO...LARDllGHT GRA VRB3 KIM UGI1nNG I 1,-447.60 , $ 11,31~_2{1 KIM UGMTING I 98500 " I l1 82(l00 KIMUGHTING I 832.00 " I 'G.'im4.00 lf:NS. Cl F;,o',A: ACRYUC K.IM El" BOLLARD B30-8RL-CLEAR KIM UGHnNG I 34C.OO ,, I 4.0&0.00 MIM LH'JtlTI!tG I 240.00 ,, $ ~ SSO.OD I(IM:UGHTING • 115.00 , • .2,100.00 TOTAL • 4:,,2)7.80 tOTAL I Z9,5-U.M TOTAL • 2 .. ,'1UC1.00 ~ALANCE OF LINE DISC:OLINT 0% BALANCE OF LINE DISCOUNT 1~~ BAlANCE OF liNE DISCOUNT 0% ITB 2014--069 Light Poles Fixture-s and Basel DESCRIP'TION PART ill ARM KING DE CORA. TillE£' LIGHT FOR STAR ISLAND KA63-1-2-BLK ARM, BLACK e: CN~ DECORATIVE SCRCX..l FORTfA.R DROP KA30..T·1-6 ARM, rtAr·mW"RE K2()5-EGS FIXTURE, 250MH 48{]VMOGUI .1'\iNO TI=Af-l.OROP K~05-I::.G::i-III-MH-25GM FIXTURE, 17-5MH 46-QV BlACK OCTAG~Al POST TOr" KI.K56STEAR:II1754BOB FIXTI)R:(, 17-t.W12CV 1:W-K12-HSs-GR, WI FINIAl.. ~~STAR ISLA 120-K12-HSS-GR A.SSE'"-'BlY. PLUMBi.IIERK2D5-f"O::, K205-EGS GLOBI:, REPlACEMENT "GLOBE ONLY"' K118-F.AR-I1 GLOBE, WITH GOI.D RING AND I-INIAL #1 1<.11-8-EAR-11-GR GtOBE. GOLD FINIAL ONLY 111 K11fl-EAR-11-F LEr-.1-S, LITtiONIA REPLACEMENT, iRK1-VR4CPl RK1-VR4CPL FIXTURE, wr: LOCA H::JN FLOIJRESCENT 4 FOOT t-'MP XWL232MV AGC MAJIUFACTURER UNIT COST KING l.IJIIillru.iRE !,96885 KING LUMINAIRE ~.003 44 KING LUMINAIRE 22S.14 KING LUMINPJRE $ 1,50387 KINO LI.JMIN~E $ 1.5500C KING LUMIN.u;!E I S 1.Dl0o 26 Klt+G LUMINNRE I s .250 00 KING LUMINAIRE I 1 832 33 KING LUMINAIRE I S 000.00 KINO LUMINAIRE I $ t!OO.OO liTHONIA liGHTING I s 12'0 00 liTHQtjiAliGHTING I !i 170.00 ANioiUAL oESTIMA'JEO QUAHTITIES TOTAl BALANCE OF liNE DISCOUNT 0% TOTAl IUniiCNlxl 01>) 11,81310 6,02064 1,J.Ge.a4 1),[}2202 "300.00 ,, 6:35.56 4,Q-Q3.oe ~.40000 5,400.00 120.00 1,02000 159,154..,. flO SUPPLY UANUFA.CTUR'ER: UNIT C0$1 KING LUMINAIRE: 1,11~.00 KINO LUMIIWAE 646.00 I(IHG 1-UMIH.o\IRE VB6.00 XING LUMINAIRE ga7 oo fCJNGLUMIHAIRE" 1,098.00 :JC:ING LUUDIAIRE 1,0:3.3 00 KiHG LUWiNAIRE. 15:3 00 KING l.UMINAIRE 472 00 ICIN-Ci LUMINAIR~ 637.00 KINO LIJMINAIRE 637.00 UUIOMA UOIHJNG 7900 UTHONA UGHTING 116 00 """""-ESTIMATED QUANTITIES " TOTAL BALANCE OF LINE r11SC0l:NT 1 Z"tb TOT .Ill. CUnit Cwhl 01>) 6,ofl7800 3.-876.M !i,796.00 5,'<122.00 6.588.00 6,198.00 1,83600 2,B32.00 3,sn.oo 3,821.00 474 . .00 600.00 .a,S.&O.OD MANUF.o\Cll.IRER: KING l:IJMfi'WRE IOHG t.4JMLHNRE KING t.UMINAIRE KING lOhi:INAiRE; KING LUhtiNAIRE KING WhlfHAIRE;: i(j~WMINAiRE KING UJMINA4RE KII'IG LUMIN~RE KING lUMINAIA:E UTI-IONIA UGHTI~ UTHONIA WGHTIHO SOUTH DADE. IJP41TCO$l \,120 00 615 00 ~85 00 ~!l-5.1JO $ 1.10(].00 5? 00 13000 il?!io,()() 64200 B-12.00 4335 1700 .v.INUAL ESTIMATEO QUANTITIES , TOT,t,L BALANCE OF IINF OISC:JUNT J')og lOT AI.. (Unit C~~ol '""'' 6,7'2000 3.5iiC' 00 5,910.00 5,910 00 D601JOG 'J12 00 2.&50.00 3,65200 3,852'00 200.10 40:1'00 41,!il7a.,O ·oESCRIP'TION PART. MANUFAC:TUR!R ANNUAL UNIT COST: f:. f:STIMATED QUANTITIES Al<NUAL· I I I I """""'-' ............... 1 .................. , ESTtMA,TED TOTAL IU c t'jj MANIJF,o\CTUREpt · Ui'IITCOST ES.llMIIITE.D I TOTAL ~u neoat lUTAL. .6~-:;'Ut~$~1 QU ... NTITJE9 Qiy7" e' QUANHnE.;S aQt~ MANUFJ\"'9''"""' .. UNIT COST POlE, 4.5"112' WHITE. lOUIS POVLSOO 1 7035001 I Louts POULSEN I $ 1.1 ro oo I t~o ~ s 23.'100 oo I LOUIS POOLSEH I s s2a oo I 20 I s lB.-56o.OO I LOUIS POIJLSEH 1 $ 6~J oo 1 20 1 s. ~a.se.o oo 00 :~~:=:~~~:::~~~::::~::~=~E ~:~~~~~~~: =:::: ~:::::~:: ::::~:: : ~::~~: ~ POI..E,oi.5"112'WHITE.LOUISP'DULSON 7035001 LOIJISPOlJl&EH k..OOI&POULS.EH LOUISFOUlSEN S 8,316QO POL~, ElASECOVEA. LCUIS POOLS EN WHI'fE 147-0D23WH1 LOUI3 POUL.SEH t.CUIB P~L.S.EN LOI.iiS.POUL.SEN S ::tal 20 POLE, !3ASI:COV[R, LOUIS POULSEN GREY I 1<170:267G"!I I LOUIS POULSEN I 'li 200o.OO I 12 I s Z.400 00 I LOUIS POULSEhl I s 111!:00 I 12 I s 1,392.00o I LOUISPOOLS"N J s 65-60 I 12 I s 787 20 COVER, HAND HOLE RSA4 s·-12· cOLoll~ WHITE I 224758 I lOUIS POULSI!N I $ 100 2a I 12 I $ ,,27512 I LOOtS POULSEN I $ 65.00 I 12 I s 1sooo I WUIB POULSEN I $ n.50 I 12 1 s ?B.( oo covER.HANDHCt.ERSA45--1rcot..OFtGREY I 224752 I LOUI3POUL.9EN Is 10B26I 1:2 Is 1275-121 LOUISPOULSEN I$ B~ool 12 Is noool LOUISPOUL.SEH I$ n5al ~2 Is 2B-200 covER..HANDHet.tRSA5··o1aa-12"COLOR.GREY 1 2'8002 1 LOUISPOOLSEN Is 14C>ool 12 1$ 1e.&a.oo1 too~s.rouLe.eN ll G7ool u 1$ 1,1&4.001 LOUISPOOLSEN Is nsol 12 11 2e.z.oo FIXTURE, SATTf.IAX, 15.0W MH f0..28 ... ~0G120i27N WHITE RSA. 4.~ 5149~Ct21H I LOUIS POULSEN i $ 2,46000 I 12 I $ .. il' 520 00 I LOOLS POULSEN I $, 1.740.00 I 12 I $ 2(1.~6000 I LDL!IS.POULSEN I $ 1.575.00 I 12 I ' 1B.9(,f) OIJ FIXTURE,SATTMAX,15.QWP.IHED-28MOG1201277VGREVRSA-I.~'I 6149902112 I LOUISPOULSEH r~ 2,46uuol 1:2 I 'J 2g.5zo.ool LOU(SPOULSEJII I$ 1,Nw.ool 12 Is 20,8fiOOOI ·LOUIS·POUL$Eh' I$ 1.575.ool 12 I ti 18.90000 FIXTIJRE.175WMHSA.TT-I.AAXlED-26MOG120f277VWHITE45.RS4 6C4000i1M I LOUI!JPOIJLSEN I$ I l2 Is . I LOIJ~POUL!3-~N I$ I 12 Is -I LOOISPOUL.$EN I$ I 12 FIX:TURE.115W.V.JLTU.4H,ED-2.eMoout.120.1177VC3REY 1 s04oc-o1111 1 LOUISPOULSEN I'S -1 12 Is. • 1 LoutsPouLsEN Is • 1 12 Is -1 LOOISPOUlSEN Is . 1 ;2 F:xruRE. sATTl.IINI, toow MH ED-n MEu 1201211, GREY 1 ~r4i'91ose5 1 t.ou1s POULSEN 1 ~ 1.ang:z 1 12 1 s 1Qo.~7 04 1 LOUis POUL.SEN 1 "J. 1,ns.oo 1 12 Is 13,6:2o.oo 1 L.ouls POULSEN 1 s wo..oo 1 u ~188000 f.IX.TURE, SAITMINI. 100W MH ED-17 M£0 1201217. WHITE I 5747914771 I LOUIS POULSEN I :$ 1.61:'.92 I 12 I $ 1'il',Jti1.M I LOUIS POULSEN I $ 1,13500 I 12 I 5 13.B2000 J LOUIS :POULSEN I ' 900.00 1 11 11.158000 TOP SHA.Df, SATTI;.LLITE MAXI. COLOR. WHITE I 574729-"\258 I LOUIS POULSEN I $ 745.00 I 12 I $ 8,940.00 I lOUIS POOL.SEN I s 528.00 I 12 I $ 6,33t3.00 I lOUIS 1"0\JlSE!'I ~ s 403.00 I 12 4,B3Qr)O TOPSHADE,sATTElLITEMINI,coLOr.l·wHifE 1 t.7472Q1106 1 LOulsPOuLSEN I$ .asa.ool 1:2 Is ~.a32ool .lOUI&POO·UI!~N 1~ 345-.ool 12 Is 4,1..:oool LOUJ$f>QuLsE~ .l1 224.001 12 2,68800 lOP SHADE, SAiTELLilE MAXI. COLOR' GREY I 5747291258 I LOUIS POULSEH I $ 745 00 I 12 I $ ll,'il40.00 I LOUIS POULSEH I $ 528 DO I 12 I s 6,336.00 f LOUIS POULSEN t l 403 00 I 1.2 4.83600 TOP SHAD(, SAT rELLI!E ,..rNI, COlOR. GREY I 5747291100 I LOUIS POULSEN I S ~.oo I 12 I $ 5,1332.00 I LOUJS PQIJL.SE'-' I S 345.00 I 12 I $ 4,1-«}.00 ~ LOUIS POUI.SEN t :$ 224.00 I 1.2 :?.,1]8800 POLE. <15"112' GREY, L0t11:S POlJLS~ I 7035003 I LOUIS POULSEN 11 1.170.00 I 12 Is 14.~00 I LOUiiPOULSEN I 'li 826.00 I 12 I s 9,93e.OO ~ LOUIS POULSEN f 1 603.00 I 12 tl-,316 00 POLE, 4.5"112" BlACK. LOlliS POUL50N 1 70350.02 LOUIS POULSEN ll 1 ~ ro oo l ~;;. I $ 14,040.00 I LOUnl POULHH I $ 828 oo I 12 I s 9 936.00 t LOUIS "P'OVUIEN t '$ 693 oo I 1:2 8,316 00 LENS.(;L~H:,S.ATT<'J:AXI,LOUtSPOULSONFIXTlJRE I 67472~1232 LOOISPOULSEN IS 460.00~ :24 Is. 11.040001 wtrJ!'IPOULSEH l:t 32'3001 24 I$ 7.752.001 LOUI:S:POU~EN t1 :>13001 24 '5,t12.00 LENS,CLE"AR. SATTMlNI, LOUISPOlltSONFIXTURE 1 57472G109e LOUIS POULSEN 1 s Ho.oo. ~ 211 1 :t o~,oso.oo 1. LOLII8POOL&EM 1 'li t2o.oo 1 2-1 1 s. 2.s.eo.oo 1 Vli.JI~Pou~EN It ea.oo I 211 2.11.21')0 FIXTURE,,50w MH SArr,MAX/Eo.?BMoG120.1:lnv BLACK 4.5"~ ED-:2t~MOG12onnv j LOUis PouueN ll 2,a.25 m I 12 I $ :l1,SJ6.11o I LOUis POUL.SEH I ~ 1,ns oo I 12 I 5 21 s313.oo I Louis Pcul.IEI'I 1 $ 1,812.M 1 12 19,3-1400 P05l MauNIED LUMINAIRE SATELITI MAXI-WH•Tt: 100w MnAL ~ #SATT -MAX390 l LOUIS POULSEN I s 2.1C2to I 10 I $ 21.021.00 I LOUIS POUL.SEH I s 1.82'B oo I 10 I s 18 2.eo.oo} LOUIS P"OUUIEH: I s 1.661 OQ I 1CJ Hi.EI1o.oo POLE I #RSA-4-WHITE-12FT j LOU~ POULSEN 11 1.230.4e I 10 I s. 1j\:J04 60 I LOUIS POOLSEN I $ 89300 I 10 I s. 8-9::.:J.OO ~ LOUIS POULSEN 11 755 00 I 10 '.~'"(100 Pa..E,o1.5"/1TGREY, LCUISPOULSON I /03~003 I lOUIS POULSON 11 11,t70J)'} I 2\J 223,400 00 I LOUIS P.QUL..$EH I ~ B;l:!i 00 I 20 I s 16 560.00 ~ lOUts :POUlSEN ~ 'i B93 00 I 20 I $ 13.860 00 PU..E,-1.5"1)2' BLACK. LOUIS POULSON I 70351]02" LOUI3POUL.SON I! U7000 l 3 3.510001 LOUJ8POUL9EH I$ B28DOI 3 l5o 2.4M.ool LOUISPO\.ILBEN ~:$ 6ttJool 3 IS. :2:.07~00 TOT .Ill. 522,731!!.32 ___ _ _ TOTAL S __ 2~..2..~~~----·--·-TOTAL l._ _ _____!!I.._127.40 BALANCE OF LINE DISCOUNT CJ% BALANCE OF LINE DISCOUNT 12% 8AlA.NCEOF LINE DISCOUNT O% ITB 2014-069 Light Polea Fixture-• ~d Bases ;,,;·, AGC ANNUAL DE~CFIIPTION PART I MANUFACTUREJI ~NIT COST !.STJMATED TOTAL {IJniiCe»aotx QUMinTIJ::J Qlyf POLE, 11' 9" BLIIICKFIBERGLAS.S MAIN:STRFFT 4 BO:..l FfHI03 4-BOL! t.IAit<jSTREET UGHTI/IIG $ 1,410 00 .. I 67,68000 DOOR, 12' H!JERGLASS POLE HAND C\IR 6lK FF1MO u.-.NSTREET UGHTING • 14[) 00 ,. ~ 3.300.00 TOTAL 71.0-40.00 BALANCE OF LINF DISCOUNT 0% I PART I I CIESCRIPTIOH I MANUFAClURER I· UNIT COOT I· !~:~~D ITOT"t jUnlt COIIt X' I QUANTITIES Qty) COVER. HANOHOLC, P & K ALU\t c 310448 P-&K Is \"JOOOI -& I$ 540.00 TOTAL BALANCE OF LINE DiSCOUNT Oo/, ANNUAl.. DE-SCRIPTION PARTil MANUFACTURER UNIT COST I:SfiMATtD TOT AI.. (Unit Cast llll QUANTITIES Qtw• PHOENtX ' ttO 00 " ' 1, PHO€N1X • U150.00 11 • 1a, ------PHOENIX ' 1.480.00 " s 17, PHOEJoi1X ' 5:JO.OO " $ 6, PHOEJoiiX It nooo I " I ' 2.040 00 PliOENlX ' 1.650 00 12 • 1Q,800 DO PHOtNIX I t.650.00 to I 11lo &lO 00 TOTAL • S:.t,5!-0.00 BALANCE OF LINE DI:$COUNT 0% ANNUAL OESCRIPTION PART II MAHUFACTURE"R UNIT COST :ESTlMATED lOTM. (IJiii Co.l K Ql,I.AI'(TITIE8 "'>I POLE, 22 f'RFSTRESSCD CONCRETE OAt. TYPE-t.'O 2-3/8" 00 n!SU PRECAST :SPECtALTIE8 s • •. 200 00 .. 21 600.00 POlE. 25' PRE.SlRESSEDCONCilETL, OA.L TYPE-1!0 2-3·i8"00 25-iSU PRECAST SPEC-IAL TIES $ 1,30000 12 1S60000 POLE, 15' PRE.STRESSEDCONCRETf, PANEL I·SU P-RECAST SPEC-IALTIES • '1,100 00 10 11,00(100 POLE, 25' PF~ESTRESSED CONCRETE, OAL TYPE.· l·SU OAL TYPE-1-SU PRECAST SPECIALTIES I $ '1,300 (){] I 18 23,400.00 TOTAL 11.60<1.00 BALANCE OF liNE DISCOLIN' 0"''; ANNUAL OE~RIPTION PART'il MANUFACTURER IJNITCO:ST ESTIMA115D TOTAL (UnHCIHil:ll Ql.JANTITIES Q1yl PULL BOX:, NO COVER 1 J" X 24" X 12" ElECTRICAl PG1:324BA12 QUAZITE I 14<100 100 $ 14,000.00 PULL BOX, 1T' X30" X 16-WITH COVER QUAZITE:. PG17308A18 QUAZITE I 78000 " • ~8,720 00 COVER. ()NL'{ 5LECTR:CAI. 13" X 24" X 12" PG 132o4HA0017 QUAZJTE I 200.20 120 I 14.02"1\.Xl COVER, 11")(_30_" ElEGTR.IC BOLTOOWNPULL E.IOX PG 1730HA001 ?_ -QUAZITE I 23000 ' $ 1.38-0.00 TOT4L 511,,24.00 BALANCE OF LINE DISCOUNT Oo/o-,_ -----· ------------••• ',,,, HDSUPPLY ANNUAL MANUFACTURER UNIT COST ESTIMATED TOT"'-, (U1JII Co&1 X Q'IJAHTITIE:S Q~y> MAJNSTREET UGHTING s ~g.7,00 4B ' .!17/1!*100 MAINS fREEr UGHTING $ _62,9(1 ,. I t-oea~ TOTAL. .tl.fl,62-4.00 BAlANCE oc LINE DISCOUNT 12~ MANUFACTURER I UNITcosr .. l E~:~o ~~=:~-=~~.t~l QUANTITIES Qt~) _ P&K 1:$ wool e I$ 360.00 TOTAL. $ 360.00 BALAN-CE Of UNE D~SCOUNT 12% ANNUAL MAHUFACTliRE.R t.HIITCOST ESTIMATEO QIJANTIT!E8 PHO!Ntx $ 0000 12 PHOENIX $ 1,1B9 00 12 PttOE~IlC $ 1.05J.OO 12 PHOENIX • 37e oo 12 PHOENIX $ ,~, 00 12 PHOEIU • 0,147 (i(] 12 PHOEIIX ' 1.147 00 '·D TOTAL BALANCI:. OF LINE DISCCUNT 12% ANNU,Id,. MANUFACTUMR UNIT COST E&nMATEO QUANTITIES PRECAST SPEClAL TIES I ~4500 ,. PRECAST SPECW.. TIES I 87300 " PRECAITIPECW..TIES I 164.00 10 PReCMl -SPEctld. TIE:& $ 873.00 .. TOT A< BALANCE OF LINE DlSCOlJNT 12% ANNUAL MANUFACTURER UNIT COST ESTWiliiTEO QUANrtnE3 QUAZITE • ·-~:)(){)0 IUD QUAZITE ; 08<0 24 QUAZITE $ 12Q-70 "" QIJ"llTE $ 1~70 6 TOTAl.. BALANCE OF LINE DISCOUN112~1ii TOTAL. (Unll C.o11 x '·QOyf • "IJ-5000 $ 1408.00 11',ti360Q ~.511.0(1 t-15:2.00: ~ 11,4"UII:.J U,W.DO TOTAL (Unit Cull Qtyt I 15.2'000 I 10,4]()00 • 7.B~O 00 I 1'j,714.00 I "-9-,240.00 TOTAL (Un• Cost x QIYf I 49::1 o<:".oo • 21£1.60 I 15 56400 • Qo04.20 511,58!1.80 .;, SOUTH DADE '' ANNUAL MANUF'ACTURER UNIT COST IE&TIMA~D lOT AL (Unll Co$t QUANTITIES ll Q1y} fi,I.-,INST~EET LIGHTIN13 I ~.060 00 .. ' 50,8M 00 hiAINSTRIEET LIGHTING -I 63.00 24 I __ ':_,S1200 lOTAL 52.392.00 BA'--A.NCE Of UNE L1•5COUNT 0% hiANUFACTURER l I AN"""'-I UNITOOST ESliMAlED TOTAl (IJnlt Co:o11t QUANTrTIES 1 Qty. P&K II 40001 Ei TOTAL BALANCl OF LINE LiiSCOUNT 0% ANNUAL MANUFACTURER UNIT CO:ST EST ... ATEO CUAiiTITIES PHOEJoiiX I 62.00 " .P-HOENIX $ 1,20700 12 PHOENI)( s 1,DMIOO 12 PHOENIX I 371.00 " :PHOEJoiiX ' 107.00 12 PHOENIX $ 1,20700 I? :PHOE'NI)( s 1.i07CKI 10 TOTAL BALANCE OF LINE DISCOIJN7 Co% AUNUAL M"'"UFACTURER UNIT COSl EStlMA.TEO QUANTITIES PRECAST SPEClALTIES I 436.00 .. P'REGAST SPECIALTIES-I 46000 12 PRECAST SPECIALTIES I 37500 10 ME CAST SPECI.ALTIES I 460.00 " TOTAL BALANCE OF UNE DISCOUNT 0% ANWUAl., MAJ.IUFACTURER IJNIT COST EBTIIM.lt:O Cl.IAHTITES QU...Z.rt. I 12:),00 toO QU~E • , ... 00 24 QU~E I 13700 120 QUAZITE • '15;..oo 6 TOTAL 8AL.ANC!:. OF LIN~ DISCOUNT 0% 24000 240.00 JOTAL [UnilCot.l ~ Qty. 60,478.00 TOTAL jUnit Cost JIQtyt I 7.843 00 $ 5.e2lU)O $ 3,750.00 I 8,442.00 $ 2:5,061.00 TOTAL (UnltCosl ~Qtv) $ 12.300.00 $ 4,410 00 • 16,44000 • 95<1.CJQ-~.HO.O:C. ITB 2014-0.69llght Poles. Fixture• and Ba-ws ' AGC HO SUPPLY SOUTH DADE ANNU"L ANNUAL ANir.I~AL DESCRIPTION PART I-MANUFACTURER! UNIT COST ESTIMATED TOTAL (Ut'llt Cost J1. MANUFACTURER UNIT OOST ESTIMATEC TOTAL (Unit Cot.ll! MA.HU F AGTURER UNIT COST ESJI~A.TED TOTAL (Unl~ Cost QUANTITIES .,.,., QUANTITIES Qty) QUANTITI'ES xQtyl COVEA, 1'2' ROUND ~mK WEATHER PROOF SSB REO DOT • 3CO 12 I "'"" RED DOT I " $ REO DOT I 076 ,, I "' COVER. 1.12' HotE ROU~DW[~THEf~ Pf':()Uf-S1 REO DOT • 400 , I 4600 REO £lOT I ,, • RE[)IJOT I ,, , $ 13..44 t-oiAL 84.00 TOTAl 22.56 DESCRFT!OII PMT I MAiroiUFACTUR:ER MANUFACTUR!=~ MAHUfACTUR~ POLE, I<'' RITORNO COMPLETE ASS'T' RRA1H150T!\.S\o'240f<.f>1<'Fl:Eti RRA-1-H150T6SV2-40 SELUX SEI.lJX, SElUX TOTAL 7-8,;800.00 20.448.01) TOTAL 18,846.00 ~ALANCE OF LINC DISCOUNT U% BALANCE OF LINt;:. LJISCOUNT 0% BAlANC::: OF LINE DISCOUNl 0% ANNUAL ANNUAl.. ANNUAL . DI::SCRIP110N :PART I MIANOFACTURER UNIT GOST ESm·•ATE;C TOlAL (Unit Coat MANUFACTURER UMTGOST ESTIMATED TOTAL ,1..1-1111'1: Co1111 x MANUFACTURER: UNIT COST ESTJ!,IATED TOT~I,. (UJJQC-9sti QUA.NiHIES CIIJ'I QUANTlTIES Qty) QUANTmES :.Qty} FIXTURI . llOOW Mt-1 PARAFLOOO LIGHT MUL Tl-PARA400MA-8 3TONCO ' 1,020 DO ' I (1,12000 STONCO s 12200 • I 4.33200 STOtriCO $ • I TOTAL -8,120.00 TOTAL 4,332".00 TOTAL BALANCF OF UNE D1 SCOUNT 0°k BALANCE OF LIN[ OISCUUNI 12% BALANCI:. or· LINE DISCOUNT 0%. DESCRIPTION [ PART 1: UNT COST UNIT COST """""" ANNUAl ANNUAL I I I I I ESTIM,.,TED IOTAL IUnJtCo•l-.: ttANUFAGTURER UNITOOST ESTIMATED !totAL (lJnltCa.~111 MAI'ft.IF..I I I I,..,,,._ ,u .. <,._.,,., 00 QUANTITIES Qty) QUA,mTIES 1· Qtyl ·-1 auANTITIES }I Qty) MANUFACTURER GTURER CJ) I POLE. 13· smfs~cRETc, coLoR: ECLIPSE. FIN:HCHED KTH1.3FBPGTFBFSSE10AG STRESS CRETE s J.4oo oo 12 $ .wBoo.Do s.mESSCRETe s 2 -451) oo 12 $ 29,400.00 STRE8SCRETE · $ 1,ssoua 1-z s 2.2.5i5D (]0 IPOLE,t3•STRESSCRET-E.COLOR:ECliPSE.riN:t.TCtiED I KCC12-G-S11-FC r STRESSCRHf J$ 2,900001 12 s 3480000 e.mEEJGCRETE" s 2431.00 1~ I$ 29.1'1"2001 SlRES~CRETE Is 184.9001 12 It Z2~7(:(l0 .POlE: 1~· PATIERENEOCONCRETE COLOfl;:Ect.tPS£ BLACK. o1ru:1 KCG12-G-S1D-DB l srto:esscRETE j s J..2oo oo 1 o~ 1 1 12 soo.oo 1 .s.mEsscRETE Is 2.2s:!.oo 1 4 1 1 o.o·2 oo 1 sTReasGRerE 1 s 1 m.oo 1 4 1 $ s no oo POlE, n PA.nERENE.U GONC~ETE. cot.o~:I.IIDNIGHT LACE, P~ KCH22..S10CI\I\tHG-20i3J..OO t STRESSCA.EtE j s J,soo oo I e I $ 22.soooo I STRESSCRETE I s 2,79'5.00 I 15 I !1-u;u7o oo I STRES:SCRE"TE 1 $ 2,2sooo 1 6 1 s n soo oo P"Ol..E22.PATTE~N~[)CONCflnE.COLOfUdiDN~GiiTL.ACE.P~ KCH22-S10ClVVH020 S.TRESSCRETE Is 3..700001 e [$ 22,5lloool s.TRIESSCRETE Is 2,noool 6 I$ ,o.J~ool STFIESSCRETE I$ 2,no~ool s 11 13-04~00 OESCRJPT:ION :PIUITI ...,....UFACT\JRER "B.tibi!;UIUUo:ns .dttWMI 10W METAL HALIDE BAL1.A.S1S SYLVANIA. 100W METAL HAIJD.E BALLASTS. S"''LVAHIA. 1~W ~ET,II,L HAUDE B.6J..l..STS SYLVANIA. 175W MfT Al HAliDE BALLASTS Sl'LVMIA. 250WMETAL HAliD.E 8Al.LASTS SYLVANIA 400W METAL HAliDE 61\LL.ASTS SYLVANIA maow ML:l.fo.L HALIDE BALLASTS SYLVANIA 70W METAl.. H.ALILlE MLL~lS SYLVAN!A 100W METAL. HAI..IDE. BALLASTS SYLVANIA 17JJW M{:T AL HALIDE BALLASTS SYLVAHIA 250W MFTAL HALIDE BALLASTS SYLVANIA ~OOW MET /JJ.. riAL IDE BAlLASTS SYLVANIA 1000W METALI-W.IOEBALLASTS SVLVAJ«.A. TCHAL BALANCE OF LINE DISCOUNT O% UNIT COST 12000 155.00 155.00 AIHIIJAl UllMATEtl QUANTITIES 200 500 ,00 soo i'OO.OO I 100 200.00 I 100 250 oo I 50 120.00 I 100 155.00 I 200 1t:Q.OO I 50 19ooo I 50 20000 I 50 25000 I "::{] TOtAL BALANCE OF ~INE DISCOUNT G% 133,700.00 TOTAl. $. 100,11i14.00 lOTAL. -$ 78.,000 . .00 TOTA.L. (tJntt Cos1 • Qtr• 2-4,000.00 77,:500.00 15:500 00 77;500 00 I'J,OOOOO 20,000 00 12,~00 12,000 00 31.000 00 7,75000 Y,500 00 10,000 00 12,500 00 m.1~.-oo BALANCE OF UNE DISCOUNl12% ANNUAL MANUFACTURER UNIT COSl ESTNATEO QUANTITIES SYlVANIA 4760 200 SV\..V""''A 4770 500 SYlVANA 52 25 100 Sl'L'W'ANA 376~ I 500 SYLVANIA ~~ Lo I 100 SYLV.AHIA 4e.tJO I 100 SYLV'AHIA. 8J.es 1 su SYLVANIA -4760 I 100 SYLVANIA. 47.10 I 200 SYLVANIA S.2.251 5IJ 9'r'LV'ANIIA. 4120 I 5o SYLVANIA. 46 eo I 50 SYLVAN:IA -83.<15 I 50 TOTAl BALANCE OF liNE O~SCOUNT 12% lOTAL (Unii:Col.txl Otvl 95:10.00 231)50 00 -5 ,~5 00 '18.82500 4,120.00 4,660.00 4,162"50 4,70000 9.54000 2.612".50 2,060.00 2,330.00 4,18Ze.'J !lti,MT.SD BALANCE OF" liN£ DISCOUNT 0%-MANUFACTURER UNIT GOI;IT ANNUAL ESTIIU.TED QU,t,N11"J'£S S'\ILVANIA 1"320 200 SYLVANIA """ 500 SYlVAN~.\ 15:50 100 SVl\I'ANlA ~32-5 I 500 SYLVANIA 1D 60 I tOO SYLVANIA 10.eo I 100 5YLVANIA 21.00 I 50 .SYLVANIA 4190 I 100 SYLVAMA <~e2DI 200 SYL'VANIA. so 50 I 50 SYL\I'AHIA 40851 w SYLVANIA 5051JI !i:1 SYL'VANIIA 82.151 50 TOTAL BALANCE OF LIN-E DISCOUNT 0% TOTAL (UrWt.Co.t xQtyJ 2,64000 6.600 00 1,S.SOOO 6,62500 1.00000 1,060.00 1,050 00 4.10000 9,24000 2,5-2500 2:,042 50 2.5:25-00 4,107 5(l .&5,2'150.0 00 ........ ITB 2014-069 L1ght Poles. F~xtul&'S and B;J;t" CESCRIPT!ON PART I-BASE 14~ X 18" :X 4' C~CRETE. ~BOlT a· BOLT CIRC I_Pfl11POULSON4-1 '20T SASE 14" )( lB-' X.4" COOCRETE.-4 BOlT 5" SOL T CIRC LP!32,'r-!APCC 3--3!4"BT DESCRIPliON f'ART Ill I FIXTURE,100WT,11'0\I,f'OLE Wl-'l UNO SOL HPS R~Pl·100:--IP·12.SK·-33-DESCRIPTION PART :I POLE, i3'8" 3BCx.TA.OliNDSP1JN ,&,LUMiNUMV.'J.MONT 1 ~8-T3P2-HH IJESCRIPTlON PART I GLOOE. CUSlOiw'l WHIT::-ACR:YU(; DRUM NO METAL F<;INGS CUST:JM I A GORCE GLA.SS, REPLAGFMENT PAI'IEL l-OR FIXTURE MOTHER PEARL CUSTOM HOLOCAUST '-EMOFUAL GLASS> C'ILINOER '>ACRYLIC" B''OiA X 2'4" X ti'4~TH X 23--314" CLJSTOM EEACHBOWL OESGR:eiiTlON .P-ART I DOOR ~0' 8LK fo..Ll.JM POLE ACCf.::ii:> WLDR07S DESCRIPTION PART# 1->a."', ~"X 4" SO RBERGL.ASS, :J.e"l, 2<!;/8" X 3·1f2"TENOfll 1':1003097-4 AGC '"'""Al. TOTAL CUnlt C.o1t 11. Qly) MANUFACTURER UNIT COST ESTIMATE[) QUANTITIES U.5.PRECAST " U.:B.PRIECASf TOTAL BALANCE OF LINE DISCOUNT 0% I ""''aosr I .~:~o lrmAL '"""~·I MAA()FACTURER QUANTITIES Qty. UNIQUE SOLUnONS I , MANUFACTURER VAUOONT TOTAl BALANCE: OF--l!NE DISCOUNT Q% UNIT COST ANNUAL. E3TNATE:D QUANTITIES ~10.00 I 11 TOTAL BAlANCO:: Of LINE DISCOUNT D% ANNUAL MANUFACTURER UNITCOSl ESTIR,IIATED QUANTITIES VAN TEAL • 3 \iAHTEAL $ 100 YANTEAL $ 2 WANLIFACTURER WESTERH UGHTING TOTAL BALANCt Of LINE DISCOUNT 0% MANUFACTURER WHATLEY TOTAL BALANCE OF LINE DISCOUNT 0% s TOTAL (Unit Goal 11. Qty) :09:?000 1D.t2-0.00 TOTM. (Unit C01t 11. Qly) $ ~ I tl,.c&O.DO HO SUPPLY MANUFACTURER UNIT CQST U.S.PRECAST U.$R~EC..ST AitNIJAL ESTa.IATEO QtJAHTITIES l2 TOTAL BALANCE OF UNE DISCOIINT 12% TOTAL. (UnK Cosl K QW} I I ANNUAL 11 . . ·I MANUFACTURER UNITCOST ESTIMATEO TOTAL IUnitCottll QUANTITIES Qry) UNIQUE SOWTIONS s 12 TOTAL I::JALANCE OF LINE DISCOUNT 12% MANUFACTURER VALMONT UNlT OOST ANNUAL ES11MATED QUANTITIES 648.00 I 12 TOTAL BAL.A.NCE OF UNE DISCOUNT 12Cit.. ANNU~ MANUFACTlJRI;:~ uNncosr ESTIMAT:EC QUA.Hlll"I::S VAN TEAL I 3 VAH TEAL I 100 VAHTE& I ' TOTAL IUIAMJfACIURER WE-STERN UGHTING TOTAL BALANCE OF UNE DISCOUNT 12% MANJFACll.J1l:ER WHATLEY 253.00 TOTAL BALANCE OF LINE DISCOUNT 12% I TOTAL lUniteo..t C'V) 7.71600 7,776-.00 TOTAL. {UniiC~t~: Qly) $ $ $ I 4,554.00 MAHUFACTURER U . .S PRECAST U,.S.Pfi:ECAST SOUTH DADE UNIT GOST ANNUAL ESTIMATED OUANTOIES , TOTAL BALANCE OF LINF DISCOUNT O% TOTAL (Unll Cos1 xQ:~• MANUFACTURER I I ANNUAL I UMT COSl ESnMATED TOTAL (U~Cosl QUANTITIES r. Ot)') LJN,QUE SOLUTIONS I 50200 12 I 7.~\J400 tOTAl_ 7,10-4.00 BALANCE OF UNE DISCOUNT 0% MANUFACTURER TOTAL fUnltCott •<tly) VAU40t<T I 58,eCIJO TOTAL • 5,M:Q.OO BALANCE OF LINE DISCOUNr O% ANNUAl. IU.NUFACTIJRER UNIT COST E3TlMATED TOTAL ~Unit CQ1t QUANTJTIES •<tty) VAll TEAL I 3 I \IAN TEAL I 100 I VAN TEAL I ' I TOTAL MMUFAGTURER WESTERN liGHTING BALANCE OF UNE DISCOUNT O% MANUfACTURER TOTAL (IJnil Co11 :~;Qty} WHATl!Y • 12J.OO I .2,2HOO TOTAL 2',214.00 BALANCE Of LINE DISCOUNT 0% COMMISSION ITEM SUMMARY Request for Approval to Award A Contract, Pursuant To Invitation To Bid No. 2014-149-SR, Fabrication And Installation Of Handrail S stem At The UNlOAD Buildin Terrace At North Shore Bandshell Park Ensure well maintained facilities and ensure quality and timely delivery of capital projects. Supporting Data (Surveys, Environmental Scan, etc: NfA Item Summa /Recommendation: The purpose of Invitation to Bid (ITB) No. 2014-149-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide the fabrication and installation of a new stainless steel handrail system at the North Shore Bandshell Park. The North Shore Bandshell Park is located in the heart of North Beach, along Collins Avenue, between 72nd and 73rd Streets. As part of the construction of the North Beach Oceanfront Center, which is located within this park, an elevated platform was constructed along the east side of the building. This platform, originally designed as bleachers for spectators to observe events at the sand bowl, is elevated between eighteen and twenty-four inches above grade. Although neither the Florida Building Code nor the Life Safety Code mandate railings for a raised platform that is less than thirty inches above grade, upon careful consideration, the Administration believes it is in the City's best interest to install railings to prevent visitors from accidentally stepping off the edge, especially at night when visibility is greatly reduced. ITO 2014-109-SR was issued on January 15, 2014 via Public Purchase. Two (2) quotes were received resulting from this ITO Process: one from George's Welding Services, Inc. and the other from Suncor, Inc. It was then discovered that the prices were above the $25,000 threshold. Therefore, pursuant to City Code, an ITB needed to be issued. Invitation to Bid (ITB) 2014-149-SR was issued on February 10, 2014, with an opening date of February 18, 2014. One (1) bid was received resulting from the solicitation process from George's Welding Services, Inc. Through the Department of Procurement Management's review of the bid for responsiveness, it was deemed responsive pursuant to the requirements listed in the Solicitation. In determining responsiveness of the responding bidder, the Department of Procurement Management has verified that George's Welding Services, Inc. met the minimum requirements, financial capacity requirements, and past performance requirements set forth within the solicitation as noted in more detail in the attached memorandum. As a comparison to the price that was submitted by George's Welding Services, Inc. for the resultant ITB process currently being recommended for award, Suncor, Inc. submitted a price for the same scope of work for $92,500.00. Based on the above, it is recommended that George's Welding Services, Inc. be awarded the contract. RECOMMENDATION After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to George's Welding Services, Inc. CONCLUSION The Administration recommends the award of the contract to George's Welding Services, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014-149-SR, for the Fabrication and Installation of a Handrail System at the UNIDAD Building Terrace at North Shore Bandshell Park, in the amount of $65, 120.00; plus approve a owner's project contingency fund of ten percent (1 0%) in the amount of $6,512.00 for a not-to-exceed rand total of $71 ,632.00. Advisory Board Recommendation: INA Financial Information: Source of Amount Funds: 1 $71,632.00 P·~ Total $71,632.00 Financial Impact Summary: MIAMI BEACH Account 390-2538-069357 -Miami-Dade County GO Bond 88 JLM NIDAD Bldg Handrail SUMMAR AGENDA 'ITEM _C_;L_E_,-- DATE $-s--f'{ ----- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members oft e City Co FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 2014-149-SR, FABRICATION AND INSTALLATION OF HANDRAIL SYSTEM AT THE UNlOAD BUILDING TERRACE AT NORTH SHOREBANOSHELLPARK ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $71 ,632.00 390-2538-069357-Miami Dade County GO Bond $71,632.00 Total Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-149-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide the fabrication and installation of a new stainless steel handrail system at the North Shore Bandshell Park. The North Shore Bandshell Park is located in the heart of North Beach, along Collins Avenue, between 72nd and 73rd Streets. As part of the construction of the North Beach Oceanfront Center, which is located within this park, an elevated platform was constructed along the east side of the building. This platform, originally designed as bleachers for spectators to observe events at the sand bowl, is elevated between eighteen and twenty-four inches above grade. Although neither the Florida Building Code nor the Life Safety Code mandate railings for a raised platform that is less than thirty inches above grade, upon careful consideration, the Administration believes it is in the City's best interest to install railings to prevent visitors from accidentally stepping off the edge, especially at night when visibility is greatly reduced. 89 Commission Memorandum-fTB 2014-149-SR-Fabrication & Installation of Handrail System at the UNlOAD Building Terrace at North Shore Bandshe/1 Park March 5, 2014 Page 2 ITB PROCESS Invitation to Bid (ITS) 2014-149-SR was issued on February 10, 2014, with an opening date of February 18, 2014. No addenda were issued. Notices were posted on the Public Group and Florida Purchasing Group websites. Notices were also delivered by E-mail to potential bidders. The advertisements resulted in the receipt of one (1) bid from George's Welding Services, Inc. Responsiveness Verification: The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. Veterans and local preferences were considered during the tabulation of the bids received. Please note that neither veteran nor local preference was applied to any of the bidders. Through the Department of Procurement Management's review of the bid for responsiveness, George's Welding Services, Inc. was deemed responsive pursuant to the requirements listed in the solicitation. In determining responsiveness of the responding bidder, the Department of Procurement Management has verified the following: A. Minimum Requirements George's Welding Services, Inc. is a state certified and licensed contractor and is authorized to perform this type of service. B. Financial Capacity A Dun & Bradstreet (D&B) Supplier Qualifier Report (SQR) was obtained indicating that George's Welding Services, Inc. has a low Supplier Evaluation Risk (SER) rating (rating of 2 on a scale of 9, with 1 being the lowest). C. Past Performance It has been confirmed that George's Welding Services Inc. has successfully completed three (3) projects similar in scope and volume as the work referenced in the Contract Documents. References contacted provided positive reviews. As a result of the Department of Procurement Management's responsiveness review process, the following table provides the proposed base bid prices and total prices including a ten percent ( 10%) owner's contingency fund for unforeseen circumstances during construction. Base Bid 10% Owner's Total Contract Vendor Name Amount Contingency Amount Fund George's Welding Services, Inc. $65,120.00 $6,512.00 $71,632.00 Historical Price Comparison: ITO 2014-109-SR was issued on January 15, 2014 via Public Purchase. Two (2) quotes were received resulting from this ITO Process: one from George's Welding Services, Inc. and the other from Suncor, Inc. Since both prices were above the $25,000 threshold, pursuant to City Code, an ITB needed to be issued. As a comparison to the price that was submitted by George's Welding Services, Inc. for the resultant ITB process currently being recommended for award, Suncor, Inc. submitted a price for the same scope of work for $92,500.00. 90 Commission Memorandum -ITB 2014-149-SR-Fabrication & Installation of Handrail System at the UNlOAD Building Terrace at North Shore Bandshe/1 Park March 5, 2014 Page3 Based on the above, it is recommended that George's Welding Services, Inc. be awarded the contract. George's Welding Services, Inc. is a family owned and operated business founded by Jorge & Luz Amador in 1984 providing welding services to those in the construction industry. Today, George's Welding Services, Inc. is a full service facility fabricating and erecting structural steel and miscellaneous metals in Dade, Broward, and Palm Beach Counties. They have a 2 acre full service facility that contains over 60 employees and required equipment to manage any task. Their previous clients range from private corporations to governmental agencies like the City of Hialeah. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to George's Welding Services, Inc. CONCLUSION The Administration recommends the award of the contract to George's Welding Services, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid ( ITB) 2014-149-SR, for the Fabrication and Installation of a Handrail System at the UNlOAD Building Terrace at North Shore Band shell Park, in the amount of $65, 120.00; plus approve an owner's project Contingency Fund of ten percent (1 0%) in the amount of $6,512.00 for a not-to-exceed grand total of $~32.00. JLM/MT/~B/DM/AD T:\AGENDA\2014\March\Procurement\ITB 2014-149-SR-UNlOAD Bldg Handrail MEMO.docx 91 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 2014-093-SR, For The South Pointe Park Landsca e Remediation Pro·ect. orted: The purpose of Invitation to Bid (ITB) No. 2014-093-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide landscaping services. The scope of work consists of the remediation of the landscaping at South Pointe Park. Work shall include the provision of all materials, labor, and equipment to successfully permit, perform and schedule the work pursuant to the Contract Documents and Phasing Plans, including, but not limited to, the following tasks: • Removal and Replacement of sod and shrubs and Rehabilitation of shrubs, trees and palms • Reconfiguration, replacement and installation of the irrigation system • Installation of underground drainage system and connection to existing storm system • Installation of new and/or existing paver walkways, sidewalks, steps, curbs, borders, underground conduits, etc. • Removal and replacement of soil material and proper disposal of removed soil materials, debris, landscape, etc. • Protection of all existing structures, trees, landscape, walks, fountains, utilities, signs, striping, fences, benches, etc. • Reconfiguration of slopes, mounds, walks, landscape, etc. The ITB was issued on January 9, 2014. On February 19th, 2014, two (2) bids were received in response to the ITB. In the due diligence review of bids received, it has been determined that Superior Landscaping & Lawn Service, Inc. is the lowest responsive, responsible bidder. RECOMMENDATION The Administration recommends the award of the contract to Superior Landscaping & Lawn Service, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014-093-SR, for the South Pointe Park Landscaping Remediation Project, in the amount of $2,656,1 04.15; plus approve a ro·ect contin enc fund of ten ercent 10% for a not-to-exceed rand total of $2,921 ,715.00. INA Financial Information: Source of Amount Account Funds: 1 $2,921,715.00 389-2943-067357 -South Pointe Capital ~-® Total $2,921 '715. 00 Financial Impact Summary: City Clerk's Office Legislative Tracking: David Martinez, Extension 6927 Ci T:\A ENDA\2014\March\Procurement\ITB 2014-093-SR-South Pointe Park Lan SUMMARY.doc MIAMI BEACH 92 AGENDA ITEM _C_~_F __ DATE .J-~ -_{(/ {9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION TO: Mayor Philip Levine and Members oft FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: REQUEST FOR APPROVAL TO WARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 2014-093-SR FOR THE SOUTH POINTE PARK LANDSCAPE REMEDIATION PROJECT. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $2,921,715.00 389-2943-067357 -South Pointe Capital $2,921 '715.00 Total This funding includes the base bid price of $2,656,104.15 plus a 10% contingency fund. Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-093-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide landscaping services. The scope of work consists of the remediation of the landscaping at South Pointe Park. Work shall include the provision of all materials, labor, and equipment to successfully permit, perform and schedule the work pursuant to the Contract Documents and Phasing Plans, including, but not limited to, the following tasks: • Removal and Replacement of sod and shrubs and Rehabilitation of shrubs, trees and palms • Reconfiguration, replacement and installation of the irrigation system • Installation of underground drainage system and connection to existing storm system • Installation of new and/or existing paver walkways, sidewalks, steps, curbs, borders, underground conduits, etc. • Removal and replacement of soil material and proper disposal of removed soil materials, debris, landscape, etc. • Protection of all existing structures, trees, landscape, walks, fountains, utilities, signs, striping, fences, benches, etc. • Reconfiguration of slopes, mounds, walks, landscape, etc. 93 Commission Memorandum-ITB-2014-093-SR-For The South Pointe Park Landscape Remediation Project March 5, 2014 Page 2 ITB PROCESS Invitation to Bid (ITB) 2014-093-SR was issued on January 9, 2014, with an original opening date of February 10, 2014. A total of three (3) addenda were issued to answer questions submitted by prospective bidders, thus postponing the bid opening date to February 19th, 2014. Notices were posted on the Public Group and Florida Purchasing Group websites. Notices were also delivered by E-mail to potential bidders. The posting was also advertised in the Daily Business Review local newspaper. The advertisements resulted in the receipt of (2) bids from the following bidders: • Superior Landscaping & Lawn Service, Inc. • Valleycrest Landscape Development, Inc. Responsiveness Verification: The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. Veterans and local preferences were considered during the tabulation of the bids received. Please note that neither bidder is eligible for veteran or local preference. Through the Department of Procurement Management's review of the bid for responsiveness, Superior Landscaping & Lawn Service, Inc. was deemed responsive pursuant to the requirements listed in the solicitation. In determining responsiveness of the responding bidders, the Department of Procurement Management has verified the following: A. Minimum Requirements Superior Landscaping & Lawn Service, Inc. is a state certified and licensed Landscaping Contractor and is authorized to perform this type of service. B. Financial Capacity A Dun & Bradstreet (D&B) Supplier Qualifier Report (SQR) was obtained indicating that Superior Landscaping & Lawn Service, Inc. has a low Supplier Evaluation Risk (SER) rating (rating of 1 on a scale of 9, with 1 being the lowest). C. Past Performance It has been confirmed that Superior Landscaping & Lawn Service, Inc. has successfully completed three (3) municipal parks and landscaping projects similar in scope and volume to the work detailed within the Contract Documents. References contacted provided extremely positive reviews. In addition, Superior Landscaping & Lawn Service, Inc. currently holds several lawn maintenance contracts with the City of Miami Beach and is in good standing with the departmental contract managers relative to its performance. 94 Commission Memorandum-ITB-2014-093-SR-For The South Pointe Park Landscape Remediation Project March 5, 2014 Page3 As a result of the Department of Procurement Management's responsiveness review process, the following table provides the proposed base bid prices and total prices including a ten percent (10%} contingency fund for unforeseen circumstances during construction. Vendor Name Base Bid 10% Total Contract Amount Contingency Amount Superior Landscaping & Lawn $2,656,104.15 $265,610.85 $2,921,715.00 Service, Inc. Valleycrest Landscape $2,918,487.69 $291,849.31 $3,210,337.00 Development, Inc. Superior Landscaping & Lawn Service, Inc. has been creating landscape solutions for clients throughout the State of Florida since 1982. Their previous clients range from private businesses to governmental agencies like the City of Miami and most notably the City of Miami Beach. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to Superior Landscaping & Lawn Service, Inc. CONCLUSION The Administration recommends the award of the contract to Superior Landscaping & Lawn Service, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITS) 2014- 093-SR, for the South Pointe Park Landscaping Remediation Project, in the amount of $2,656,1 04.15; plus approve a project contingency fund of ten percent (1 0%) for a not-to- exceed gr~1otal of$2,921,715.00. JLM/MT/K~DM/AD T:\AGENDA\2014\March\Procuremeni\ITB 2014-093-SR-South Pointe Park Landscape Remediation MEMO.docx 95 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award A Contract, Pursuant To Invitation To Bid No. 2014-094-SR, Miami Beach Golf Course Draina e Remediation Pro"ect The purpose of Invitation to Bid (ITS) No. 2014-094-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide services to control and retain storm water run-off that currently floods the golf cart asphalt lot. This project will improve the existing drainage conditions to the area abutting the New Cart Storage Facility. The work consists of re-grading the asphalt pavement currently used for staging golf carts; demolishing and replacing the concrete walkway and pavement to new elevations; installing new concrete curbs; constructing a water retention pond; removing and reinstalling the existing irrigation system; and planting new sod and landscaping. Invitation to Bid (ITB) 2014-094-SR was issued on January 22, 2014. On February 21, 2014, seven (7) bids were received in response to the ITB. Through the Department of Procurement Management's review of the bid for responsiveness, the lowest bidder, V Engineering & Consulting Corp., was deemed responsive pursuant to the requirements listed in the solicitation. In determining responsiveness of the lowest responding bidder, the Department of Procurement Management has verified that they meet the minimum requirements, financial capacity requirements, and past performance requirements set forth in the solicitation as further detailed in the attached memorandum. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to V Engineering & Consulting Corporation. RECOMMENDATION The Administration recommends the award of the contract to V Engineering & Consulting Corporation, the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITS) 2014-094-SR, for the Miami Beach Golf Course Drainage Remediation Project, in the amount of$139,600.00; plus approve a ten percent (10%) owner's project contingency fund in the amount of $13,960.00 for a grand total of $153,560.00. Advisory Board Recommendation: INA Financial Information: -·- Source of Amount Funds: lft-1 $124,516.00 e 2 $29,044.00 Total $153,560.00 Financial Impact Summary: MIAMI BEACH Account 388-2702-069357 SP _Post RDA_CDT and Municipal Resort Tax 306-2702-069357 MB Quality of Life Resort Tax Fund- 1% 96 JLM Golf Course AGENDA ITEM DATE c~G- 3--s-' 'f - ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WWN.miomibeochA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 2014-094-SR, MIAMI BEACH GOLF COURSE DRAINAGE REMEDIATION PROJECT ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $124,516.00 388-2702-069357 SP _Post RDA_CDT and Municipal Resort Tax $ 29,044.00 306-2702-069357 MB Quality of Life Resort Tax Fund-1% $153,560.00 Total Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-094-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide construction services to control and retain storm water run-off that currently floods the golf cart asphalt lot. This project will improve the existing drainage conditions to the area abutting the New Cart Storage Facility. The work consists of re- grading the asphalt pavement currently used for staging golf carts; demolishing and replacing the concrete walkway and pavement to new elevations; installing new concrete curbs; constructing a water retention pond; removing and reinstalling the existing irrigation system; and planting new sod and landscaping. ITS PROCESS Invitation to Bid (ITB) 2014-094-SR was issued on January 22, 2014, with an opening date of February 21, 2014. One (1) addendum was issued to answer questions submitted by prospective proposers. 97 Commission Memorandum-ITB 2014-094-SR-Miami Beach Golf Course Drainage Remediation March 5, 2014 Page 2 Notices were posted on the Public Group and Florida Purchasing Group websites. Notices were also delivered by E-mail to potential bidders. The advertisements resulted in the receipt of seven (7) bids from the following firms: • V Engineering & Consulting Corp • RP Utility & Excavation Corp. • Marks Brothers, Inc. • FHP Tectonics Corp. • Cast Development, LLC • JVA Engineering Contractor, Inc. • ERF Construction Group, Inc. Responsiveness Verification: The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. Veterans and local preferences were considered during the tabulation of the bids received. Please note that neither veteran nor local preference was applied to any of the bidders. Through the Department of Procurement Management's review of the bid for responsiveness, the lowest bidder, V Engineering & Consulting Corp., was deemed responsive pursuant to the requirements listed in the solicitation. In determining responsiveness of the lowest responding bidder, the Department of Procurement Management has verified the following: A. Minimum Requirements V Engineering & Consulting Corp. is a state certified and licensed General Contractor and Underground Utility & Excavation Contractor and is authorized to perform this type of service. B. Financial Capacity Based on the required Dun & Bradstreet (D&B) Supplier Qualifier Report (SQR), V Engineering & Consulting Corp. has an acceptable financial capacity to perform the work. The ITB did not stipulate a bond requirement. C. PastPerlormance It has been confirmed that V Engineering & Consulting Corp. has successfully completed three (3) projects similar in scope and volume as the work referenced in the Contract Documents. References, inclusive of public agencies and municipalities, were contacted and have provided extremely positive reviews of past performances. As a result of the Department of Procurement Management's responsiveness review process, the following table provides the proposed base bid prices and total prices including a ten percent (10%) owner's contingency fund for unforeseen circumstances during construction. 98 Commission Memorandum-ITB 2014-094-SR-Miami Beach Golf Course Drainage Remediation March 5, 2014 Page 3 Base Bid 10% Owner's Total Contract Vendor Name Contingency Amount Fund Amount V Engineering & Consulting $139,600.00 $13,960.00 $153,560.00 Corporation RP Utility & Excavation Corp. $139,860.00 $13,986.00 $153,846.00 Marks Brothers, Inc. $142,453.50 $14,245.35 $156,698.85 FHP Tectonics Corp. $162,679.94 $16,267.99 $178,947.93 Cast Development, LLC $162,720.94 $16,272.09 $178,993.03 JVA Engineering Contractor, Inc. $178,575.60 $17,857.56 $196,433.16 ERF Construction Group, Inc. $189,509.00 $18,950.90 $208,459.90 Based on the above, it is recommended that V Engineering & Consulting Corporation be awarded the contract. V Engineering & Consulting Corporation is a Miami-Dade County Certified Small Business Enterprise Company founded in 2011 providing general contracting and underground utility and excavation services for multiple public municipalities. Their previous clients include the City of North Miami Beach, the City of Plantation, and Miami-Dade County. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to V Engineering & Consulting Corporation. CONCLUSION The Administration recommends the award of the contract to V Engineering & Consulting Corporation, the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014- 094-SR, for the Miami Beach Golf Course Drainage Remediation Project, in the amount of $139,600.00; plus approve a ten percent (10%) owner's project contingency fund in the amount of $13,960JJ3 for a grand total of $153,560.00. JLM/MT/K'rls/DM/AD T:\AGENDA\2014\March\Procurement\ITB 2014-094-SR-Miami Beach Golf Course Drainage Remediation MEMO.docx 99 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Jimmy L. Morales, City Manager Joy V. W. Malakoff, Commissioner February 18, 2014 C4_ Referral to the Land Use and Development CommiHee: Discussion on the creation of overlay districts for strategic areas of the City Please place the above Referral on the March 5, 2014 City Commission agenda. JVWM VIe are cc•nt'l'~llad 10 p!O'itd,·;g exceilen~ put:'ic se•vice and c ·' ~ ·.-tc:· all •;.-kJ i.'ve, Nor.~, and p:ov ,,1 our vi bran!. rrop'co,'. ~ Agenda Item C Yfl Date 3-S-1'( 101 THIS PAGE INTENTIONALLY LEFT BLANK 102 ------------------- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: FROM: cc: DATE: Mayor Philip Levine and Members of the City Commission Jose smith, city AttQfne;·)~y_n~. Jimmy L. Morales, City i:;;ager ..... , March 5, 2014 SUBJECT: Request for Referral to the Land Use and Development Committee: Telecommunications Ordinance RECOMMENDATION The City Attorney recommends that the City Commission refer this item to the Land Use and Development Committee for preliminary review of a draft ordinance (to be provided in advance of the LUDC meeting) and to discuss policy direction. BACKGROUND Crown Castle has approached the City to obtain permits for a Distributed Antenna System (DAS) at 39 locations throughout the City, in public rights-of-way. It is the City's understanding that Crown Castle intends to submit additional locations in the next few years throughout the City. This DAS system is intended to supplement existing wireless communications networks in the City by strengthening the signal between existing antenna towers providing cellular and digital communications signals to the modern digital network of smartphones, tablets and computers. Crown Castle is the successor in interest to Sprint and Nextel, which already have telecommunications systems in the City, both at a fixed location, the City parking garage at 1550 Collins Avenue, and at 45 other locations in the City's rights-of-way, which Crown Castle acquired from Nextel. These former Nextel sites are still run by Nextel for use by the City, but are now owned by Crown Castle. On January 15, 2014, the City Commission directed the drafting of an ordinance amendment to address the issues raised by the Crown Castle proposal. This referral seeks to provide an opportunity for members of the City Commission to review a draft ordinance and provide policy guidance to the City Attorney's Office and Administration regarding its provisions. The proposed ordinance is contemplated to contain the following amendments to the existing telecommunications provisions in the City Code: 1. Amends the definition for communications service provider; 2. Provides a definition for communications facility provider; 3. Provides amended and new regulations for such providers; 103 Agenda Item ~C~'/_,8....,__ Date :3-S"-j Cf Commission Memorandum Telecommunications March 5, 2014 Page 2 of 2 4. Adding wireless communications to the definition of communications services; 5. Amending the definition of public rights of way, among other definitions added or amended; 6. Amending the registration process for telecommunications services and facilities providers; 7. Amending the permit application process to require the issuance of permits and design and appropriateness review by the design review board and historic preservation board; 8. Creating standards for communications facilities design, location and co-location, including establishing a hierarchy for location and co-location to ensure the minimum number of new poles are added, and encouraging use of existing poles and co-location on existing and new poles; 9. Adding standards for site improvements, use of and restoration of sites and rights-of-way; 10. Adding distance separation between communications facilities and between such facilities and residential uses and contributing buildings in historic districts; 11. To provide for compensation to the City for the use of public rights-of-way for these purposes; and 12. Amending such other sections as are appropriate to protect the public health, safety and welfare CONCLUSION The City Attorney recommends that the City Commission refer this item to the Land Use and Development Committee for preliminary review of the draft ordinance and to provide policy direction. JS/GMH F:\ATTO\HELG\Ordinances\Telecommunications\Telecommumnications-Referral to Land Use v2.docx 104 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibecchA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: REFERRAL TO THE FINANCE & ITYWIDE PROJECTS COMMITTEE - A DISCUSSION REGARDING SOUTH SHORE COMMUNITY CENTER ADMINISTRATION RECOMMENDATION Refer the matter to the Finance & Citywide Projects Committee for discussion. BACKGROUND The South Shore Community Center (the "Center") is located at 833 6th Street and is owned by the City of Miami Beach {the "City"). The Center provides space to various not-for-profit, community service organizations that provide assistance to the Miami Beach community. The City completed renovations to the Center in 2008 and executed new agreements with all the tenants who occupied the Center prior to said renovations. All the agreements are for an initial term of four years (4) years and three hundred sixty four (364) days, commencing on October 2, 2009 and ending on September 30, 2014 (the "Term"). Furthermore, all the agreements contain provisions for one (1) additional five (5) year renewal, subject to certain terms and conditions. The Center is currently 100% occupied by the following four (4) tenants: 1. Miami Dade County Community Action Agency ("CAA") has a lease for the use of 2,076 square feet of office space to operate the "South Beach Community Enrichment Center'' which empowers economically disadvantaged individuals, families and communities to achieve self-sufficiency through resource mobilization, service delivery, education and advocacy. 2. Jewish Community Services of South Florida. Inc. {"JCS") has two (2) lease agreements and a concession agreement. The first lease agreement is for use of 289 square feet of storage space required by JCS to operate its "senior meals program". This program provides recreational activities and a mid-day meal to residents that are 60 years and older. The concession agreement is for use of the 2, 792 square foot Auditorium space required by JCS to conduct its recreational activities and serve the aforementioned mid-day meal. A concession agreement was determined to be the appropriate mechanism by which to 105 Agenda Item C l( C Date 3-~-IC( Commission Memorandum -South Shore Community Center March 5, 2014 Page 2of4 guarantee JCS part-time use of the space on weekdays from 8:00 AM to 2:00 PM and still allow the space to be available for use by the City and/or general public during the afternoon, evening and weekend hours. The Miami Beach Parks and Recreation Department will be coordinates the use and/or rental of the Auditorium pursuant to its rules and regulations for rental of City-owned facilities. The second lease agreement is for use of 445 square feet of office space required by JCS to operate its "senior ride program". This program provides door-to-door bus transportation services to residents that are 60 years and older. 3. Little Havana Activities and Nutrition Centers of Dade County, Inc. ("LHANC") has a lease agreement and a letter agreement. The lease agreement is for use of 2,919 square feet of space required by LHANC to operate its "Rainbow lntergeneration Childcare Center''. This program provides childcare service to approximately 60 children. The letter agreement is for use of the adjacent exterior 7,002 square foot playground space required by LHANC to provide the children an outdoor recreation play area. A letter agreement was determined to be the appropriate mechanism by which to guarantee LHANC sole use of the space thus providing the children with a safe and secure environment. The playground space is not "under-roof' and therefore, not included as part of the buildings leasable square footage. 4. UNlOAD of Miami Beach, Inc. ("UNlOAD") has a lease for the use of 3,826 square feet of office space on the 2nd floor and an additional 329 square feet of storage space on the 151 floor. UNlOAD provides counseling, education, and employment training services to the City's community. It is important to emphasize that all of these tenants are not-for-profit, community service organizations that provide assistance to the Miami Beach community. As such, the City does not charge base rent and only charges common area maintenance ("CAM") fees to recoup specific expenses incurred by the City to operate the Center. These expenses are limited to electrical service, water service, sewer service, stormwater costs and janitorial service to the common areas and inside the tenant's spaces. The current CAM fee is $7.68 per square foot and is based on operating expenses to the City which were calculated in 2009. The agreements allow the City to increase the CAM fees on an annual basis consistent with the actual cost of operating the Center. A summary of the agreements and rental rates is attached hereto as Exhibit A Notwithstanding the foregoing, as per the renewal prov1s1ons in all the agreements at the Center, " ... within ninety (90) days prior to the expiration of the Term, the City Manager may elect to re-negotiate a reasonable increase in the Rent, and shall provide Tenant with written notice of such election. If, following good-faith negotiations between the City and Tenant, the parties are unable to agree, then the City Manager may further elect to not renew the Agreement, in which case the Agreement will terminate and the City shall have no further liability or obligation to Tenant." Furthermore, the agreements may be terminated by either party, without cause and for convenience at any time during the Term (including any renewal term), upon furnishing thirty (30) days written notice to the other party. 106 Commission Memorandum -South Shore Community Center March 5, 2014 Page 3of4 Considering all of the agreements are at below market rental rates, and since they are all within seven (7) months of the expiration dates (9/30/14}, the Administration seeks direction from the Finance & Citywide Projects Committee regarding this matter. If the City elects to renegotiate a reasonable increase in the rent, the City Manager must provide written notice by July 1, 2014. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Finance & Citywide Projects Committee for discussion and further direction. JLM/KGB/MAS/MM M T:\AGENDA\2014\March\South Shore Community Center REFFERAL.docx 107 Commission Memorandum -South Shore Community Center March 5, 2014 Page 4 of4 Exhibit A Agreement Summary Tenant Suite Sq. Ft. Agreement Expiration Renewal MDC Community Action Agency 1st Floor 2,076 Lease 09/30/14 (1) for 5 years Office JCS of South Florida, Inc. -Meals 1st Floor 289 Lease 09/30/14 (11 for 5 years Storage JCS of South Florida, Inc. -Meals 1st Floor 2,792 Concession 09/30/14 (1) for S years Auditorium ~cs of South Florida, Inc. -Ride 1st Floor 445 lease 09/30/14 (1) for 5 years Office LHANC of Dade County, Inc. 1st Floor 2,919 Lease 09/30/14 (1) for 5 years Daycare LHANC of Dade County, Inc. lsi Floor 7,002 letter 09/30/14 (1) for 5 years Pla..,.ground UNlOAD of Miami Beach, Inc. lsi Floor 329 Lease 09/30/14 (1) for 5 years 2nd Floor 3,826 Rent Base C.A.M. Total Annually $ 1.20 $ 15,935.28 $ 15,936.48 PSF $ 0.00 $ 7.68 $ 7.68 Annually $ 1.20 $ 2,218.32 $ 2,219.52 PSF $ 0.00 $ 7.68 $ 7.68 Annually $ 1.20 $ 5,357.88 $ 5,359.08 PSF $ 0.00 $ 1.92 $ 1.92 Annually s 1.20 $ 3,415.80 $ 3,417.00 PSF $ 0.00 $ 7.68 $ 7.68 Annually $ 1.20 $ 22,406.16 $ 22,407.36 PSF $ 0.00 $ 7.68 $ 7.68 Annually $ 0.00 $ 0.00 s 0.00 PSF $ 0.00 $ 0.00 $ 0.00 Annually $ 1.20 $ 31,893.72 $ 31,894.92 PSF $ 0.00 $ 7.68 $ 7.68 Note: JCS of South Florida, Inc. pays 25% of CAM charges ($1.92 of $7.68) because they only use the auditorium part-time and the City retains access and use as needed. 108 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: Jimmy L. Morales, City Manager Deede Weithorn, Commissioner February 25, 2014 SUBJECT: Referral to March 21, 2014 Finance & Citywide Proiects Committee Please refer the road closing applications for 87 Street and 87 Terrace filed by 8701 Collins Development to the March 21, 2014 Finance & Citywide Proiects Committee for the Committee to review the financial impact of the proposed roadway closures. If you have any questions please contact Lauren Carra at extension 6528 or LaurenCarra@miamibeachfl.gov. VVe or.o comm:trc:d to prLovrding excellent puh1rc ser';rc;; and 5C':'· ·':: t(' ,Jii wl!c; hve, work, ond pia}' rn our vibrcml. lropica!. 'Agenda Item C l.{ /) Date 3-~-/C( 109 THIS PAGE INTENTIONALLY LEFT BLANK 110 lD MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: CC: FROM: DATE: Members of the City Commission Jimmy Morales, City Manager Rafael Granado, City Clerk Philip Levine, Mayor February 25, 2014 MEMORANDUM SUBJECT: An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida; Amending the Code of the City of Miami Beach, Florida Amending Chapter 6, Entitled "Alcohol Beverages." Please place the aforementioned item on the March 51h City Commission Agenda for referral to the Planning Board. Ordinance language will be forthcoming. If there are any questions or concerns, please do not hesitate to contact Alex Miranda at AlexMiranda@MiamiBeachFI.gov. Agenda Item C 'IE: 111 Date 3-S"-I'f DRAFT ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TilE CITY OF .MIAMI BEACH, FLORIDA; AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, ENTITLED "ALCOHOL BEVERAGES," SECTION 6-4, ENTITLED "LOCATION AND USE RESTRICTIONS," BY PERMITTING ALCOHOLIC BEVERAGES TO BE SOLD IN MOTION PICTURE THEATERS SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING CHAPTER 6, ENTITLED "ALCOHOL BEVERAGES," SECTION 6-5 ENTITLED "PATRON AGE RESTRICTIONS," BY ESTABLISHING AN EXEMPTION FOR MOTION PICTURE THEATERS FROM THE CODE'S PATRON AGE RESTRICTIONS; AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE V, ENTITLED "SPECIALIZED USE REGULATIONS," DIVISION 4, ENTITLED "ALCOHOLIC BEVERAGES," SECTION 142-1301, ENTITLED "PERMITTED DISTRICTS," BY PERMITTING ALCOHOLIC BEVERAGES TO BE SOLD IN THE GU GOVERNMENT USE DISTRICT; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Code of the City of Miami Beach specifies location and use restrictions on motion picture theaters located within the City~ and WHEREAS, the Code ciDTently prohibits alcohol beverages from being sold or offered for consumption in motion picture theaters; and WHEREAS, the City Commission deems it advisable to permit sales of alcoholic beverages within certain motion picture theaters, subject to Conditional Use approval by the Planning Board; and WHEREAS, the City Commission deems it advisable to limit the applicability of this amended Sec. 6-4 (a)(4) to motion picture theaters containing, in their entirety, at least 300 auditoriwn seats and 15,000 sq. ft. in total floor area. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 6-4, entitled "Location and use restrictions," of Chapter 6, entitled "Alcohol Beverages," of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: {27727071;5)Page 1 of7 112 Sec.64. Location and use restrictions. * * * (a) Generally. The following location and use restrictions are applicable for facilities selling or offering alcohol beverages for consumption: ( 1) Educational facilities. No alcohol beverage shall be sold or offered for consumption in a commercial use within 300 feet of any property used as a public or private school operated for the instruction of minors in the common branches of learning. Except for uses in the civic and convention center (CCC) district, hospital (HD) district or within 300 feet of a marina. (2) Places of worship. No alcohol beverage shall be sold or offered for consumption in a commercial use, except in restaurants for consumption on the premises, within 300 feet of any property used as a place of worship. (3) Retail stores for off-premises consumption. The mll11Illum distance separation between retail stores primarily selling alcohol beverages for consumption off the premises as a main permitted use shall be 300 feet. ( 4) Motion picture theater. No alcohol beverages shall be sold or offered for conswnption in any motion picture theater or in any room opening directly or indirectly into or in connection with any motion picture theater, except alcohol beverages may be served in motion picture theaters of at least 15,000 square feet in total floor area and containing at least 300 permanent auditorium seats that are located in GU Government Use, and CD-3 Commercial, High Intensity Districts, subject to Conditional Use approval as provided for in Section 118, Article IV of this Code and subject to the review criteria listed in Section 142-1362(a) of the Land Development Regulations of the City Code. Motion picture theaters shall not be permitted to operate between the hours of 3:00 a.m. and 8:00 a.m., except that motion picture theaters may apply for up to three special event permits from the City per calendar year to operate during such hours. This section shall not relieve any person, entity or establishment from the restrictions contained in Chapter 6, Article II or the Land Development Regulations of the City Code. Any Conditional Use approval granted pursuant to this section shall be subject to the following: 1. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 11. A Minor Control Plan, setting forth conditions regarding hours of operation and alcohol sales, alcohol service and monitoring procedures, food service, and stafftraining, must be approved by the Planning Board. {27727071 ;s}Page 2 of 7 113 111. There may be special customer promotions that combine purchase of a motion picture theater ticket with purchase of food and an alcoholic beverage. No 11 happy hour" type of reduced pnce alcoholic beverage promotion shall be allowed. (5) Filling station. No liquor shall be sold or offered for consumption on or off the premises of any filling station. (6) Curb service sales. No alcohol beverages shall be sold or served to persons in a vehicle of any kind or from an exterior counter or any type of walk-up window. All sales are to be from the interior of the structure. (7) Off-premises consumption. All sales of alcohol beverages for consumption off the premises shall be in a sealed container. (8) Bottle clubs. There shall be no bottle clubs within 300 feet of any property used as a public or private school operated for the instruction of minors in the common branches of learning or place of worship. (9) Dance halls. The minimum distance separation between dance halls licensed to sell alcohol beverages, and not also operating as restaurants with full kitchens and serving full meals, shall be 300 feet. (10) Entertainment establishments. The minimum distance separation between entertainment establishments licensed to sell alcohol beverages, and not also operating as restaurants with full kitchens and serving full meals, shall be 300 feet. This section shall not apply to alcoholic beverage establishments, also licensed and operating as motion picture theaters. subject to compliance with Section 6-4(a)(4) ofthis Code. (b) Determination of minimum distance separation. ( 1) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the main entrance or exit in which the use associated with alcohol beverages occurs to the nearest point of the property used for a public or private school. In cases where a minimum distance is required between two uses associated with the alcohol beverages for consumption on or off the premises, the minimum requirement shall be determined by measuring a straight line between the principal means of entrance of each use. (2) When a distance separation is required, a scaled survey drawn by a registered land surveyor shall be submitted attesting to the separation of the uses in question. This requirement may be waived upon the written certification by the planning and zoning director that the minimum distance separation has been met. {27727D715}Page 3 of 7 114 (c) Variances. Variances to the provisions of this section may be granted pursuant to the procedure in section 118-351 et seq. except that no variances may be granted to the prohibitions and limitations prescribed herein on the sale or consumption of alcohol beverages in motion picture theaters. SECTION 2. That Section 6-5, entitled "Patron age restrictions," of Chapter 6, entitled "Alcohol Beverages," of the Code ofthe City of Miami Beach, Florida is hereby amended to read as follows: Sec. 6-5. Patron age restrictions. (a) It shall be unlawful for persons under the age of 21 to patronize, visit, loiter, be admitted or allowed access, in any alcoholic beverage establishment, as defmed in section 114-1 ofthis Code, except as hereinafter provided. This restriction shall not apply to: ( 1) Persons employed by or at the alcoholic beverage establishments; (2) Persons accompanied by either of their parents (natural, adoptive, or stepparent) or legal guardian (appointed by a court); and (3) Alcoholic beverage establishments also licensed and operating as restaurants, containing a full kitchen of an appropriate size to serve the occupancy load of the establishment, serving full meals at all times. In the case of hotels and other similar multiuse establishments, this restriction applies only to those areas of the establishment operating primarily as an alcoholic beverage establishment, and not also operating as a restaurant as described above; and ( 4) Alcoholic beverage establishments also licensed and operating as motion picture theaters, subject to compliance with Section 6-4(a)(4) of this Code. (b) Enforcement and penalties: ( 1) An offense of this section by an alcohol beverage establishment shall be defined as one or more persons under the permitted patron age discovered on the business premises during a 24-hour period in violation of this section. Hearings on notices of violation shall be conducted by the special master, who may impose penalties, including fines and suspension, as provided for in chapter 30 of this Code, with appeal by certiorari to the circuit court, Appellate Division. (2) It shall be a defense to alleged violations of this section that the person under the age of 21 obtained access despite the owner's reasonable efforts to prevent such access, or through a fraudulent identification, and the business used reasonable efforts to prevent the use of fraudulent identifications. "Reasonable efforts" shall include, but not be limited to, use of employees properly checking identification cards at the entrance to {27727071;5}Page 4 of 7 115 the subject establishment. Presentation of a proposed business security plan to prevent future violations may be considered as a mitigating factor in the suspension hearing or appeal process. For purposes of this section, "identification cards" are defmed as official Federal, state or local government issued identification cards. (3) A warning shall be given for the first offense; a fme of $500.00 shall be imposed for the second offense; a fine of $1,000.00 shall be imposed for the third offense; a fine of $3,000.00 shall be imposed for the fourth offense; the special master may impose a fine and/or a suspension of the business's occupational license for further offenses, in successively escalating suspension periods of: one weekend, seven days, 30 days, six months or may revoke the business's occupational license. For purposes of determining the appropriate penalty this section, violations shall accrue only for the preceding 12-month period. (4) An offense of this section by persons under the age of 21 shall be addressed as follows: Persons found in violation of this section shall be asked by the business establishment, the department of code compliance, or certified law enforcement officers, to leave the premises subject to this section. Failure to leave the premises will subject the violator to criminal penalties as provided by Florida law. Additionally, persons under the age of 21 who gained access to the alcoholic beverage establishment by presenting fraudulent identification shall be subject to prosecution for violation ofF.S. § 322.212, or comparable provision. SECTION 3. That Chapter 142, Article V, Division 4, Section 142-1301, entitled "Permitted Districts," ofthe Code ofthe City ofMiami Beach, Florida is hereby amended to read as follows: Sec. 142-1301. Permitted districts. Vendors may be permitted to sell or distribute alcoholic beverages, either for consumption on or off the premises only in the following zoning districts: (1) (2) (3) (4) (5) (6) (7) t+f.@) ~.(2} ~ .(l.Ql ~.ill} fH-t (12) ~.(ill RM-2 multiple-family, medium intensity. RM-3 multiple-family, high intensity. CD-1 commercial, low intensity. CD-2 commercial, medium intensity. CD-3 commercial, high intensity. CCC convention center district. GU government use district HD hospital district. 1-1 industrial, light. MR marine recreational. MXE mixed use entertainment. WD-1 waterway district. WD-2 waterway district. {2772707I;s}Page 5 of 7 116 fH1.u.±l R-PS2 residential medium density. fl4j@ R-PS3 residential medium-high density. ~ {lQ} R-PS4 residential high density. ~ Q.1l C-PSl commercial limited mixed use. fl-+j@ C-PS2 commercial general mixed use. fl-8-1 .{121 C-PS3 commercial intensive mixed use. El9j (20) C-PS4 commercial intensive phased bayside. ~ Q..ll RM-PS 1 residential limited mixed-use development. ~ (22) TC-1 North Beach Town Center core. ~@ TC-2 North Beach Town Center mixed-use. ~ (24) TC-3 North Beach Town Center residential/office. SECTION 4. 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 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. 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. {2772707I;S}Page 6 of 7 117 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the __ day of~------- 201 . PASSEDandADOPTEDthis ~~_day of~~~~~~-' 201_. ATTEST: CITY CLERK {2772707I;5}Page 7 of? 118 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, \WIW.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member FROM: Jimmy L. Morales, City Managerl.&----=:'u=!ri::---... DATE: March 5, 2014 SUBJECT: REFERRAL TO THE FINANC AND CITYWIDE PROJECTS COMMITTEE OF A DISCUSSION REGARDING THE GREATER MIAMI CONVENTION AND VISITORS BUREAU INTERLOCAL AGREEMENT. BACKGROUND The City has been contracting with the Greater Miami Convention and Visitor's Bureau (GMCVB) since 1984 for the purpose of promoting the Miami Beach Convention Center and the destination. The GMCVB is the entity primarily responsible for pursuing and securing Convention business for the Convention Center, with the Convention Center management company also responsible for pursuing booking business, which typically includes shorter term uses. A booking policy governs priority of bookings. The GMCVB also engages in local, national and international marketing of the overall destination in an effort to promote tourism. The goal of both the convention booking and destination marketing is to secure hotel room nights in the City, and further enhance the City's tourism economy. Funding for the City's Agreement with the GMCVB is derived from the Municipal Resort Tax revenue. The GMCVB derives additional funding from Miami-Dade County, Village of Bal Harbour, member fees and cooperative marketing partnerships. The GMCVB's activities are focused primarily in marketing and convention sales/meeting sales. In 1984, the City of Miami Beach (CMB), Miami Dade County, the City of Miami and the Village of Bal Harbour, entered into an lnterlocal Agreement with the Greater Miami Convention and Visitor's Bureau to perform tourism and convention sales and promotion functions. On July 7, 1999, the Mayor and City Commission adopted Resolution No. 99-23237, approving an agreement with the GMCVB for an initial term commencing on October 1, 1999 and ending on September 30, 2002, with one, two (2} year renewal option, at the City's discretion. On December 8, 2004, the City Commission adopted Resolution No. 2004-25767 which approved an agreement with the GMCVB for five (5) years, from October 1, 2004-September 30, 2009. On July 7, 2009, the Finance and Citywide Projects Committee directed the Administration to negotiate a new five (5) year agreement with the GMCVB. On September 24, 2009, the City Commission adopted Resolution No. 2009- 27217 approving a new five (5) year agreement commencing on October 1, 2009, and ending on September 30, 2014. CONCLUSION Based on the foregoing, it is recommended that the Mayor and City Com mission refer this matter to the FCJJ1C for direction. JLM/K't;tMAS T:\AGENDA\2014\March\GMCVB FCWPC Referral Memo.doc 119 Agenda Item C. f.( F Date 3-S"-Il( THIS PAGE INTENTIONALLY LEFT BLANK 120 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Micky Steinberg, Commissioner DATE: February 26, 2014 SUBJECT: Referral to the Land Use and Development Committee Please place on the March 5th City Commission Meeting a referral item to discuss amending Sec. 106-55 parking rates, fees and penalties to exempt single family homes. Thank you! If you have any questions please do not hesitate to call our office. MIAMI BEACH Commissioner Micky Steinberg OFFICE OF MAYOR AND COMMISSION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7103/ Fax: 305-673-7096/ www.miamibeachfl.gov We are committed to providing excellent public seNice and safety to all who live, work and play in our vibrant. tropical, historic community We are committed to providing excellent public service and safety to all who live, work. and play in our vibrant, tropical, historic community. 121 Agenda Item C'( G- Date 3 -J"-I c.{ Granado, Rafael From: Steinberg, Micky Sent: Wednesday, February 26, 2014 11:44 AM To: Subject: Morales, Jimmy; Granado, Rafael; Smith, Jose; Held, Gary; saulfrancis@miamibeachfl.gov Email re Land Use referral item Attachments: Building Card-l.pdf; Original Plans.pdf; plans for chimney garage.pdf; plans chimney driveway part two.pdf From: sarah wright [sarahw93@yahoo.com] Sent: Monday, February 17, 2014 3:01PM To: Steinberg, Micky Cc: Trofino, Tathiane; andrea@startupperia.com Subject: meeting request by Miami Beach resident {friend of Alex Orlofsky) Dear Commissioner Steinberg, I hope this email finds you well. Alex Orlofsky suggested I reach out to you about an issue my husband Andrea Maca rio and I are having with the Parking Department regarding a restoration project that we are undergoing at our house at 837 Espanola Way. In short, the Parking Department has indicated that we must pay a $35,000 fee to restore a previously-existing driveway to our house. The project under consideration is the partial restoration of an existing 1935 single-family residence located in the Espanola Way Historic District. The residence was designed by architect L. Murray Dixon in 1935. Attached please find the CMB Building Card and original plan drawing. My husband and I purchased the residence with the hope of restoring the home and returning it to its original use. A previous owner had illegally converted the original garage into an apartment in the 1970's, creating a non-conforming two-family residence. Under the recent CMB permit 81300995, the original garage was restored to its original use. Attached please find our A-3 sheet from this permitted and completed project showing the restored garage. We have recently been approved for additional restoration work under Permit Application 81305146. This work includes the restoration ofthe original garage driveway and curbcut. This Permit Application was approved by all CMB departments, including Planning, Zoning, Historic Preservation, Parking and Public Works. The Parking Department has now indicated that we are required to pay a $35,000 fee since one street parking spot will be removed in order to allow access to the driveway. At issue here is the application of Sec.106-55 of the City Code. It states the following: Sec. 106-55 Parking rates, fees, and penalties (h) Parking space removal. (2} Private requests for permanent parking space or loading zone removal prohibited: Private requests for permanent parking space or loading zone removal shall only be allowed for the purpose of creating access to an off-street parking facility or other vehicular access to the property. Private requests for the permanent removal of a parking space or loading zone for any other reason shall be prohibited. When permitted, the fee for the private permanent removal of a parking space or loading zone shall be the same rate as the fee in lieu of required parking, or $35,000.00 per space, whichever is greater. 1 122 Director Frances said that this section was created in response to commercial entities attempting to remove street parking in order to allow for commercial purposes such as outdoor seating. He did not believe that it was meant to address a situation such as ours where a private residence would like to restore a previously-existing driveway in order to access its garage. He said that the way that this section was written, however, prevented him from waiving the fee in our case. Given the legislative intent of this section, I believe that we should not have to pay $35,000 in order to access our garage. In addition, our application has already been approved by Planning, Zoning, Historic Preservation, Public Works, and the Parking Department, and there was no mention of the $35,000 fee. We were not given notice of the fee at the time of permit approval, and it is unreasonable to now come back and require us to pay $35,000 in order to have access to our driveway, restoration of which was approved by the aforementioned 5 City of Miami Beach departments. Also, by converting the garage apartment back to a garage, the City would be netting one street parking spot as the house would be converted back to a single-family dwelling, thereby reducing the number of residents requiring street parking. l would very much welcome an opportunity to discuss this issue with you when you have a moment. I can be reached by email {sarahw93@yahoo.com<mailto:sarahw93@yahoo.com>). Thanks in advance for the consideration, and I look forward to hearing from you. Kind regards, Sarah Sarah Wright 2 123 THIS PAGE INTENTIONALLY LEFT BLANK 124 BEACH OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: MAYOR PHILIP LEVINE MEMBERS OF THE CITY C. OMMISSION / CITY MANAGER JIMMY M~RAt CITY ATTORNEY JOSE SMITH ~ I ( / March 5, 2014 "· \ ~ PROHIBITION ON THE SALE OF E-CIGARETTES TO MINORS WITHIN THE CITY OF MIAMI BEACH. Pursuant to the request of Commissioner Micky Steinberg, the attached City of Miami Ordinance and Resolution are referred to the Neighborhood/Community Affairs Committee for consideration and recommendation with regard to the subject of the sale of nicotine vaporizers to minors. Under the Florida Statutes, nicotine vaporizers are not encompassed within the definition of "tobacco products" which is regulated by State law and the Federal Food and Drug Administration. The City of Miami has passed the attached Ordinance on first reading which makes the possession and sale of nicotine vaporizers and liquid nicotine dispensing devices illegal for persons under the age of eighteen. In addition, the Florida Legislature is considering Senate Bill 224 and House Bill 153 which would amend Chapter 569 of the Florida Statutes that regulates tobacco products to expand the regulations to include nicotine dispensing devices. If passed, the Bills would become effective July 1, 2014. The attached City of Miami Resolution urges the Florida Legislature to support the two Bills. F:\ATTO\TURN\COMMMEMO\Prahibition on Sale of Cigarettes to Minors.docx 125 Agenda Item C 1./H Date _g,.s--ty File Number: 14-00075 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL33133 WINW.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT HOUSE BILL 153 AND SENATE BILL 224 EXTENDING THE CURRENT PROHIBITIONS RELATING TO TOBACCO PRODUCTS FOR PERSONS UNDER THE AGE OF EIGHTEEN, BY PROHIBITING THE SALE, GIFTING, POSSESSION OR USE OF NICOTINE VAPORIZERS AND LIQUID NICOTINE DISPENSING DEVICES, INCLUDING ELECTRONIC CIGARETTES, TO AND BY PERSONS UNDER THE AGE OF EIGHTEEN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. WHEREAS, new, unregulated high-tech nicotine vaporizers, sometimes referred to as electronic cigarettes or a-cigarettes, have recently been made available to consumers, including minors, allow users to inhale vaporized liquid nicotine created by heat through an electronic ignition system, and the vapors are expelled via a cartridge that usually contains a concentration of pure nicotine; and WHEREAS, after inhaling, the user then blows out the heated vapors producing a "cloud 11 of undetermined substances; and WHEREAS, a majority of State Attorney Generals recently sent a letter to the Food and Drug Administration ("FDA"} urging the agency to regulate electronic cigarettes in the same way it regulates tobacco products stating that a-cigarettes are being marketed to children through cartoon-like advertising characters and by offering fruit and candy flavors, much like cigarettes were once marketed to attain new smokers; and WHEREAS, the FDA and public health advocates have warned these flavorings are purposefully meant to appeal to and attract young people and are commonly referred to as "training wheels" for traditional cigarettes; and WHEREAS, studies show that adolescents can become addicted to nicotine after ingesting the equivalent of 20 traditional cigarettes, the amount traditionally available in a single pack which can lead young people into a lifetime of nicotine addiction; and WHEREAS, in the United States, more than 90% of current adult smokers began smoking before the age of 18 and the younger an individual is when he or she experiments with smoking, the ·more likely he or she is to become a regular or daily smoker; and WHEREAS, two-thirds of children who begin smoking in the sixth grade become regular adult smokers, and almost half (46%) of those who initiate smoking in the eleventh grade become regular adult smokers; and WHEREAS, the percentage of United States middle and high school students who use electronic cigarettes, or a-cigarettes, more than doubled from 2011 to 2012, according to data published by the Ciry of Miami Pagel of2 Fileld: U-00075 (Venion: 11 Pritrted On: 1130/2014 126 File Number: 14-00075 Centers for Disease Control and Prevention; and WHEREAS, the City Commission supports House Bi11153 and Senate Bill224, which provides for an amendment to the Florida Statutes to extend the current prohibitions relating to tobacco products for persons under the age of eighteen (18), to prohibit the sale, gifting, possession or use of nicotine dispensing devices, that includes electronic cigarettes, to and by persons under the age of 18; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City·Commission urges Governor Rick Scott and the members of the Florida Legislature to support House Bill 153 and Senate Bill 224 extending the current prohibitions relating to tobacco products for persons under the age of eighteen, by prohibiting the sale, gifting, possession or use of nicotine vaporizers and liquid nicotine dispensing devices, including electronic cigarettes, to and by persons under the age of eighteen. Section 3. The City Clerk is directed to transmit a copy of this Resolution to Governor Rick Scott, Senate President Don Gaetz, the Speaker of the House Will Weatherford, the members of the Florida Legislature, Mayor Carlos Gimenez and the Members of the Miami-Dade County Commission. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} ND CORRECTNESS: ~0 Footnotes: {1} Words and/or figures stric\<,en through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. · {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (1 0) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the city Commission. City of Miami Page2 of2 File /d: 14-00075 (Version: 1 J Printed On: 1/3012014 127 City Hall City of Miami 3500 Pan American Drive Legislation Ordinance Miami, FL 33133 www.miamigov.com File Number: 14-00074 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES-MISCELLANEOUS", MORE PARTICULARLY BY ADDING A NEW SECTION TO PROHIBIT THE SALE, BARTER, PROVIDING DIRECTLY OR INDIRECTLY, GIFTING, MAKE AVAILABLE FOR USE OR POSSESSION, OR FURNISHING OF NICOTINE VAPORIZERS AND LIQUID NICOTINE TO PERSONS UNDER THE AGE OF EIGHTEEN (18); MOROEVER, MAKING THE POSSESSION OF THESE NICOTINE VAPORIZERS AND LIQUID NICOTINE ILLEGAL FOR PERSONS UNDERTHEAGE OF EIGHTEEN (18); PROVIDING DEFINITIONS FOR "NICOTINE VAPORIZER," AND "LIQUID NICOTINE"; PROVIDING FOR PENALTIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, new, unregulated high-tech nicotine vaporizers, sometimes referred to as electronic cigarettes ore-cigarettes, have recently been made available to consumers, including minors, allow users to inhale vaporized liquid nicotine created by heat through an electronic ignition system, and the vapors are expelled via a cartridge that usually contains a concentration of pure nicotine; and WHEREAS, after inhaling, the user then blows out the heated vapors producing a "cloud" of undetermined substances; and WHEREAS, a majority of State Attorney Generals recently sent a letter to the Food and Drug Administration ("FDA") urging the agency to regulate electronic cigarettes in the same way it regulates tobacco products stating that e-cigarettes are being marketed to children through cartoon-like advertising characters and by offering fruit and candy flavors, much like cigarettes were once marketed to attain new smokers; and WHEREAS, the FDA and public health advocates have warned these flavorings are purposefully meant to appeal to and attract young people and are commonly referred to as "training wheels" for traditional cigarettes; and WHEREAS, studies show that adolescents can become addicted to nicotine after ingesting the equivalent of 20 traditional cigarettes, the amount traditionally available in a single pack which can lead young people into a lifetime of nicotine addiction; and WHEREAS, in the United States, more than 90% of current adult smokers began smoking before the age of 18 and the younger an individual is when he or she experiments with smoking, the more likely he or she is to become a regular or daily smoker; and WHEREAS, two-thirds of children who begin smoking in the sixth grade become regular adult smokers, and almost half (46%) of those who initiate smoking in the eleventh grade become regular adult smokers; and Cily of Miami Page 1 ofJ File ld: U-00074 (Version: 1) Printed On: 1114120U 128 File Number: 14-00074 WHEREAS, the percentage of United States middle and high school students who use electronic cigarettes, or a-cigarettes, more than doubled from 2011 to 2012, according to data published by the Centers for Disease Control and Prevention; and WHEREAS, the federal law restricting the sale of tobacco products to minors currently applies only to cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco, and does not apply to nicotine vaporizers; and WHEREAS, the City Commission finds that it is in the best interest of and is necessary to protect the health, safety, and welfare of the residents and visitors of the City of Miami by prohibiting the sale of nicotine vaporizers and liquid nicotine to minors; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings found in the preamble of this ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 37 of the Code of the City of Miami, Florida as amended, entitled "Offenses-Miscellaneous", is amended in the followi_ng particulars: {1} "CHAPTER37 OFFENSES-MISCELLANEOUS Sec. 37-10. Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to Minors, Prohibited. {a) Definitions: Liquid Nicotine means any liquid product composed either in whole or in part of pure nicotine which can be used with Nicotine Vaporizers. Minor means a person under the age of eighteen (18l. Nicotine Vaporizer means any electronic or battery-operated device that can be used to deliver an inhaled dose of nicotine or other substance and includes those composed of a mouthpiece. heating element, and battery or electronic circuits that provide a vapor of Liquid Nicotine or other substances to the user. This term shall include such devices whether they are manufactured. distributed, marketed. or sold as an electronic cigarette, an electronic cigar. an electronic cigarillo. an electronic pipe. an electronic hookah. an e-cigarette. an e-ciqar. e-cigarillo. an e-pipe. an e-hookah. or under any other product name. (b) Prohibitions: City of Miami Page2of3 File ld: U-00074 (VeTSion: 2) Printed On: 2124120U 129 File Number: 14-00074 (1 l It shall be unlawful to sell. give. furnish. barter or make available directly or indirectly a Nicotine Vaporizer or Liquid Nicotine to a person under the age of 18 years old. The buyer or recipient's identification shall be examined to confirm that the buyer or recipient is at least 18 years of age. (2) In order to minimize the physical accessibility to minors. no person shall offer Nicotine Vaporizers or Liquid Nicotine in vending machines. (3) It shall be unlawful for a person under the age of 18 to possess or use Nicotine Vaporizers or Liquid Nicotine. (c) Penalties. Any person who violates any provision of this section commits a municipal ordinance violation and may be punished as provided in Section 1-13 of the Code of the City of Miami. Florida. as amended. * *II Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective 30 days after final reading and adoption thereof. {2} Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (1 0) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. Cizy of Miami Page3of3 File Id: 14-00074 (Ve~ion: 2) Printed On: 212412014 130 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeoch~.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City tm~si:n FROM: Jimmy L Morales, City Manager DATE: March 5, 2014 SUBJECT: REFERRAL TO THE LAND USE D DEVELOPMENT COMMITTEE- DISCUSSION ON THE PREPARAlDN OF FORM-BASED LAND DEVELOPMENT REGULATIONS. ADMINISTRATION RECOMMENDATION Refer the item to discuss the preparation of Form-Based Land Development Regulations to the Land Use and Development Committee. BACKGROUND Miami Beach has a long, rich history of beautiful architecture and development, beginning with early efforts by Carl G. Fisher and more recently with works from Morris Lapidus, Herzog de Meuron, Frank Gehry and Zaha Hadid, who have elevated the design of public and private buildings to a new standard. The Land Development Regulations presently in effect were adopted approximately 25 years ago and have governed the development, redevelopment and preservation of significant historic structures throughout the City. In an effort to protect the character of the historical and residential neighborhoods and facilitate development, the zoning ordinance is frequently amended and modified, resulting in an inconsistent patchwork of regulations. Such inconsistency and unpredictability can negatively affect desirable outcomes given the city's tight urban fabric. To restore consistency, predictability and transparency to the land use regulation process many cities have adopted Form-Based Codes. These codes are presented textually and graphically and provide a different approach to zoning as a means to regulate land development. While they do regulate land uses, Form-Based Codes focus on the physical form of development They address the relationship between buildings and public space and strive to create an integrated and sustainable development pattern that supports an active public realm. Unlike design guidelines, Form-Based Codes are regulatory, not advisory. This provides residents with assurances as to the scale and type of development that can be built ANALYSIS The City's current land development regulations are Euclidean based. The regulations typically contain complex criteria for permitted and conditional uses, minimum setbacks, and density and floor area ratio (FAR) restrictions. The regulations generally do not address how a building is 131 Agenda Item C£{I Date 5-~-/lf oriented on a site, impacts surrounding sites, or affects the pedestrian environment and public realm. This leads to a lengthy and complicated negotiation process between City staff and developers in order to achieve sound planning and development practices; often with varying levels of effectiveness. Form-Based Codes simplify permitted and conditional use requirements, focusing instead on building orientation, scale, context, and building frontages. The final form of development practices that are currently being negotiated with developers become part of the code; providing City staff, developers and the community with clear and consistent rules and regulations which new development must conform to. In Form-Based Codes, zoning designations are organized into Transect Zones or T-Zones, based on the Urban Transect Theory. Each T-Zone contains regulations which require transitions in scale and setbacks when they are in proximity to lower T -Zone in order to ensure appropriate transitions between zones. The Transects Zones that are generally applicable to the Miami Beach are the following: • Natural Zone (T1 ): this is reserved for natural conservation areas where development is not allowed, and any improvements are only to protect natural features and provide for public access if needed; • Sub-Urban Zone (T3): the least dense, most residential habitat of a community, typically consisting of single family houses; • Neighborhood General Zone (T4): a predominately residential habitat, typically consisting of houses, townhouses and small apartment buildings with some low-scale commercial uses; • Neighborhood Center Zone (T5): a denser, mixed-use habitat, typically consisting of townhouses and apartments with typically with substantial first-floor commercial uses; • Urban Core Zone (T6): the most dense, primarily commercial and lodging with cultural and entertainment concentration of a region, typically on major crossroads and grey field sites; and • Civic Zones (CB & CS): are sites reserved for public and institutional buildings, and recreation and open space uses. Permitted and conditional are regulated through the use of a suffix applied to the Transect. A simple list of permitted and conditional uses is provided, allowing a property owner or developer to quickly decipher what types of uses are permitted on a site. The suffixes are typically designated as follows: • Restricted (R): uses are generally limited to residential and in some cases, lodging uses; • Limited (L): intended to be primarily residential, with limited commercial components; and • Open (0): allows for a full range and mix of residential and commercial types of uses. 132 Such a code would work in conjunction with existing Historic Preservation regulations in order to ensure that new construction is compatible with historic districts and sites. In addition, they can include financial incentives, such as areas designated for transfer of development rights (TORs} that encourage property owners to preserve existing structures that have historic significance. Adoption of a Form-Based code will enable the City to formulate a strategic plan which will continue to promote and protect the historic character of the distinct neighborhoods while identifying areas for sustainable growth and development. Developers will have a clear understanding of the areas that are available for growth and will be able to focus their resources on projects that can succeed. The predictability that comes from this knowledge will encourage residential and commercial investment that will benefit both the City and its residents. A public benefits program can also be incorporated into a Form-Based code in order to encourage developers to provide uses that will improve the quality of life for residents such as public plazas, public recreation areas, or other public facilities that may be needed by the City. Form-Based Codes easily incorporate sustainable practices. Requirements and incentives for Green Buildings will allow residents and businesses in new buildings to reduce their energy costs and carbon footprints. They may also incorporate regulations to allow buildings to respond to the effects of climate change and sea level rise in a manner that does not detract from the pedestrian environment. This is accomplished by prescribing raised frontage types that encourage interaction with the pedestrian environment where they are needed. Ultimately, such a code would promote a predictable and stable environment for investment and provide a unified and unambiguous policy for simpler, more efficient implementation. It will ensure that the City has the tools necessary to achieve the highest quality of development while maintaining the unique historic character of Miami Beach's neighborhoods. Form-Based Codes have recently been adapted in the Miami, FL; Denver, CO; Philadelphia, PA. Many more local governments have adopted Form-Based Codes for specific neighborhoods. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the item to the Land Use and Development Committee workshop far discussion. J~RM/MCS/RAM T:IAGENDA\2014\March\Land Use Referral Form-Based LDR's.docx 133 THIS PAGE INTENTIONALLY LEFT BLANK 134 (") 0') ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov COMMI SION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: REPORT OF THE FEBRUARY 9, 2014 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on February 19, 2014. Land Use Committee Members in attendance were Commissioners Joy Malakoff, Michael Grieco, and Deede Weithorn. Other Commission Members in attendance were Micky Steinberg. Members from the Administration, including, Jimmy Morales, Thomas Mooney, Michael Belush, Jose Smith and Gary Held, as well as members of public, were also in attendance. Please see the attached sign-in sheet. The meeting was called to order at 3:03pm. 1. DISCUSSION REGARDING REVISIONS TO CITY CODE CHAPTER 54, VARIANCE REQUIREMENTS FOR HISTORIC PROPERTIES. (REFERRED BY CITY COMMISSION SEPTEMBER 11, 2013 CITY COMMISSION MEETING, ITEM C4C) VERBAL REPORT AFTER-ACTION Steven Scott, Deputy Building Director, provided an overview of the item and suggested that the item be withdrawn due to recent legislative changes. The item would continue to be monitored. MOTION: Withdrawal Accepted 2. DISCUSSION FOR CONSIDERATION OF ESTABLISHING ACCEPTABLE ACCESSORY USES PERMITTING RESTAURANTS IN CONTRIBUTING HISTORIC STRUCTURES WITHIN THE RM-2 CULTURAL ARTS NEIGHBORHOOD OVERLAY DISTRICT. {CONTINUED FROM THE JANUARY 22, 2014 LUDC MEETING SPONSORED BY COMMISSIONER JOY MALAKOFF ORIGINALLY REQUESTED BY COMMISSIONER JORGE R. EXPOSITO OCTOBER 16.2013 CITY COMMISSION MEETING, ITEM C4G) AFTER-ACTION Continued to March 19, 2014 Agenda Item C(p /-J. 136 Date 3~-/l( City Commission Memorandum Report of Land Use & Development Committee Meeting of February 19, 2014 Page 2of4 3. a) DISCUSSION REGARDING A CHANGE TO THE COMPOSITION OF THE DESIGN REVIEW BOARD TO A BOARD OF PROFESSIONALS. (REQUESTED BY COMMISSIONER JOY MALAKOFF JANUARY 15.2014 CITY COMMMISSION MEETING, ITEM C4C) 3. b) DISCUSSION REGARDING 1) AMENDMENT TO CITY CODE SECTION 2-459, TO PROVIDE FOR LIMITED EXCEPTION PERMITTING "ASSOCIATES" OF CITY AGENCY MEMBERS TO LOBBY AS ARCHITECTS/DESIGN PROFESSIONALS BEFORE A CITY LAND USE BOARD; AND RELATED PROCESS FOR AMENDING CODE SECTION 2-459; AND 2) STREAMLINING CITY' IGN APPLICATION PROCESS BY AMENDMENT OF CITY'S LAWS TO PE ARIANCE REQUESTS ARISING OUT OF PROJECTS BEFORE DESI EW BOARD AND/OR HISTORIC PRESERVATION BOARD BE HEAR BOARDS, RATHER THAN NECESSITATING APPLICANT TO RATE VARIANCE APPLICATION TO BOARD OF ADJUSTM~ AND RE PROCESS FOR LAWS' AMENDMENTS. ;;'~/.. . ·. · ;., (REQUESTED BY COMMI-lER JOY MALAKOFP{k FERBRUARY 12, 2014 CITY CQJliil{JIISSION M . , ITEM1ila) ,._._ AFTER-ACTION .J<" •• Thomas Mooney and Gary Held pr,Qvided an n\1~~ ballot language. :;;~1:+~·,,, .:., ' . ··d~::..::~~/ ~ .• . :. '< Commissioner Weithorn discussed .... Ttf'IJtiLJR~ed cr·'l'l·. ·-.:~s could attract more design professionals, and proposed that mor~l.lj a mid'#jJIJ!If*Od explored in terms of who would be permitted to 1~, >: · · ~ . . . l Public Comment ~ed. Commissioner ~orn ex~e:d a con~ with Land Use Board absences, Board me 1 mbders lea.ving ·~in~,~··~··'·.·.· .•. ~ .•. '.ciirent allowance of up to 4 absences in a caen ~· ·· · .!'> ~Bt' ~:. ballot I. age llll!!'rding transfer of Board of Adjustment powers, as may be :'~~revised by the~ Atto~'s Office, to the Full City Commission with a favorable ?~ommendation:·Q. Weithorn I M. Grieco (3-0) . . ··;r..: --~ • 2. M~llot la~e regarding amendments to Chapter 2-459, as may be revised by tf1e·;·.Gity . ···'· ney's Office, to the Full City Commission with a favorable recomm~. D. Weithorn I M. Grieco (3-0). 3. Direct the Administration to prepare Code Amendments for review by the Land Use Committee on April 9, 2014, which address the following: • The 2 year waiting period required between at the end of a 6 year term • Revising and clarifying the powers and duties of each Board. • Codifying the 'Practical Difficulty' standard. • Adding Board Member removal criteria. • Transferring the authority of the Flood Plain Management Board to the 137 City Commission Memorandum Report of Land Use & Development Committee Meeting of February 19, 2014 Page3 of4 Historic Preservation Board. D. Weithorn I M. Grieco (3-0) 4. DISCUSSION ON A CODE AMENDMENT TO THE RM-3 ZONING DISTRICT SETBACK REGULATIONS FOR DETACHED ADDITIONS ALSO REFERRED TO AS CABANA STRUCTURES, AT OCEANFRONT LOTS LOCATED IN THE MIAMI BEACH ARCHITECTURAL DISTRICT, AND FOR ADA WALKWAYS AND RAMP STRUCTURES IN SIDE YARDS. (REQUESTED BY CITY COMMISSION JANUARY 15. 2014 CITY COMMISSION MEETI AFTER-ACTION: Thomas Mooney provided an overview of the item. Michael Larkin and Neisen Kasdin spoke in favor of on behalf of affected clients. ,;:,l:. Gary Held proposed alternative language for th~~ptered walkways amendment. . :~;:-" of the proposed MOTION: Refer to the Planning Board with M. Grieco I D. Weithorn (3-0) 5. DISCUSSION ON AN REGULATIONS TO REPEAL ADDITIONAL CONDITIONAL ZONING DISTRICT ALONG TH (RE CO ;.:.:.z...::::ll!illi;o;; CITY LAND DEVELOPMENT , WHICH CREATED AN RAGE IN THE CD-2 AFTER-ACTIOJI.i{ . · . . :P. . . . . Thomas Mooney9.1ded an,~~~w. mclu. the leg1slat1ve h1story. Wayne Path man p~ect-~~~~i·' the Alton Road site between 6th and 7&~ Street3~~:~Jf: ~;, ··'·;;:: ·· ~ '\ ·· · · ''' '1)~\.' C,Jf!l1~~sioner G~~indic-that he does not support the repeal of the Ordinance. '':...,it'. ···. C~-sioner Weith~~greedf_.d emphasized the previous support from surrounding area •.,\t'i'~. . '~t1~~·: .. , j"~,- ' ::~~-';if~~"' :>-.::•. MOTION~~ommen~aDT to repeal the Ordinance. M. Grieco I o::-ithQm'{3-0) ·~~: . . . 6. DISCUSSION!. THE PROPOSED TERMINAL ISLAND RESIDENTIAL PROJECT. (REQUESTED BY CITY COMMISSION FEBRUARY 12. 2014 CITY COMMISSION MEETING, ITEM C4G) PRESENTATION AFTER-ACTION Presentation made by the developer of the site. Comm. Grieco raised questions regarding the Coast Guard station and the impact on the site lines of the existing residential towers along Alton Road, south of Fifth Street. 138 City Commission Memorandum Report of Land Use & Development Committee Meeting of February 19, 2014 Page4 of4 Public comment was taken. Commissioner Weithorn inquired about what would happen if the City should need FAR in the future for expansion needs Thomas Mooney re-iterated the need to address the overall FAR requirements for both the City facility and the proposed residential project. MOTION: Continue the discussion to the April 9, 2014 meeting, to give the developer time to present a more complete proposal, which addresses all of the issues outlined at the meeting. M. Grieco I D. Weithorn (3-0). 7. DISCUSSION REGARDING CHANGING THE LEVEL BUILDING IS BUll T FROM GRADE TO BASE F (REQUESTED BY COMMISSION FEBRUARY 12,2014 CITY COMMI AFTER-ACTION: Continued to March 19, 2014. Meeting Adjourned at 5:1 0 PM Attachment 139 ~ ~ 0 1. 4. 5. 6. 8. 9. 10. 11. NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING February 19, 2014 City Commission Chambers Attendance Sheet CONTACT NUMBER I I WISH TO RECEIVE THE AGENDA ELECTRONICALLY o). 33 )-'275 E-MAIL ADDRESS rt7.ihAlA 'f-635'-510 ohl'\ • f'I'\Cw: \ l ;"""'~@b:+J"\1 re. '1-ho (tl. c o'f'\t1 @ oc. V' ~ ~ velopment Committee\2013\Sign In Sheet 2013.docx 1 Jc Y~Ml 3 os TTz· ~ wa~ .----\t\ 't l L 3 @ ~ e. o~ THIS PAGE INTENTIONALLY LEFT BLANK 141 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfLgQY COMMITIEE MEMORANDUM TO: Mayor Philip Levine and Member FROM: Jimmy L. Morales, City Manager___ ""'-~ DATE: March 5, 2014 SUBJECT: REPORT OF THE SPECIA FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETI G ON FEBRUARY 21,2014 The agenda is as follows: NEW BUSINESS 1. Discussion regarding a possible partnership between the City of Miami Beach and the Bicycle Action Committee (BAC} in an effort to promote safety for Bicyclists ACTION The Committee recommended moving forward with the Bicycle Safety Campaign focusing on the importance of bicycle and driver awareness when sharing the streets of Miami Beach. The Committee also agreed to a partnership with local bicycle advocate Mr. Richard Cahlin involving the sale of cycling clothing to help raise funds for bicycle programs. The Committee requested that someone speak to the movie theater to do an in kind video advertisement spot. The source of funding will be looked into and approved later as a separate item along with the items in the preliminary cost breakdown. 2. Discussion Regarding The Proposal For A New Lease Between The Miami Beach Redevelopment Agency ("Landlord" or "RDA"} And Vacation Store, Inc., The Successor In Interest To The Existing Tenant, Vacation Tours Of South Beach, Inc. ("Tenant"), For The Use Of Suite "J" at the Anchor Shops, Located at 100 16th Street, Suite No. 5, Miami Beach, Florida 33139 ("Space"}, For An Initial Term Of Three (3) Years, Commencing On March 18, 2014 and Ending On March 17, 2017, With One (1) Renewal Option Of Three (3) Years, At The RDA's Sole And Absolute Discretion, Subject To And Pursuant To The Terms And Conditions Set Forth In The Agreement; And .. 142 Agenda Item C.i:J/:3 Date 8-S:Il( Further Including The Authority To Negotiate A Month To Month Tenancy With Tenant Until Such Time As A New Lease Is Executed For The Space regarding TECO/Peoples Gas System, Inc. Franchise Agreement ACTION The Committee recommended accepting the three year lease recommendation with Vacation Store, Inc. with one three year option at the City's sole discretion. 3. Discussion regarding the Washington Avenue pump station for funding allocation ACTION The Committee recommended referring this item to the Planning Department who would recommend ideas for how to better contain the electrical panel and power meter. The Committee recognizes that doing this will set precedence throughout the City as to how to handle this in the future with other neighborhoods. Public Works will bring the item back to the Finance and Citywide Projects Committee to approve the cost options in 2 months with a proposal to be sent via LTC of the different sketches and proposals. The Design Review Board will way in after receipt of this recommendation. 4. Discussion on the Review and Recommendations for improving the City's Procurement Code completed by the National Institute for Public Procurement (NIGP) ACTION The Committee recommended accepting the recommendations for improving the procurement code in line with the NIGP's report and the Administration's recommendations; and, directed staff to prepare the necessary ordinance changes for consideration by the City Commission. s. Discussion regarding Storm Water Future Bonds and Proposed Rates ACTION Item Deferred. 6. The Committee Chair requested that the following items be placed on the next agenda; item # 157,175 and 178 from the attached FCWP pending items list 143 ~ ~ ~ Item II 1 154 157 158 174 175 178 1!:!0 162 183 184 165 F&CWP Pending Items-Commission Referrals Title Referred By Date Refemod Handled By Patricia Walker Status update on Business Tax Process Improvement Jorge R. Exposito Kathie Brooks Discussion on the Review and Recommendations for July 19. 2013 improving the City's Procurement Code completed by the J1mmy Morales Alex Denis National Institute for Public Procurement IN IGP) Commission )tern C4B Discussion regarding proposed City Wide survey of Single July 19, 2013 Farn1ly Home Districts in order to determine the number of Thomas Mooney architecturallv sicnificant homes in the Citv Commission Item C4M Discussion regarding a possible partnership between the July 19, 2013 City of Miami Beach and the Bicycle Acl1on Committee (BAC) Deede Weith om Eric Carpenter in an effort to promote saifety for Bicyclists Commission Item C4P Discussion to support Miami-Dade County Public Schools Spanish Foreign Language initiati\19 in which all Miami Beach Feeder Schools offer Spanish Foreign Language September 11. 2013 tracks to enable all interested Miami Beach students to take Michael Gongora Commission Item R90 Lestie Rosenfeld Spanish for High School credit in all Miami Beach Middle Schools and High Schools (Nautilus Middle, Feinberg Fisher KB. and Rutih K Broad Bay Harbor Ka) Ordinance No. 2013-3826 adopted and referred to the October 16, 2013 Finance and Citywide Projects Committee to discuss the 60 Jorge R. Expos,to Commission Item RSK SyMa Crespo-Tabak em...l1)o_ye_es that are capped out Discussion that looks into what occurs with our MBPD retired October 16, 2013 police dogs and to discuss possible allocation of funding for Jorge R. Exposito Commission Item R90 Raymond Martinez their medical needs DISCUSSion regarding the Budget Advisory Committee's (BAC) Recommendation for a City Resort Tax Reserve Oeede Weithom December 11, 2013 John Woodruff Policy (As Described in LTC No. 422-2013 Budge\Advtsory Commission Hem C4J Committee Motion) Discussion regarding the modification of the master plan plan to make a shared bike lane, with the caveat that EdWard l Tobin December 11, 2013 Eric Carpenter automobiles slow down due to the increase in acccidents Commission Item R9H with bicvclas to find fundin!l sources Discussion regarding the Washington Avenue pump staloon Edward L. Tobin December 11, 2013 Eric Canpenter for funding allocation Commission Hem R9H Discussion Regarding The Proposal Fer A New Lease Between The M1ami Beach Redevelopment Agency ("Landlord" or "RDA") And Vacation Store, Inc., The Successor In Interest To The Existing Tenant. Vacation Tours Of South Beach. Inc ("Tenant"), Fer The Use Of Suite • J" at the Anchor Shops, Loceted at 100 16th Street, Suite No.5, Miami Beach, Florida 33139 {"Space"), For An Initial Term Of Three (3) Years, Commencing On March 16,2014 Max Sklar and Ending On March 17, 2017, With One (1) Renewal Option Of Three (3) Years, At The RDA's Sole And Absolute Discretion. Subject To And Pursuant To The Terms And Conditions Set Forth In The Agreement; And Further Including The Aulhority To Negotiate A Month To Month Tenancy With Tenant Until Such Time As A New Lease Is Executed For The Space Stormwater Future Bonds and Procosed Rates Patricia Walker Attachment 1 Date Expiring perResoll Note 2013-28147 Aw31ting new business tax system 9120113 The Committee recommended teav1ng this item on the agenda since the 09/2312013 new ACCELA process is still pending. 1/30114 Commissioner Weithom is working with P Walker on this item that is still awaiting ACCELA implementation 01/19/21lU 1130114 Deferred Ia next mtg 1/30114 Commissioner Weithom will sponsor this item and it 01119/2014 was deferred to next mtg 1130114 Commissioner Weithom will sponsor this item and it 01119/2014 was deferred to next mtg 0311112014 1130/14 Commissioner Steinberg will sponsor this aem 1/30114 Commissioner We,lhom deferred this item to next IM/17/ZOU mtg IM/17/20U 1130114 Commissioner Weithom will sponsor th1s item otii1112DU 0611112014 0611112814 01/1112014 THIS PAGE INTENTIONALLY LEFT BLANK 145 COMMISSION ITEM SUMMARY Condensed Title: I A Resolution authorizing the City Manager or his designee to apply for and accept five (5) grants Key Intended Outcome Supported: 1) 2) and 3) Maintain city's infrastructure; 4} Increase Community Satisfaction with City government; 5) Increase satisfaction with family recreational activities. Supporting Data: Community Satisfaction Survey 2012: 1) 2) and 3) 21.4% of residents stated that "improving infrastructure" was one of the areas that the City can address to improve public safety 4) N/A; 5) The typical resident visited City parks/recreational areas 58 times during 2012, an increase from 47 times in 2009; Item Summary/Recommendation: The Administration requests approval to authorize the City Manager or his designee to take the following actions: 1) Submit a grant application to Florida Inland Navigation District (FIND) in the approximate amount of $1,000,000 for the construction of Normandy Shores Park Seawall; 2) Submit a grant application to Florida Inland Navigation District in the approximate amount of $1,000,000 for the construction of Indian Creek Park Seawall; 3) Submit a grant application to Florida Inland Navigation district in the approximate amount of $500,000 for the construction of Muss Park Seawall and Kayak Launch; 4) Submit a grant application to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program, in the approximate amount of $1 ,000,000 for funding for emergency generators, and, further, retroactively approving the following: 5) Submittal of a grant application to the National Football League Foundation Grassroots Program and Local Initiatives Support Corporation (LISC) for funding in the approximate amount of $200,000 for the renovation of the Flamingo Park Practice Field; appropriating the above grants, funding requests, matching funds, and city expenses, if approved and accepted by the City and authorizing the execution of all necessary documents related to the aforestated applications, including, without limitation, audits, and authorizing the City Manager or his designee to take all necessary actions related to these grants and funding requests. Financial Information: Source # Grant Name/Project Approx. Approximate Match of Award Amount/Source Funds Amount ~ 1 FIND/Normandy Shores Park $1,000,000 $120,000 -Seawall Repairs Seawall Construction project (351-2150-069358) and $880,000 will be requested through the FY 2014/15 capital budQet process 12 FIND/Indian Creek Park $1,000,000 $1,000,000 -Matching funds will Seawall Construction be requested through the FY 2014/15 capital budget process 3 FIND/Muss Park Seawall and $500,000 $500,000 -Matching funds are Kayak Launch available in the Seawall Muss Park Rehab. Project (302-2761- 069357 and Muss Park Kayak Launch Project (302-2758- 069357) 4 FEMA/Generators $1,000,000 $250,000 -Matching funds will be requested through the FY 2014/15 capital budget process 5 NFL Grassroots Foundation -$200,000 $200,000-Matching funds will LISC/ Flamingo Practice Field be requested through the FY 2014/15 budget process Financial Impact Summary: N/A Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Assistant City Manager MIAMI BEACH 147 DATE $-s-11/ C7A (9 MIAMI BEACH C:ity of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the Cit DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APP OVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT IN THE APPROXIMATE AMOUNT OF $1,000,000 FOR THE CONSTRUCTION OF NORMANDY SHORES PARK SEAWALL; 2) SUBMIT A GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT IN THE APPROXIMATE AMOUNT OF $1,000,000 FOR THE CONSTRUCTION OF INDIAN CREEK PARK SEAWALL; 3) SUBMIT A GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT IN THE APPROXIMATE AMOUNT OF $500,000 FOR THE CONSTRUCTION OF MUSS PARK SEAWALL AND KAYAK LAUNCH; 4) SUBMIT A GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF $1,000,000 FOR FUNDING FOR EMERGENCY GENERATORS, AND, FURTHER, RETROACTIVELY APPROVING THE FOLLOWING 5) SUBMITTAL OF A GRANT APPLICATION TO THE NATIONAL FOOTBALL LEAGUE FOUNDATION GRASSROOTS PROGRAM AND LOCAL INITIATIVES SUPPORT CORPORATION (USC) FOR FUNDING IN THE APPROXIMATE AMOUNT OF $200,000 FOR THE RENOVATION OF FLAMINGO PARK PRACTICE FIELD; APPROPRIATING THE ABOVE GRANTS, FUNDING REQUESTS, MATCHING FUNDS, AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THE AFORESTATED APPLICATIONS, INCLUDING, WITHOUT LIMITATION, AUDITS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THESE GRANTS AND FUNDING REQUESTS ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Approval to submit an application to Florida Inland Navigation District (FIND) in the approximate amount of $1,000,000 for the construction of Normandy Shores Park Seawall 148 Commission Memorandum Page2 The Florida Legislature created s. 374.976, Florida Statutes in recognition of the importance and benefits of inland navigation channels and waterways, as well as in acknowledgement of the problems associated with the construction, continued maintenance and use of these waterways. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The program that provides funding for these projects is called the Waterways Assistance Program. The Administration intends to submit three applications under this program. For each application, FIND requires a $1:$1 match. Exhibit A, attached to this agenda item is a copy of the 2014 Resolution for Assistance under the Florida Inland Navigation District Waterways Assistance Program that will be submitted along with each application. The first submittal will be for shoreline restoration of Normandy Shores Park seawall, which has been rated as "Critical" condition. The design portion of this project has already commenced and the application to FIND will be for construction funding only. Construction is estimated to cost approximately $2.36 million, and the request to FIND will be for approximately $1 million. Matching funds in the amount of $120,000 are available in the Seawall Repairs project (351-2150-069358) and the balance of funds needed to complete this project will be requested through the FY 2014/15 capital budget process. This project supports the key intended outcome to maintain City's infrastructure. 2. Approval to submit an application to Florida Inland Navigation District (FIND) in the approximate amount of $1.000.000 for the construction of the Indian Creek Park seawall Indian Creek Park is also known as Brittany Bay Park, and the seawall has been rated as "Serious" condition. In October 2013, the City was awarded funding in the amount of $160,000 from Florida Inland District (FIND) for the design of Indian Creek Park seawall. Design for this project is underway and construction is anticipated to commence during the Fiscal Year 2014/2015. Construction of this project is estimated at $2.391 million. The City intends to apply for funding in the approximate amount of $1 million. Matching funds in the amount of $1 million, and the balance of funding to complete this project will be requested the FY 2014/15 capital budget process. This project supports the key intended outcome to maintain City's infrastructure. 3. Approval to submit an application to Florida Inland Navigation District (FIND) in the approximate amount of $500.000 for Muss Park Seawall Renovation and Kayak Launch In addition, to the above two FIND applications, the City intends to submit an application to Florida Inland Navigation District for the construction of a kayak launch at the west end of Muss Park along the Biscayne Waterway, and replacement of the seawall in Muss Park. The Kayak launch will be ADA compliant, to allow safe and easy access in and out of the water. Cost of this project is estimated at $1 million, and the City intends to apply to FIND for funding in the amount of $500,000. Matching funds in the amount of $500,000 for this project are available in the Seawall Muss Park Rehab. Project {302-2761-069357 and Muss Park Kayak Launch Project (302-2758-069357). This project supports the key intended outcome to maintain City's infrastructure. 149 Commission Memorandum Page3 4. Approval to submit a grant application to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program. in the approximate amount of $1.000.000 emergency generators FEMA's Hazard Mitigation Grant Program (HMGP) assists in implementing long-term hazard mitigation measures. The goal of the program is to implement cost-effective hazard mitigation activities that complement comprehensive mitigation programs, reduce injuries, loss of life, and damage and destruction of property. The City has a FEMA-approved mitigation plan and is eligible to receive project grant funding under the Hazard Mitigation Grant program. The Administration proposes submitting a request for emergency generators. Generators are needed for city facilities, and for the City's storm water systems. The City currently has 15 active pumps, and another five additional pumps will be completed shortly. Additionally, six large pump stations for the Alton Road project will be online within a year and the City' plans to put on 38 additional pumps stations in the next five years. Generators are required citywide in the event of an emergency/power loss. A 25% match is required of this grant; matching funds in the amount of $250,000 will be requested through the FY 2014/15 budget process. This project supports the key intended outcome to increase community satisfaction with city government. 5. Retroactive approval for the submittal of a grant application to the National Football League Foundation Grassroots Program and Local Initiatives Support Corporation (LISC) for funding in the approximate amount of $200,000 for the renovation of Flamingo Park Practice Field The NFL Foundation Grassroots Program is a partnership of the National Football League Foundation, which provides funding for the Program, and the Local Initiatives Support Corporation (LISC), which provides technical assistance and manages the program. The goal of the program is to provide non-profit, neighborhood-based organizations with financial and technical assistance to improve the quality, safety, and accessibility of local football fields by providing grants of up to $200,000 for capital improvement projects. The City's application is sponsored by Miami Beach Community Development Corporation, and as required, the field is located in a Target Market (Miami-Dade County for the Miami Dolphins) and in a low to moderate-income area (Flamingo Park neighborhood). The City was previously awarded funding for the renovation of Flamingo Park Football Field by the NFL Foundation Grassroots Program. This year, the Administration intends to apply for funding for the Practice Field at Flamingo Park, which is also in need of renovation. The estimated cost of renovation of the Practice Field is $725,000 and in order to meet the grant deadline, the City has submitted an application requesting $200,000, for the renovation. Matching funds in the amount of $200,000, and the balance of funding needed to complete the project will be requested through the FY 2014/15 capital budget process. CONCLUSION A Resolution of the Mayor and City Commission of the City of Miami Beach, Florid approving and authorizing the City Manager or his designee to take the following actions: 1) Submit a grant application to Florida Inland Navigation District in the approximate amount of $1,000,000 for the construction of Normandy Shores Park Seawall; 2) Submit a grant 150 --------- Commission Memorandum Page4 application to Florida Inland Navigation District in the approximate amount of $1,000,000 for the construction of Indian Creek Park Seawall; 3} Submit a grant application to Florida Inland Navigation district in the approximate amount of $500,000 for the construction of Muss Park Seawall and Kayak Launch; 4) Submit a grant application to the Federal Emergency Management Agency (FEMA} Hazard Mitigation Grant Program, in the approximate amount of $1,000,000 for funding for emergency generators, and, further, retroactively approving the following: 5} Submittal of a grant application to the National Football League Foundation Grassroots Program and Local Initiatives Support Corporation {LISC) for funding in the approximate amount of $200,000 for the renovation of the Flamingo Park Practice Field; appropriating the above grants, funding requests, matching funds, and city expenses, if approved and accepted by the City and authorizing the execution of all necessary documents related to the aforestated applications, including, without limitation, audits, and authorizing the City Manager or his designee to take all necessary actions related to these grants and funding requests. JLM/JW/JMH T:\AGENDA\2014\March\Grants Memo.docx 151 ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE 2014 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Exhibit A WHEREAS, THE-~---~--~----is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of _________ _ and the State of Florida: Project Title _________________________ _ Total Estimated Cost$ --------------------------- Brief Description of Project: AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the-------------~ (Name of Agency) that the project described above be authorized, AND, be it further resolved that said ___________________ _ (Name of Agency) make application to the Florida Inland Navigation District in the amount of ___ % of the actual cost of the project in behalf of said------------------ (Name of Agency) AND, be it further resolved by the -----------------------------------(Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 152 (1) 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said _______ _ ------------------for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the----------------at a legal meeting held on this ____ day of _______ 20 Attest Signature Title Title (2) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 153 RESOLUTION TO BE SUBMITTED 154 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 2014-001, For An Electronic Agenda System. Ke Intended Outcome Supported: Supporting Data (Surveys, Environmental Scan, etc.:) N/A Item Summary/Recommendation: On September 11, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP} No. 2014-001 for an Electronic Agenda System. The RFP was issued on October 31, 2013, with an opening date of December 17,2013. The solicitation was advertised and notices were released to prospective proposers. The RFP resulted in proposals from the following five (5) firms: Carasoft Technology Corporation; CommLINK, LLC; Granicus, Inc.; Novusolutions; and Provox Systems, Inc. On January 7, 2014, the City Manager via Letter to Commission (LTC) No. 10-2014 appointed an Evaluation Committee (the "Committee"). The Committee convened on February 20, 2014, to consider proposals received and interview the proposers. After review of proposals and presentations by proposers, the proposals were evaluated in accordance with the criteria set forth in the RFP. RECOMMENDATION In accordance with the evaluation process outlined in the RFP and the due diligence review by the City Manager, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to RFP 2014-001 for an Electronic Agenda System; authorizing the Administration to enter into negotiations with top-ranked proposer, Novusolutions; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Provox Systems, Inc.; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Carahsoft Technology Corporation; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Granicus, Inc.; and further authorizing the Mayor and City Clerk to execute agreements upon completion of successful negotiations by the Administration. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amount lt1J Funds: 1 $17,300 OBPI Total Financial Impact Summary: (9 MIAMI BEACH 552-6161-000679 155 Account AGENDA ITEM CZB DATE .J-y/C{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: Mayor Philip Levine and Members Jimmy L Morales, City Manager March 5, 2014 COMMISSION MEMORANDUM the~ission SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2014-001, FOR AN ELECTRONIC AGENDA SYSTEM. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve process through Information Technology; promote transparency of City operations. FUNDING The cost associated with the acquisition of an electronic agenda system is $51,350 over a five (5) year period. Funding in the amount of $17,300 for the first year investment is allocated in Account 552-6161-000679. Additional funding required for subsequent year renewals, or due to increased need of services, will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND Currently, agenda items are prepared in M.S. Word, and are routed in paper form from the initial preparer, to the Department/Division Director, to the appropriate Assistant City Manager, and finally to the City Manager for his approval. Any edits required to a document oftentimes requires the rerouting of the document back to its originator, creating inefficiencies and delaying the agenda preparation process. Once the Office of the City Clerk receives all the signed agenda items, the Agenda Coordinator and the City Clerk prepare the Agenda Packet consisting of the agenda, staff reports, and associated attachments. The Office of the City Clerk utilizes MS Word to produce the agenda. The Agenda Packet is scanned in order to convert it into Portable Document Format (PDF); the PDF Agenda Packet is then processed through Optical Character Recognition (OCR) software to convert the PDF file into editable and searchable data. The Agenda Packet in PDF/OCR format is published on the City Clerk's webpage for access by citizens. The proposed Automated Agenda Management software will provide an automated workflow to prepare, track, modify and monitor the progress of individual items for a specific agenda date. After review by appropriate persons, the system will allow for easy assembly of the documents into a single cohesive Agenda Packet for publication. The system will provide the ability to easily audit individual items to determine the modifications made by reviewers to the original document, and provide flags for items that have not been reviewed in the process. 156 Commission Memorandum-RFP #2014-001 Electronic Agenda System March 5, 2014 Page2 Integration with the City's existing Microsoft Exchange e-mail system will allow for notification e-mails at specific milestones in the processing of items. While the primary objective is to automate the City Commission agenda preparation and management process, the City may explore the system's ability to provide for paperless distribution of Agenda Packets, paperless meetings, and to support other legislative bodies, such as the Commission Committees. This software will allow the City to save time and money by automating the paper-intense agenda process, while facilitating communication between the City Departments, the City Manager's Office and the Office of the City Clerk. It is anticipated that the Automated Agenda Management Software will streamline the agenda building process and provide the capability of easily posting the agenda, with attachment, to the City's web page to provide citizens the ability to view all documents being provided to the City Commission. The following benefits are expected if the City Commission approves the move to an Automated Agenda Management Software: 1. Improve Internal Controls -The software will provide the ability to easily audit individual items to determine the modifications made by reviewers to the original document, and provide flags for items that have not been reviewed in the process. 2. Improve Speed of Business Processes -The software will eliminate manual workflows; create and manage items for agendas in one system; and automate agenda item approvals with electronic approval processes. 3. Simplify Agenda Creation -The software will automatically compile flies and supporting materials for upcoming meetings, and organize, store and retrieve electronic documents, which can easily be uploaded to the City Clerk's webpage for access by citizens. 4. Improve Customer Service -The software will track legislation and generate historical reports for staff, citizens and the City Commission. RFP PROCESS On September 11, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2014-001 for an Electronic Agenda System. The RFP was issued on October 31, 2013, with an opening date of December 17, 2013. The solicitation was advertised and notices were released to prospective proposers. The RFP resulted in proposals from the following five (5) firms: 1. Carahsoft Technology Corporation 2. CommLINK, LLC 3. Granicus, Inc. 4. Novusolutions 5. Provox Systems, Inc. CommLINK, Inc. was deemed non-responsive due to failure to sumbit documentation required by the RFP. 157 Commission Memorandum-RFP #2014-001 Electronic Agenda System March 5, 2014 Page3 On January 7, 2014, the City Manager via Letter to Commission (LTC) No. 10-2014 appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • • • • • • Sandra Novoa, Town Clerk, Town of Surfside Frank Kruszewski, Resident Carmen Sanchez, Deputy Planning Director, City of Miami Beach Marcia Monserrat, City Manager's Office, City of Miami Beach Rafael Granado, City Clerk, City of Miami Beach Bob Biles, Applications Manager, IT Department, City of Miami Beach Alternates: • • • Conchita Alvarez, Town Clerk, Village of Key Biscayne Ken Bereski, Resident and Leadership Academy graduate Oscar Santiesteban, IT Department, City of Miami Beach Oscar Santiesteban replaced Bob Biles for the IT Department; Frank Kruszewski was unable to attend and an alternate could not be scheduled due to short notice. The Evaluation Committee (the "Committee") convened on February 20, 2014, to consider proposals received and interview the proposers. The Committee was provided with information relative to the City's Cone of Silence and Government in the Sunshine law, general information on the scope of services, reference responses, and additional pertinent information from all responsive proposers. After proposer's presentations and interviews, the Committee discussed the proposers' qualifications, experience, and competence, and further scored the proposers accordingly. The Committee was instructed to score each proposal pursuant to the Step 1 evaluation established in the RFP. ' Step 1 ·Qualitative Criteria Maximum Points Proposer Experience and Qualifications, including Financial Capability Scope of Services Proposed Approach and Methodology 20 40 20 TOTAL AVAILABLE STEP 1 POINTS 80 Following the results of Step 1 Evaluation Qualitative criteria, the Department of Procurement Management added the Step 2 quantitative criteria in accordance with the formula established in the RFP. Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to the following ordinances. LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. Please note that no proposer was eligible for local's preference. 158 Commission Memorandum-RFP #2014-001 Electronic Agenda System March 5, 2014 Page 4 VETERANS PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. Please note that no proposer was eligible for Veteran's preference. Step 2 -Quantitative Criteria Cost Proposal Local and Veterans Preference Miami Beach-Based Vendor Veterans and State-Certified Service-Disabled Veteran 20 5 5 After combining Step 1 and 2 of the Evaluation process, the final ran kings are as follows: Rafael Marcia Carmen Sandra Oscar Low Granado Monserrat Sanchez Novoa Santiesteban Aggregate Totals Carahsoft Technology (61) 3 {85) 2 (56) 3 {69) 3 (79) 3 (14} 3 Corporation Granicus, Inc. (45) 4 {55) 4 (40) 4 (42) 4 (76) 4 (20} 4 Novusolutions (88) 1 (93) 1 (91) 1 (91) 1 (93) 1 {5) 1 Provox Systems, Inc. (69) 2 (79) 3 (57) 2 (75) 2 (84) 2 (11} 2 A detailed tabulation showing the rates of each proposer is included in Appendix A. In determining responsiveness and responsibility of the firms, the Department of Procurement Management verified compliance with the minimum requirements established in the RFP, financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report, and past performance through client references submitted by each bidder. Novusolutions has been in business since 2000. Their offices are located in Tampa and Weston, Florida. They serve the Government and Education markets with software products designed to increase effectiveness in various areas. Novusolutions customers include the cities of North Miami Beach, Plantation, Orlando, and Daytona Beach among others. Provox Systems, Inc. is a Texas based manufacturer and solution provider with over 22 years of experience in Agenda Meeting Management solutions for municipalities, organizations, education and health customers, including Otero County in New Mexico, Putnam County in Georgia, and City of Lowell in Massachusetts among others. Carahsoft Technology Corporation has been in business for nine (9) years. It was founded to assist government public sector Officials improve how the public sector collaborates with their stakeholders. Their customers include City of Ocala, Okeechobee County, and City of Brookhaven in Georgia among others. 159 Commission Memorandum -RFP #2014-001 Electronic Agenda System March 5, 2014 Page 5 Granicus, Inc. was founded on 1999 and is headquartered in San Francisco. Granicus provides turnkey solutions to enable governments to work more efficiently, encourage citizen participation and engagement, and increase government transparency and trust. Clients include the cities of Fort Lauderdale, Doral, and Coral Gables, and the Village of Wellingon among others. MANAGER'S DUE DILIGENCE In accordance with the ranking results pursuant to the evaluation process outlined herein and the due diligence review by the City Manager, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to RFP 2014-001 for an Electronic Agenda System, as outlined in the Recommendation section below. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals (RFP) No. 2014-001 for an Electronic Agenda System; authorizing the Administration to enter into negotiations with the top ranked proposer, Novusolutions; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Provox Systems, Inc.; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Carahsoft Technology Corporation; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Granicus, Inc.; and further authorizing the Mayor and City Clerk to exe! agreements upon completion of successful negotiations by the Administration. JLM /AD T:IA NDA\2014\March\Procurement\RFP 2014-001 Electronic Agenda System.doc 160 ~ 0') ~ APPENDIX A-TABULATION ELECTRONIC AGENDA SYSTEM RFP 2014-001-MF CARAHSOFT ITEM TECHNOLOGY CORP. SOFTWARE, IMPLENTATION & FIRST YEAR HOSTING FEES Software Cost to include software $ 18,720. module fees and any other expense related to the acquisition of the software. IMPLEMENTATION SERVICES Professional Services/ Project $INCLUDED Management and Implementation Costs YEARLY ALL-INCLUSIVE FEES (2-5 YEARS) All-Inclusive Yearly Fees for Five $18,720./ Year Years, including Maintenance, (x4) Support, Licenses, etc. ONSITE TRAINING Inclusive of travel expenses User Training (up to 100 individuals)-2 day minimum, 4 session per day minimum $ 1,550./ DAY Train-the-Trainer Training (up to 12 individuals)-1 day minimum, $800./ DAY two sessions per day TOTAL COST (5 Years) $ 97,500.00 *CommLINK has been deemed non-responsive. **Cost of Training not included in Total. GRANIC US, NOVUSOLUTIONS -NOVUS INC. AGENDA $ 17,868. $8,500. $ 12,950. $3,000. $ 17,868. /Year $ 8,500./ Year (x4) (x4) $ 1,700./ DAY $ 1,950./ DAY $ 1,700./ DAY $ 1,950./ DAY $ 107,390.00 $51,350.00 *COMMLINK *COMMLINK PROVO X ON SITE CLOUD $ 61,538. $35,565. $ 30,600. $9,000. $3,000 $27,200. $ 13,875. I Year $ 39,850. I Year $ 7,500. I Year (x4) (x4) (x4} Included In $1,000./ DAY $1,000./ DAY Implementation $ 1,000./ DAY $ 1,000./ DAY Included ln Implementation **$ 126,038.00 **$ 194,965.00 $87,800.00 RESOLUTION TO BE SUBMITTED 162 ·---· -------· COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing an amendment to the professional services agreement with Walker Parking Consultants, Inc. to perform a parking demand analysis for certain areas in North Beach (Phase Six), in an amount not to exceed $28,000. Key Intended Outcome Supported: Improve Parking availability. Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. Availability of parking was one of the changes residents identified to make Miami Beach a better to live, work or play Item Summary/Recommendation: On September 11, 2013, the Mayor and Commission approved Resolution No. 2013-28309 which authorized a waiver of competitive bidding, via a 5/ih vote and further authorized a professional services agreement with "Walker'' Parking Consultants, Inc, to perform a parking demand analysis for the South Beach area, in an amount not to exceed $140,525.The Administration is moving forward with the revitalization of North Beach. To date, there have been two community meetings held an January 30th and February 131h, respectively. Both meetings were very well attended and the community provided an array of issues to consider. Any revitalization effort that is to take place in North Beach will certainly impact parking demand and utilization. Therefore, it is prudent to conduct a parking demand and utilization analysis, similar to the analysis currently underway for the South Beach area. To this end, Walker has submitted the attached proposal to conduct Phase Six, a demand and utilization analysis for North Beach. The study area, deliverables, schedule, and professional fees are as follows: Study Area: North Beach/Phase VI: • 63rd Street to 71 st Street; between the beach and Indian Creek • Ocean Terrace to Collins Avenue; between 73rd and 75th Streets. Deliverables Walker Parking proposes to provide the same deliverables for each phase of the project as follows: 1. Work Plan, including progress schedule 2. Supply/Demand Analysis technical memorandum 3. Supply/Demand Analysis draft report 4. Final parking master plan report; this report will be incorporated with ongoing parking study update. Schedule Walker is prepared to begin work one week after the receiving authorization. Professional Fee Walker will perform the services described in their proposal for the lump sum fee of $25,550 (Twenty-five Thousand Five Hundred and Fifty Dollars) in accordance with attached General Conditions of Agreement far Consulting Services. The lump sum fee includes all expenses. A ten percent ( 1 0%) contingency has been included, for a total amount not to exceed $28,000 for Phase Six/North Beach. Administration Recommendation: Adopt the Resolution. Financial Information: Source of Amount Funds: 1 $28,000 480-0461-000312 ~ 2 3 Total Financial Impact Summary: City Clerk's Office Legislative Tracking: I Saul Frances Si n-Offs: Departme "rector Assistant · MIAMI BEACH 163 Account City JLM AGENDA IT EM ---::C:---'-7_C..~:- DATE .J-y/lf MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochll.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of(the City cor/mission FROM' Jimmy L. Morales, City Manager ~~ ~~ DATE: March 5, 2014 ~ ' SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS, INC., TO PERFORM A PARKING DEMAND ANALYSIS FOR CERTAIN AREAS IN NORTH BEACH (PHASE SIX), IN AN AMOUNT NOT TO EXCEED $28,000. FUNDING $28,000-480-0461-000312 Funds are available from Parking Fund 480, Account No. 480.0461.000312. PURCHASE AUTHORITY Resolution No. 2013-28309 approved a waiver of formal competitive bidding, by a 5/ih vote and authorized a professional services agreement with Walker Parking Consultants, Inc. KEY INTENDED OUTCOME SUPPORTED Improve Parking availability. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On September 11, 2013, the Mayor and Commission approved Resolution No. 2013-28309 which approved a waiver of competitive bidding, via a 5/ih vote and authorized a professional services agreement with "Walker" Parking Consultants, Inc, to perform a parking demand analysis for the South Beach area, in an amount not to exceed $140,525. The Administration is moving forward with the revitalization of North Beach. To date, there have been two community meetings held on January 30th and February 131 h, respectively. Both meetings were very well attended and the community provided an array of issues to consider. 164 Commission Memorandum -Walker Parking Demand Analysis -North Beach/Phase VI March 5, 2014 Page 2 of4 Any revitalization effort that is to take place in North Beach will certainly impact parking demand and utilization. Therefore, it is prudent to conduct a parking demand and utilization analysis, similar to the analysis currently underway for the South Beach area. To this end, Walker has submitted the attached proposal to conduct Phase Six, a demand and utilization analysis for North Beach. The study area, deliverables, schedule, and professional fees are as follows: Study Area North Beach/Phase VI: • 63rd Street to 71 st Street; between the beach and Indian Creek • Ocean Terrace to Collins Avenue; between 73rd and 75th Streets. Scope of Services 1. Meet with representatives of City of Miami Beach to further clarify study objectives, confirm the study area; parking analysis; and projected schedule. 2. Review pertinent reports, studies, and statistical data regarding the study area with representatives of City of Miami Beach. Included in this information will be land use data provided by the City (building square footage data on a building-by-building basis also identifying type of land use). 3. Review the major parking generators in the study area with representatives of City of Miami Beach to understand their concerns and interests. 4. Conduct an initial field survey to update the inventory of on-street and off-street parking facilities within the study area. Record the type of parking (e.g. public, commercial, or private and whether surface lot or structure), number of spaces reserved and the type of access control (if any is in place}, and parking rates. 5. During the initial field survey, record the number of vehicles parked by facility during the inventory process. 6. Perform a License Plate Inventory (LPI), recording the location and duration of each vehicle. The LPI will be a sampling of the peak hours during a typical week day and weekend day within the study area (days and hours to be determined). 7. Perform parking occupancy counts at three intervals on all public and accessible private parking areas within the study area on a typical week day and weekend day (days and hours to be determined). 8. Analyze field survey data and present in report and graphic form. 9. Calculate and compare parking demand with the current parking supply and identify areas with deficits and surpluses. 165 Commission Memorandum -Walker Parking Demand Analysis-North Beach/Phase VI March 5, 2014 Page 3 of4 10. Compare the parking supply with planned development and projected future demand. 11. Identify areas with parking deficiencies that are likely to require expansion of the parking supply. 12. Prepare and submit a draft of the task report for review and discuss findings with representatives from the City. 13. Incorporate the City's comments into the task report. 14. Issue one CD of the final task report with comments by the City. 15. A total of four (4) meetings or teleconferences with the client are planned with this portion of the study. Deliverables Walker Parking proposes to provide the same deliverables for each phase of the project as follows: 1. Work Plan, including progress schedule 2. Supply/Demand Analysis technical memorandum 3. Supply/Demand Analysis draft report 4. Final parking master plan report; this report will be incorporated with ongoing parking study update. Schedule Walker is prepared to begin work one week after the receiving authorization. Limitations Information regarding private parking areas is limited to those areas that accessible to the field survey team during the inventory period. Private parking areas that are inaccessible to inventory will be deemed to be at 100% capacity for the purposes of these studies. Their proposal assumes that a single report will be issued at the end of each Phase and assembled into a Final Report for all five Phases. In the event that additional reports are necessary, Walker Parking Consultants reserves the right to charge an administrative fee to create these separate documents at a negotiated a mutually agreeable lump sum fee or hourly fee arrangement prior to preparing these reports. Professional Fee Walker will perform the services described in their proposal for the lump sum fee of $25,550 (Twenty-five Thousand Five Hundred and Fifty Dollars) in accordance with attached General Conditions of Agreement for Consulting Services. The lump sum fee 166 Commission Memorandum -Walker Parking Demand Analysis-North Beach/Phase VI March 5, 2014 Page 4 of4 includes all expenses. A ten percent ( 1 0%) contingency has been included, for a total amount not to exceed $28,000 for Phase Six/North Beach. CONCLUSION The Administration is seeking authorization to amend the professional services agreement with Walker Parking Consultants, Inc. to perform a parking demand analysis for certain areas in North Beach (Phase Six), in an amount not to exceed $28,000. T:\AGENDA\2014\March5\WalkerParkingDemandStudyNorthBeach03052014.mem.doc JLM/PDW/SF 167 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS, INC., TO PERFORM A PARKING DEMAND ANALYSIS FOR CERTAIN AREAS IN NORTH BEACH (PHASE SIX), IN AN AMOUNT NOT TO EXCEED $28,000. WHEREAS, the Mayor and Commission directed the Administration to conduct a parking demand analysis for South Beach in a phased approach which is being performed by Walker Parking Consultants, Inc., (Walker Parking) pursuant to a Professional Services Agreement; and WHEREAS, parking demand projections are derived from parking inventory usage, including data collection; review of current and future development projects; and, in consultation with the Administration, certain assumptions regarding economic growth, seasonality, and related trends; and WHEREAS, the North Beach Revitalization initiative is underway and a parking demand analysis for certain areas in North Beach would be advantageous to determine future demand; and WHEREAS, an amendment to the Walker Parking Professional Services Agreement is necessary in order to perform the additional analysis for North Beach; and WHEREAS, additional funding, in an amount not to exceed $28,000, is necessary to perform a North Beach (Phase Six) component within the scope of the parking demand analysis to be conducted by Walker Parking Consultants, Inc. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve an amendment to the Professional Services Agreement with Walker Parking Consultants, Inc., to perform a parking demand analysis for certain areas in North Beach (Phase Six), in an amount not to exceed $28,000. PASSED AND ADOPTED this 5th day of March, 2014. ATTEST: Philip Levine, Mayor Rafael Granado, City Clerk T:IAGENDA\2014\March5\WalkerParkingDemandStudyNorthBeach03052014.reso.docx ( 1 •. ·. 168 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, accepting the donation of a canine from the Mr. David Wallach and Mr. Richard Shultz, for a specially trained canine that will be utilized by the MBPD, Operations Division, Canine Squad, which shall be utilized for the detection tracking and apprehension of subjects involved in criminal activity. Key Intended Outcome Supported: Increase visibility of police Supporting Data (Surveys, Environmental Scan, etc.): The 2012 City of Miami Beach Community !survey determined that increasing police visibility in neighborhoods was the second most popular ~ethod for improving public safety, as 47% of residents chose this option. By maintaining the number pf canine officers on the streets will ensure greater visibility in the City. Item Summary/Recommendation: The Miami Beach Police Department has identified a need to purchase a canine with ability to be specially trained for the detection, tracking, apprehension and arrests of subjects involved in criminal activity. Mr. David Wallach and Mr. Richard Shultz have graciously agreed to donate a specially trained dog to the Miami Beach Police Department, Canine Squad. The canine will be purchased from an approved City of Miami Beach vendor for a sum of $9,500. The vendor will be responsible for training the dog in basic obedience, detection, tracking, and apprehension prior to acceptance by the Miami Beach Police Department To maintain the skill levels of the handlers and the detection, tracking, and apprehension ability of the canine, there will be on-going training provided by the canine vendor as well as in-service training with the Canine Squad. The utilization of a dual purpose canine will assist the Miami Beach Police Department in deterring criminal activities in the City of Miami Beach. Advisory Board Recommendation: I NA Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: NA Clerk's Office Le islative Trackin Michael Gruen, Manager Plannin and Research Section Si n-Offs: Department Director Assistant City Manager Raymond MBPD MIAMI BEACH 169 Account AGENDA ITEM _(!_7---'D'-:--:-- DATE E -£-/tf (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachA.gov COMMISSION MEMORANDUM TO: FROM: Mayor Philip Levine and Members oft e City Comr/ssion Jimmy L. Morales, City Manager ~ DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF MIAMI BEACH, FL RICA, ACCEPTING THE DONATION OF $4,750 FROM MR. DAVID WALLACH AND $4,750 FROM MR. RICHARD SHULTZ FOR A TOTAL OF $9,500 TO PURCHASE A SPECIALLY TRAINED CANINE TO BE UTILIZED BY THE MIAMI BEACH POLICE DEPARTMENT OPERATIONS DIVISION CANINE SQUAD, FOR THE DETECTION, TRACKING, APPREHENSION, AND ARRESTS OF SUBJECTS INVOLVED IN CRIMINAL ACTIVITY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Miami Beach Police Department has identified a need to purchase a canine with the ability to be trained for the detection, tracking, apprehension, and arrest of subjects involved in criminal activity. Mr. David Wallach and Mr. Richard Shutz, two City of Miami Beach business owners have graciously agreed to donate the sum of $4,750 each for a total of $9,000 for the purchase of a specially trained canine to be utilized by the Miami Beach Police Department for the detection, tracking, apprehension, and arrests of subjects involved in criminal activity. The canine will be purchased from an approved City of Miami Beach vendor for a sum of $9,500. The vendor will be responsible for training the dog in basic obedience, detection, tracking, and apprehension of criminal subjects prior to acceptance by the Miami Beach Police Department. To maintain the skill levels of the handlers and the detection, tracking, and apprehension ability of the canine, there will be on-going training provided by the canine vendor as well as in- service training with the Canine Squad. The utilization of a specially trained canine will assist the Miami Beach Police Department in deterring criminal activities in the City of Miami Beach. J LM//J{(j/JB/tr 170 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE DONATION OF $4,750 FROM MR. DAVID WALLACH AND $4,750 FROM MR. RICHARD SHULTZ FOR A TOTAL OF $9,500 TO PURCHASE A SPECIALLY TRAINED CANINE TO BE UTILIZED BY THE MIAMI BEACH POLICE DEPARTMENT'S OPERATIONS DIVISION CANINE SQUAD, FOR THE DETECTION, TRACKING, APPREHENSION, AND ARREST OF SUBJECTS INVOLVED IN CRIMINAL ACTIVITY. WHEREAS, the Mayor and Commission previously approved Resolution No. 2013- 28426 that accepted a donation of $10,000 from Mr. David Wallach for the purchase of a specially trained canine to be utilized by the Miami Beach Police Department's Operations Division canine squad, for the detection, tracking, apprehension, and arrest of subjects involved in criminal activity; and WHEREAS, subsequent to the approval of Resolution No. 2013-28426, the conditions of the donation have changed the amount of the donation to reflect that Mr. David Wallach's donation in the amount of $4,750, and Mr. Richard Shultz's donation in the amount of $4,750, for a total of $9,500; and WHEREAS, the Miami Beach Police Department has identified a need to acquire a multi-purpose dog, which shall be used by the Operations Division, Canine Squad for criminal apprehension and narcotics detection in order to prevent and deter those subjects involved in criminal activities that are occurring in the City of Miami Beach; and WHEREAS, law enforcement agencies with specially trained canines have proven to be an effective means to discourage crime, and to hinder criminal activity including illegal narcotics activity and the apprehension of those individuals who commit crimes throughout the City of Miami Beach; and WHEREAS, Mr. David Wallach and Mr. Richard Shultz a City of Miami Beach business owners have graciously agreed to each donate $4,750 to purchase a specially trained canine from an approved City of Miami Beach canine vendor to be utilized by Police Department Operations Division Canine Squad, to track and apprehend those subject(s) involved in criminal activity. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, accept the donation of $4,750 from Mr. David Wallach and $4,750 from Mr. Richard Shultz for a total of $9,500 to purchase a specially trained canine to be utilized by the Miami Beach Police Department's Operations Division Canine Squad, for the detection, tracking, apprehension, and arrest of subjects involved in criminal activity. PASSED and ADOPTED this _____ day of----------' 2014. ATTEST BY: MAYOR PHILIP LEVINE Arrqovm AS TO ) ·. FORM & Lft~JGIJAGE . ~XECUTION / ;J z )~ . \_y . C A. HORNEY _. ~ RAFAEL E. GRANADO, CITY CLERK 171 THIS PAGE INTENTIONALLY LEFT BLANK 172 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The City Manager, Or His Designee, To Utilize Florida Department Of Transportation Contract Number C-9006, For Major Event Traffic Monitoring Services Through May 2014; And Waiving By 5/71 h Vote, The Formal Competitive BiddinQ Requirement, Findino Such Waiver To Be In The Best Interest Of The Citv. Key Intended Outcome Supported: Enhance Mobility Throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City of Miami Beach is one of the main centers of attraction for events in Florida due to its weather, restaurants, nightlife, beaches, and people. Most events are heavily attended and therefore increase traffic volumes on the City's roadway networks. The increase in traffic volumes severely burdens traffic signals, thus negatively impacting level of service and driver experience. The adverse traffic conditions are further exacerbated by roadway closures as a result of major roadway construction projects. On October 2013, FOOT acquired the services of a traffic engineering consultant particularly for the purposes of providing real-time traffic monitoring and traffic data collection within active work zones (including the Alton Road Reconstruction Project), implementation of smart technologies and innovative systems within work zones, signal timing support, reviewing Maintenance of Traffic plans and determining the need for detailed analysis of Maintenance of Traffic impacts, and other innovative traffic management practices to improve traffic flow through the Alton Road Reconstruction project. The consultant performing these services for FOOT, Advanced Transportation Engineering Consultants, Inc. (ATEC), also performed event traffic monitoring services for the City during Art Basel 2013 via a Commission- approved Pilot project. As part of this pilot project, ATEC provided real-time traffic and parking availability updates using a Smart Variable Message Board on Alton Road and constantly updating traffic and parking messages on social media networks. ATEC's traffic monitoring and traffic management services were found to be effective in decreasing vehicle travel times, improving vehicle throughput through the network during these major special events, and allowing the Miami Beach Police Department to effectively allocate its resources. Pursuant to the requirements of the City Code, this is a request for the City Commission to approve utilizing the FOOT Contract C-9006, for major event traffic monitoring and management. The City has obtained a lump sum price proposal of $100,174.74 from FOOT's consultant (ATEC) for traffic monitoring and management services during Winter Party Week, Winter Music Conference, Winter Music Conference (ULTRA), and Memorial Weekend through May 2014. The Administration recommends that the Mayor and City Commission authorize the City Manager, or his designee, to utilize FOOT Contract Number C-9006, for major event traffic monitoring and management; and waive by 5/71 h vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City. FundinQ for this item will be re-alioned from the Resort Tax Continoency Account. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: 1 $101,000 Resort Tax Fund-160-4300-000312 [ill 2 3 4 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Jose R. Gonzalez, ext 6768 . 81 n-Offs: Department Director Assistant City Manager ETC KGB MIAMI BEACH 173 City M nager AGENDA ITEM ____,G:-----=,7=£-:--:--:- DATE 3 ... ~--/(.{ MIAMI BEACH City of Miami Beach. 1700 Convention Center Drive. Miami Beach. Florida 33139. vvww.miamibeachfl.gov MISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO UTILIZE FLORIDA DEPARTMENT OF TRANSPORTATION CONTRACT NUMBER C-9D06, FOR MAJOR EVENT TRAFFIC MONITORING SERVICES THROUGH MAY 2014; AND WAIVING BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. ADMINISTRATION RECOMMENDATION Approve utilizing a Florida Department of Transportation (FOOT) contract to engage a Traffic Engineering Consultant through May 2014 for major event traffic monitoring and management services. FUNDING Funding will be allocated from Resort Tax Fund. BACKGROUND AND ANALYSIS The City of Miami Beach is one of the main centers of attraction for events in Florida due to its weather, restaurants, nightlife, beaches, and people. Most major events are heavily attended and therefore increase traffic volumes on the roadway network. The increase in traffic volumes severely burdens traffic signals, thus negatively impacting level of service and driver experience. The adverse traffic conditions are further exacerbated by roadway closures as part of the FOOT Alton Road Reconstruction Project. On October 2013, FOOT acquired the services of a traffic engineering consultant (Attachment A) particularly for the purposes of providing real-time traffic monitoring and traffic data collection within active work zones (including the Alton Road Reconstruction Project), implementation of smart technologies and innovative systems within work zones, signal timing support, reviewing Maintenance of Traffic plans and determining the need for detailed analyses of Maintenance of Traffic impacts, and other innovative traffic management practices to improve traffic flow through the Alton Road Reconstruction project. The consultant performing these services for FOOT, Advanced Transportation Engineering Consultants, Inc. (ATEC), also performed event traffic monitoring services for the City during Art Basel 2013 via a Commission-approved Pilot project. The consultant's services were found to be effective in monitoring and managing traffic during this major special event. The consultant monitored travel times through the use of Bluetooth technology and adjusted traffic signal timings along event routes as needed. As part of this pilot project, A TEC provided real-time 174 Commission Memorandum-March 5, 2013 Traffic Management Services Contract Authorization Page 2of3 traffic and parking availability updates using a Smart Variable Message Board on Alton Road and constantly updated traffic and parking messages on social media networks. During Art Basel 2013, ATEC also worked with the City of Miami Beach Police Department to identify when police assistance was needed at an intersection, thus allowing Police to efficiently and effectively allocate its resources. The services provided by ATEC proved to be a valuable addition to the event planning and operations, thus improving the attendee experience and residents' quality-of- life. For example, the measures deployed during Art Basel 2013 and the Miami International Boat Show 2014 allowed ATEC engineers to proactively make changes to signal timing at critical intersections along event routes to avert heavy congestion and keep traffic flowing. When compared to a considerably less intense event (Miami Beach Auto Show 2013), travel times during Art Basel 2013 improved approximately 13 percent for drivers traveling from the North to the Miami Beach Convention Center via Michigan Avenue and 8 percent when traveling northbound along Alton Road from the Fly-over to 1 ih Street Traffic monitoring and management measures were also deployed for the Miami International Boat Show in February 2014 on a partial basis and considerable improvements were observed (Attachment B). Through the use of traffic management, vehicles accessing the event from the North via Michigan Avenue saved an average of 105 seconds per trip during the morning peak, 76 seconds in the mid-day peak, and 36 seconds in the afternoon peak when compared to the first two (2) days of the event when no traffic management was deployed. These travel time savings translated into a larger throughput of vehicles through the network. Vehicles that continued South onto the 17th Street/Alton Road intersection saved an average of 7 seconds during morning peak and 174 seconds in the mid-day peak. However, during the PM peak, motorists accessing the event from the North experienced an increase in travel times of approximately 33 seconds per trip. The increased delay was due to the need to balance signal green time between ingress and egress movements, thus accommodating egress traffic more effectively. Traffic accessing the event from the South via northbound Alton Road did not experience any travel time savings before and after the traffic monitoring effort, however, it is important to note that vehicular throughput between the sth Street fly-over and 1 ih Street increased by 300 vehicles per hour. Pursuant to the requirements of the City Code, this is a request for the City Commission to approve utilizing the FDOT Contract C-9006, for major event traffic monitoring and management. The City has obtained a lump sum price proposal of $100,174.74 from FOOT's consultant (ATEC) for traffic monitoring and management services during Winter Party Week, Winter Music Conference, Winter Music Conference (UlTRA}, and Memorial Weekend (Attachment C and D), based on pricing in the FOOT contract. As part of the due diligence process, staff analyzed the cost of the services outlined in the FDOT contract. While these services will include traffic monitoring and management services through May 2014, the Administration anticipates issuing a competitive bid for city-wide traffic monitoring and management services by June 2014. RECOMMENDATION Based on the analysis of the need for traffic monitoring and management services for Winter Party Week, Winter Music Conference, Winter Music Conference (UlTRA), and Memorial Weekend, the documented benefits of the services provided during Art Basel 2013 and the Miami International Boat Show in February 2014, the due diligence of staff, and pricing available through a contract awarded by FOOT, it is recommended that the Mayor and City Commission authorize the City Manager, or his designee, to utilize FOOT Contract Number C-9006, for major event traffic monitoring and management; and waive by sn'h vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City. 175 Commission Memorandum-March 5, 2013 Traffic Management Services Contract Authorization Page 3 of3 Attachments: Attachment A: FOOT Contract C-9006 for Traffic Monitoring Services Attachment 8: Miami International Boat Show Traffic Management Summary Attachment C: ATEC Price proposal . Attachment D: Map of Traffic Management Area per Event ..l!o J F.l>. ETC/JRG/JFD T:IAGENDA\2014\March\FDOT Traffic Management Service Piggy Back Contract.docx Wo oro commilled 10 pru.,,J,ng excei!efll publ1c .IPivcc,c, ond safety lo ali who ,',ve work and ploy :n our v1b<ant irop,·coi. l115louc wrnmu{.llly 176 Attachment A STATE OF FLORIDA DEPAflTMENT OFTRAt<SPORTATION STANDARD PROFESSIONAL SERVICES AGREEMENT Contract No. C-9006 375-030-12 PROCUREMENT OGC-07113 Page1 or:z -------FDOT Finam:laiiD No.(s) 429286-2·32-01 ----------------------------------------------------------------------------------------- Appropriation Bill Number(s}JLine Item Number(s) for 1st year of contract, pursuant to s. 216.313, F.S. N/A -----------------~,~~~~~~~c~oo~~~K~~~m~e~~.,~,~w~~~m~~~J-------------- F.A.P.No, TBD TH-IS_A_G_R_E_E_M_E_NT_, -m-ad_e_a_n_d_en_t-er_e_d -in-to_th_i_s--:1--3-,.;e .... _o~;---d-a-y-of-v~-itULi/J~=-· --rr---;;DJ-,.~,:---13'""'!'""'-. -by-a-nd ~ (This date I.e) be entered by OOT only) between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, herelnfter called the Department and Advanced Transportation Engineering Consultants, Inc. (F.E.I.D. No. F593811264 ) of 13940 SW 136th Street, Suite 107, Mfaml, FL 33186 authorized to conduct business in the State of Florida, hereinafter called the Consultant, agree as follows: The Consultant and the Department mutually agree to abide by the Department's Standard Professional Services Agreement, Terms, d.ated July, 2013 • which are. available as an appendix to this fom1 in the Department's Professional Services web site or from the Department's Office of Procurement. The Standard Professional Services Agreement Tarma, wi1h the exception of the following non-applicable sections: NfA are Incorporated by reference and made a part of this Agreement 1. SERVICES AND PERFORMANCE A. The Department does hereby retain the Consultant to furnish certain services as described in Exhibit "A", attached hereto i!nd made a part hereof, in comection with Traffic Engineering Support SetVIces Consultant B. Unless changed by written agreement, the site for insoection of work referenced in Section 1.1 of the Standard Prof .. aional Services Terms, will be 13940 SW 136th Street, Suite 107, Miami, Fl33186 2. .IERM A. Unl~s otherwise provided herein or by Supplemental Agreement or Amendment, the provisions of this Aqreement will remain in full force and effect through completion of all services required of the Consultant or a 5 year term from the date of execution of this Agreement, whichever occurs first. ---- 9. Check applicable terms D D The schedwled project services to be rendered by the Consultant will commence, subsequent to execution of this Agreement, on the date specified In the written notice to proceed from the Departmenfs =:---::~--:------~--~----:---:-""":""which notice to proceed wftl become part of this Agreement The Consultant will complete scheduled project services within months of the commencement date specified in the notice to proceed or as modified by subseQuent Amendment of Supplemental Agreement. The project services to be rendered by the Consultant for each task assignment will commence, upon written noUce from the Department's Project Manager , and will be completed within the time period specified In each task assignment. All services performed under tills contract will be completed within 60 months from lhe date of this Agreement. The total fee for all accumulated task assignments may not exceed $1,500,000.00 The scheduled project services to be rendered by the Consuftant will commence, subsequent to execution of this Agreement, on the date specified in the written notice to proceed from the Department's which notice to proceed will become part of this Agreement. ::=T:-he-;:;C~on""'"s-u-.::-lta-n-:t-w""'ilr.-1-co_m_p-:le~t:-~-s-c:-he:-d:;-u-;-led:-:;-p""m,_J;-.e-.ot~services within calendar days following completion of the constructlon contract(s} with which consultant services are associated. The anticipated length of the consuitan1 eervices Is months. 177 3. INSURANCE The amount of liability Insurance fo be maintained by !he Consultant in accordance with Section 4.8 of the Standard ProfeMional Services Agreement Terms is ::;$2~5::;0:.a.:,O::.:O:.:O.::.OO:.:-_______ _ 4. SUBCONTRACTS The foUowing subconsultants are authorized under this Agreement In aCCtJrdance with Section T.A. of the St1111dard Profeelonal Services Agreement Terms: AECOM Technical Services, Inc. (F952661922) Pinnacle Consulting Enterprises, Inc. (F1420053{)7) CSA Central, Inc. (F311446286) TRACE Consultants, Inc. (F455418595) HBC Engineering Company (F223936061) TSM International, Inc. (F271743076) Klmley-Hom & Associates, Inc. (F560885615) Media Relations Group, LLC (F200118620) Metric Engineering, Inc. (F591685550) T131lsportatlon Technology Solutions (F461568953) 5. COMPENSATION ~75.(]30-12 PROCUREMENT OGC-D7113 Pego2o(2 The Department agrees to pay the Consultant compensation as detailed in Exhibit "B', attached hereto and made a part hereof. 6. MISCELLANEOUS A. Reference in thls Agreement to Director will mean the District Ofreetor of Transportation Operations B. The services provided herein 1&1 do D do not involve the expenditure of federal funds. In the event federal funds are involved, Section 9 of the Standard Prof1o1ssional Services Agreement Terms is incorporated by reference. C. The following attachments are hereby incorporated into this Agreement as part hereof as though fully set forth herain. Page A-1 through PageA-Q;...4..:..__: Exhibit "A", Scope of Services Page~through Page B-7 :Exhibit "B", Method of Compensation IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. STATE OF FLORIDA DEPAR~~;:, lRAi,PG)TATION • BY: (!\)(~~._ Authorized Sig £11m R.. Ls?'1n'O (Print/Type:~ (PrinVType} Title: P ( l -(1 dJ,nJ; Title: District Director ofTransfl(lrtation Operaflon11 FOR DEPARTMENT USE ONLY 178 EXHIBIT "A" SCOPE OF SERVICES 179 EXWBITA SCOPE OF SERVICES TRAFFIC ENGINEERING SUPPORT SERVICES CONSULTANT FPID: 429286-2-32-0l A. OBJECTIVE The Department desires to obtain assistance from the Consultant for the performance of miscellaneous Maintenance of Traffic support services including, but not limited to (1) providing real time traffic monitoring and traffic data collection within active work zones (2) implementation of smart technologies and concepts within work zones (3) signal timing support within work zones (4) reviewing Maintenance ofTraffic Plans and determining the need of the detailed analysis of Maintenance of Traffic impacts (5) analysis of maintenance of traffic alternatives (6) Traffic simulation and modeling of Maintenance of Traffic alternatives (7) Coordination with traffic signal maintaining agencies, FDOT offices, and other public agencies (8) providing the data collection and analysis of traffic prior to the beginning of project construction (9) Miscellaneous activities to support the District traffic operations office such as traffic operations studies, coordination with municipalities and other agencies. B. SERVICES The Consultant shall provide anyone or more of the following engineering services or elements contained therein, as required by the Department: • Traffic simulation -Develop a traffic simulation model of the highway system affected by the maintenance of traffic setup. The objective of the traffic simulation is to evaluate traffic operations during constructi~n and to assess the traffic operational impacts. The consultant shall have the ability to use the most appropriate and up to date traffic simulation tool including, but not limited to Synchro, VISSIM, CORSIM. • Real time traffic monitoring and traffic data collection within active work zones - collect real time travel time and deiay data and monitor significant cha."'lges i.."'l travel time along active work zones. Consultant shall have the ability to provide temporary video monitoring and collect real time travel time and delay data to monitor the operational performance of the work zone. Consultant shall have the ability to share real time video images with the contractor and FDOT. • Develop and implement traffic signal timing and phasing plans along the work zone. Stage Ill The Consultant shall coordinate with the traffic signal maintaining agencies to develop and implement signal timing and phasing plans. A-1 180 • Identify strategies that could be used to mitigate impacts of the work zone on the operation and management of the transportation system within the work zone impact area. These strategies can be used to minimize traffic delays, improve mobility, maintain or improve motorist and worker safety, complete road work in a timely manner, and maintain access for businesses and residents. Coordinate the implementation of these strategies with the district construction office and/or traffic signal maintaining agencies. • All necessary engineering required for reviewing Maintenance of Traffic Plans, roadway construction projects, PD&E studies to identify impacts on traffic and determine the need of traffic operational components in the Transportation Management Plans. The Consultant shall make reference to Chapter 1 0 of the Florida Department of Transportation Plans Preparation Manual. • Coordinate with the necessary FDOT office to obtain all available roadway plans, bridge plans, right-of-way maps and other available information pertinent to the project. Coordinate with the signal maintaining agency to obtain the necessary signal timing and phasing information. • Represent the district traffic operations office in multi-discipline transportation management plan teams that may be fanned to handle the planning, coordination, implementation. monitoring, and evaluation details of transportation management plan elements. C. DEPARTMENT RESPONSIBILITIES The Florida Department of Transportation will furnish any or all or the following items, as appropriate, for perfonnance of the required services: 1. All previously completed studies or data collection (if any). 2. Aerial photography 3. Right-of-way maps and legal descriptions which are not part of the Consultants work effort, when required. 4. Conceptual drawings, roadway construction plans, PD&E studies, traffic studies (if any). 5. The DEPARTMENT will arrange for use of the DEPARTMENT's mainframe system, subject to normal secwity procedures. Stage 1!1 A-2 181 D. CONSULT ANT RESPONSIBILITIES 1. The CONSULTANT shall provide a Project Manager (CPM) who is acceptable to the Department and who will be the primary point of contact for the CONSULT ANT fur scope, schedule. manpower coordination, negotiation of staff-hours, and completion of all Work Orders.The Project Manager (CPM) shall meet with the DEPARTMENT Project Manager on a regular basis and shall provide monthly progress reports by Task Work Order. These progress reports shall be the basis for evaluation and processing of invoices for payment. 2. The CONSULTANT shalJ provide sufficient staff, either the specific staff person requested or acceptable staff at defined levels of expertise as agreed to by the DEPARTMENT's Project Manager, in a timely manner to complete all assigned work within the Task Work Order schedule. If. at any time, the DEPARTME!'-.l"f's Project Manager determines that the number or expertise of particular staff assigned to a specific task is inadequate, the Project Manager shall coordinate with the CONSULTANT Project Manager to n::medy the situation so as to ensure the timely completion of the work. 3. \Vhile it is expected that the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the DEPARTMENT Project Manager. 4. Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the DEPARTMENT for their records within one ( 1) week of the receipt or mailing of said correspondence. 5. The CONSULT ANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents. and plans as required by DEPARTMENT standards. 6. The CONSULT ANT shall have as part of the staff at least one IMSA certified traffic signal technician level II as required by DEPARTMENT. 7. The CONSULTANT shall have at least one staff member who holds an advanced maintenance of traffic certification as required by DEPARTMENT. F. QUALITY ASSURANCE/QUALITY CONTROL It is the intention of the DEPARTMENT that CONSULT ANTS are held responsible for their work The CONSULT ANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULT ANT under this contract. The CONSULT ANT shall provide a Quality Assurance/Control Plan that describes the procedures to be utilized to verify, independently check, and review all tasks and services performed as a part of the contract. The CONSULTANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. Stage 111 A-3 182 The names of the CONSULTANT's staff that will perform the quality control reviews shall be included in the Quality Control Plan. The Quality Control reviewer shall be a Florida Registered Professional Engineer. The Quality Assurance/Control Plan may be one utilized by the CONSULTANT as part of their normal operation or it may be one specifically designed for this project. The CONSULTANT shall submit a Quality Assurance/Control Plan for approval within 10 (ten) calendar days of the written Notice to Proceed. Unless specifically waived, no payment shall be made until the CONSULTANT's Quality Assurance/Control Plan is approved by the Department. Significant changes to the work requirement may require the CONSULTANT to revise the Quality Assurance/Control Plan. It shall be the responsibility oftbe CONSULTANT to keep the plan current with the work- requirements. The CONSULTANT shall, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/o~ other services. The CONSULTANT shall maintain adequate records of the quality control actions performed by the CONSULTANT team, (including sub-contractors and vendors), in providing services and products under this Contract. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the actions taken. These records shall be available to the Department, upon request, during the contract term. All records are subject to audit review. G. METHOD OF COMPENSATION Payment for the work accomplished will be in accordance with Exhibit B of this contract. The CONSULTANT shall meet with the DEPARTMENT as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the DEPARTMENT concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the DEPARTMENT. Stage 111 A-4 183 EXHIBIT "B" METHOD OF COMPENSATION 184 1.0 PURPOSE METHOD OF COMPENSATION EXHmiT "B" FPID: 429286-2-32-01 This exhibit defines the method and limits of compensation to be made to the Consultant for the services described in Exhibit "A" (Scope of Services) and method by which payments will be made. 2.0 COMPENSATION For satisfactory completion of services authorized under this agreement, the Department will pay the Consultant a Total Maximum Limiting Amount not to exceed $1.500.000.00. This is a task assignment type agreement. The Department will furnish the Consultant a task work order specifying the services to be performed and the fees to be paid for each project assigned under this agreement. Compensation for individual assignments will not exceed $300.000. The Department will confirm funds availability prior to issuing a task work order to the Consultant. The Department shall request Consultant services on an as-needed basis. There is no guarantee that any or all of the services described in Exhibit "A,. of this Agreement will be assigned during the term of this A.greement. Further, the Consultant is providing these services on a non-exclusive basis. The Department may, at its option, elect to have any of the services ser forth herein performed by other consultants or Department staff. The total amount of this agreement is expected to be funded by multiple appropriations.-The State of Florida's perfonnance and obligation to pay under this contract is contingent upon an appropriation by the Legislature. Currently $300.000.00 of the total amount has been approved. Therefore, it is agreed that the Consultant will not be obligated to perform services nor incur costs which would result in exceeding the funding currently approved, nor will the Department be obligated to reimburse the Consultant for costs or make fee payments in excess of currently established funding. The Department will provide written authorization if and when subsequent appropriations are approved and encumbered for this contract. This Agreement allows for Task Work Orders to be individually funded. When funds are encumbered by the Task Work Order a specific Financial Project Number and amount shall be identified on the Task Work Order. The Consultant shall invoice using the specific Financial Project Number associated with the TaskWork Order where services were performed. 2.1 Summary of Compensation Fees for each task work order will be negotiated either as a lump sum amount (fixed price), a limiting amount (cost reimbursement), or as a combination lump sum and limiting amount. Where lump sum amounts are established, fees will be negotiated in accordance with Section 2.2. Where limiting amount fees are established, compensation will be in accordance with Section 2.2. This Agreement does not involve the purchase of Tangible Personal Property, as defined in section 273.02 Florida Statutes_ B-1 Project Cost Redistribution 185 2.2 Details of Compensation LUMP SUM ELEMENTS: For task work order compensation elements established as lump sum, the Department may compensate the Consultant in accordance with one or more of the following methods of payment: LS·l-At Completion of Task (LS-1) The Consultant will receive payment upon completion and acceptance by the Department of the subject task. required under this Agreement. LS-2 -% of Completion of Services for Task (LS-2) The Consultant will receive progress payments for task services based on the percentage of task services that have been completed and accepted by the Department during the billing period. For those rates specified in Table 6 without operation margin, a separate lump swn compensation element (ftXed fee) will be established. LIMITING AMOUNI ELEMENTS For task work order compensation elements estab1ished as limiting amounts. the Department will compensate the Consultant. subject to the established limiting amount. for all reasonable, allocable and allowable costs incurred. The reasonableness. allocability and allowability of compensation sought under this agreement is expressly made subject to the terms of this Agreement; Federal Acquisition Regulations; Office of Management and Budget Circulars A-21, A-87, A-102, A-110; and any pertinent Federal and State Law. Salary & Salary Related Costs Salary Costs: (LA 4) Subject to the established limiting amount, the Consultant will be compensated for time expended by personnel in the performance of authorized work. during the billing period at the billing rates specified in Table 6 of Section 5.0. Payment for such services will be based on approved time incurred during the billing period. Vlhere the time units are in days, the rate will be prorated when less than a day is used. Billing Rates in Table 6 are identified as either the Home Otiwe and Field Office .Rates for those Coosultants who have both Home and Field Overhead Rates which have been approved by the Department. The Consultant must use tbe appropriate Home or Field Billing Rate when invoicing for this Contract. Operating margin shall be provided as a separate fixed fee for all rates specified in Table 6 without Operating Margin. All overtime must be authorized in advance in writing by the Department. When authorized in advance in writing by the Department, premium overtime will be paid at the rate:s specified in Table 6 of Section 5.0, for employees paid premium overtime by the Consultant. Only the following firms listed in Table 6 of Section 5. 0 are authorized for direct reimbursement of premium overtime: N/ A. B-2 Project Cost Redistribution 186 Administrative Overb.ead/Facllities Capital Cost of Money/Direct E!1!9nses: Compensation for the loaded billing rates specified in Table 6 of Section 5.0 include administrative overhead and fringe benefit costs, Facilities Capital Cost of Money (FCCM) and direct expenses that are calculated as a percentage of chargeable direct salary and wages exclusive of premium overtime. Public Involvement Services I Specialty Services: (LA 4) Subject to the established limiting amount, the Consultant will be compensated for these services based on the rates at the rates specified in Table 6 of Section 5.0. No multipliers will be applied to these rates< Payment for such services will be based on approved time incurred during the billing period. Where the time units are in days, the rate will be prorated when less than a day is used. Time for excess travel will not be included as time worked. These rates include allowances for salaries, overhead, operating margin, direct expenses and FCCM if applicable. 3.0 l:'lVOlCING PROCEDURE The Consultant will be eligible for progress payments under this agreement at intervals not less than monthly or when individual tasks or mileposts defined in this agreement are completed or reached. Invoices for this agreement will be prepared by the Consultant and submitted through the Department's Consultant Invoice Transmission System. The invoices will be supported by such information as may be required by Department procedures to substantiate the charges being invoiced. The Consu1tant will maintain for this purpose a job cost accounting system that is acceptable to the Department. If requested by the Department, the final invoice for this agreement will be accompanied by a certified job cost summary rq1ort generated by the accounting system. The report will include at a minimum the total number ofbours and salary cost actually charged to the project, the total direct vehicle expense, the total misceUaneous direct expense, and total sub-consultant cost charged to the project. The Consultant will report sub-consultant payments through the Department's Equal Opportunity Compliance System on the Internet. Failure to submit sub-consultant payment information may be cause for rejection of the invoice. Within thirty days after receipt of final payment, the Consultant will report fmal sub-consultant payments through the Equal Opportunity Compliance System. The Consultant will pay all sub-consultants their proportionate share of payments received from the Department within thirty days of the Consultant's receipt of payment from the Department. The Department will render a decision on the acceptability of services within five (5) working days of receipt of either the services or invoice, whichever is later. The Department reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the Departtnent. Any payment withheld will be released and paid to the Consultant promptly when work is subsequently performed. The Consultant must use the appropriate Home or Field BilUng Rate when invoicing for this Contract. B-3 Project Cost Redistribution 187 3.1 Project Cost Accounting The Department has established a Cost Redistribution Application (automated process) for the putpose of breaking out and capturing project costs associated with District-wide (miscellaneous minor professional services) and General Consultant task assignment contracts. This District wide miscellaneous minor professional services contract hM been selected for project costing using the Cost Redistribution Application. The Consultant will be assigned work by means of Task Work Orders. Each Task Work Order will initially be associated to a single general (non-specific) financial project identification number for billing pmposes in CITS (Consultant Invoice Transmittal System). It will be the consultant's responsibility to maintain a job cost accounting system that will capture detailed project cost information associated with each assigned Task Work Order. The Consultant and its subconsultants shall have staff performing work on this contract charge their time to the nearest quarter hour to each specific project on which services are to be performed. The Department shall provide the Consultant and its subconsultants the eleven digit project identification number assigned to each specific project for purposes of capturing time and costs. At any given time there may be several specific projects against which the Consultant and its subconsultants would be charging time on a single Task Work Order. At the time of submittal of each invoice in CITS, the Consultant will submit a Project Cost Redistribution spreadsheet that provides a breakdown of the invoice costs into the associated detailed project specific nwnhers where services were performed and costs were incurred. The spreadsheet must conform to and be submitted in a pre-defmed format. The spreadsheet will contain the following key data fields: Consultant Contact E-maU address; Contract Number; DOT Invoice Nwnber; "From•• Project Number (the general project identification number); "To" Project Number (the project specific financial identification number); the dollar amount to be redistributed; the project description (optional data field); and the total amount for the spreadsheet. The spreadsheet template and dire<..'tions for preparing the spreadsheet can be downloaded from the Department's Procurement website, at the following web address: http://www.dot.state.fi.uslprocurement/Project%20Costing%20Initiative.shtm Once the invoice has been submitted electronically in CITS by the Consultant, the consultant must separately, outside of CITS, e-mail the Project Cost Redistribution spreadsheet as an attachment file to the following Department e-mail address: PCRLOAD@dot.state.fl.us. The subject line for the e- mail should confonn to the format 'FDOT.PCR.FILE CCCCCNNNN' where CCCCC corresponds to the FDOT contract number and NNNN corresponds to the FDOT invoice number. A Project Cost Redistribution spreadsheet should be submitted to PCRWAD every time an invoice is submitted through CITS. After an initial validation, the Cost Redistribution Application will transfer the data contained in the Project Cost Redistribution spreadsheet to data sets on the Department's mainframe computer .. The redistribution information will be processed and used to assess project costs for District-wide and General Consultant contracts. Project Cost Redistribution spreadsheets not timely submitted will be identified on a District Error Report. Failure to timely submit Project Cost Redistribution spreadsheets may constitute grounds for rejection of subsequent invoices submitted through CITS. 4.0 PROJECT CLOSEOUT 4.1 Final Audit If requested, the Consultant will pennit the Department to perform or have performed, an audit of the records of the Consultant and any or all sub-consultants to support the compensation paid the Consultant. The audit will be performed as soon as practical after completion and acceptance of the contracted services. B-4 Project Cost Redistnbution 188 In the event funds paid to the Consultant under this Agreement are subsequently properly disallowed by the Department because of accounting errors, or charges not in conformity with this Agreement, the Consultant agrees that such disallowed funds are due to the Department upon demand. Further, the Department \\ill have the right to deduct, from any payment due the Consultant under any other contract, any amount due the Department. 4.2 Certificate of Completion A Certificate of Completion will be prepared for execution by both parties stating the total compensation due the c;onsultant, the amount previously paid, and the difference. Upon execution of the Certification of Completion, the Consultant will either submit a termination invoice for an amount due or refund to the Department for the overpayment, provided the net difference is not zero. S.O COMPENSATIONRATES The following tables are provided for definition of contractual rates. Table numbers not listed are not included in this document. Table 6-Loaded Billing Rates Table 6 PARTI.\LLY 10.\DEDBlLLll'IG RATE& Salary Relited Co.b Cousultant Item U:Dft Billing Rate" Fixed Fee {w/out OM) OM lChiefEng:incer Hour $ 201.22 $ 23.47 Designer Hour $ 104.70 $ 12.21 Advanced Transportation Engineering Consultants ;Engineer Hour $ 83.0S $ 9.69 ,Engineering Intern. Hour S. 83.66 $ 9.76 :En. Technician Hour $ 47.83 $ 5.58 ; Chief Engineer Hour !S 214.62 $ 23.52 :Designer Hour $ 111.88 $ 12.26 : EoiDilcering Intern Hour $ 75.94 $ 8.32 Project Engineer Hour $ 137.04 $ 15.02 AECOM Technicial Services, Inc. !ProjectManaE Hrn.u: $ 194.47 $ 21.31 ; Secretary/Clerical Hour $ 60.25 $ 6.60 I . -~-·--------·· Hour $ 164.44 $·-18.02 'Senior Engineer Senior . . Technician Hour [ $ 73.20 $ 8.02 Senior Specialist Hour $ 370.74 $ 40.63 Chief Engineer Hour $ 293.23 $ 26.09 Designer Hour $ 122.41 $ 10.89 CSA Central, Inc. Engineer Hour $ 84.05 $ 7.48 Senior Engineer Hour $ 211.76 $ 18.84 Specialist Hour $ 137.26 $ 12.21 Designer Hour $ 68.6.5 s 8.46 Engineering Intern Hour $ 78.02 $ 9.62 HBC Engineering Company ~ect Engineer How-$ 118.58 $ l4.<i I __ .. .,. Project Manager Hour $ 143.56 $ 17.69 Senior Engineer Hour $ 129.83 $ 16.00 B-5 Project Cost Redistribution 189 lablt6 PAR'IIALL\ LOADED BILL~Mi RAUS Salaey Related C~V. Consultant • Item Unit Billing Rate* Fixed Fee ('ftit~ut OM) OM Engineer Hour $ 110.45 $ 9.97 Project ~15;...,.... Hour $ 11730 $ 10.58 Project Manager Hour $ 191.51 $ 17.28 $ecretaJy/Clerical Hour , $ 64.69 $ 5.84 Senior F.ngineer Hour · $ 173.56 $ 15.66 Kimley-Hom & Associates, Inc. Senior Project .Engineer Hour $ 154.70 $ 13.96 • w ~~5!r §p~ialistA Hour $ 268.32 $ 24.21 Senior SpecialistB Hour $ 184.90 $ 16.68 i SpecialistA Hour $ 149.41 $ 13.48 SpecialistS Hour $ 90.67 $ 8.18 SpecialistC Hour $ 122.69 $ ll.07 Otief Engineer Hour s 201.47 $ 19.89 Metric Engineering, Inc. E Intern Hour $ 62.55 $ 6.18 Project Manager Hour $ 147.03 $ 14.52 Pinnacle Consul tin£ EnttltlXises Inc. Senior Engineer Hour $ 149.27 $ 24.15 Engineering Jntem Hour $ 80,07 $ 8.66 TRACE Consultants, Inc. Project Engineer Hour $ 117.95 $ 12.75 Senior Engineer Hour $ 138.77 $ 15.00 CADD/Computer TllChoician___ _ Hour $ 55.15 s 9.00 -- Chief Engineer Hour $ 133.80 $ 21.60 Designer Hour $ 100.35 $ 16.20 Engineering Intern Holll' $ 80.28 $ 12,96 Engineering T ecbnician Hour $ 44.60 $ 7.20 ~SM lntemationa.I. lnc. Project Engineer Hour $ 100.35 $ 16.20 Project Mananger Hour $ l33.SO $ 2l.6(] Secretacy/Clerical Hour $ 44.60 $ 7.20 Senior Engineer Hour $ 129.34 $ 20.88 ~· Senior Engineering Technician Hour s 55.15 $ 9.00 Technician Aid Hour s 39.03 $ 6.30 *The above billing rates include overhead, direct expenses and FCCM, if applicable. Table 6 LOADID BILLING R.<\. '1'1!8 P[rBLIC INVOLVEMENT SER.VICmJ No Multipliers •hould be added to the•e ratu. Consulfant Item 1 Unit Rate Hour $ 130.50 .. -· ·-· -~---" ,., --·-· •. Media Relations Group, LLC Graphic Designer l Hour $ 80.00 -·"··---~ .. -_ .. ______ .. ____ --···-~-~-·------·---·---------t------.. -: .. _____ .,. ~~-~~~:~::-~--·-:::~~;:~~~~~OffR:er -~· =~ li ~~%6- B-6 Project Cost Redistribution 190 The above billing rates include overhead, direct expenses, operating margin and FCCM, if applicable. Table 6 LOADm BILLING R..-\'IES SP.FCIAL'IY SERVICIS No Mu.ltiplien ~hould be added to the•e ratello. Consultant 1 Item ) Unit Rate Transportation Tech ology Sohltions ~Senior g .... ,..ialist : Hour $ 79.46 ~r~p~~;tk,n Tec~ology Solutio~~~· I spec~;-· ... -r!fuur-i$-·· 6622 The above billing rates include overhead, direct expenses, operating margin and FCCM, if Applicable. B-7 Proj~t Cost Redistribution 191 TO: PM626RC®dot.state.fl.us 10545596 SUBJECT: FUNDS APPROVA~/REVIENED FOR CONTRACT C9D06 Contract #C9D06 Vendor Name: ATEC STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract Type: Method of Procurement: Vendor ID: VF593811264001 Beginning date of this Agmt: 10/02/13 Ending date of this Agmt: 10/02/18 ************************************************************************ ORG-CODE "EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) AMENDMENT ID *BUDGET ENTITY *CATEGORY/CAT YEAR *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS *****************************************************************"****** Action: ORIGINAL Funds have been: APPROVED 55 064030662 *TO *131567 * 2014 *55150200 0001 *00 * TOTAL AMOUNT: *$ 300000.00 *42928623201 *119 * *088866/14 *0001/04 300,000.00 * FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 10/03/2013 192 METRI-4 OP 10: TLS CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD/YYYV} 10/17/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTHORIZED REPRESENTATIVE OR AND THE CERTIFICATE HOLDER. PRODUCER MDW Insurance {North I 362 Minorca Ave Coral Gables, FL 33134 Craig Weinstein INSURED Advancecrfraiisiiortition~-~ -~ -~--·· Engineering Consultants, Inc. 13940 SW 136th Street, #1 07 Miami, FL 33186 COVERAGES CERTIFICATE NUMBER· must If SUBROGATION IS subject to A statement on this certificate does not confer rlgnts to tha REVISION NUMBER" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COr-.JDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA1N. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~r~c TYPE OF INSURANCE . GENERAL LIABILITY A ; X i COMMERCIAL GENERAL LIABILIT't' • . . 1 ; , . 1 l CLAIMS-MADE t ?C j OCCUR l GEN'LAGGREGATE LIMIT APPLIES PER: : POLICY rx-~i ~f& ! · 1 LOC • AUTOMOBILE LIABILIT't' B • X. ANY AUTO • -· 1 AlLOWNEO 1 . ·~SCHEDULED . ! AUTOS L._ ~gm~WNED • X ; HIRED AUTOS l·~j-AUTOS I I WORKERS COMPENSATION i AND EMPLOYERS' LIABILITY y JN D I ANY PROPRIETORJMRTNERIEXECUTIVE D N /A , OfFICERIMEMBER EXCLlJDED? (Mon~alllry In NHI If ~as, de!lcri.be undM l DESCRIPTION DF OPERATKJNS oelow 21 UUNAN3986 21 UENAN4048 21XHUAN3161 21WBAH4207 lo3142B218 =~~~~~~ij--·+-~-···· --~~ooo,oe~ 0310112013 0310112014 .J!SLM!SE~~-..~·-+-L ___ . .SPP·.~~o MED EXP (Any ono person) 1 S 10,000 PERSONAL & ADV INJURY_!..!.__~-~· 1,000:000 GENERALAGGREGATE i ~ 2,000,000 . --··-·-r--------.;:;, PRODUCTS. COMP/OP AGG ! $ 2,000,00" ·--··-····---r--·--.... .. ---· r s ~~fll'KiLELIMIT I~ 1,000,000 03/0112013 03/01/2014 BODILY INJURY (P;~pOfllon) I$-------. - f.-~----·-·-:-;:;::::;;t.--··------····-··-···· ...... . BODILY INJURY (Pe• aocidenl] I $ PRDPER1YDAWi.Gl::--~-=H-········--· -.. ··-· ..iE![iga<1_!!l!L_ _ __ _ _ ·-$ --· ___ __ . -- s EACH OCCURRENCE 03/01/2013 03/01/2014 AGGREGATE x lr~·.slru-Ns ' ~ o3/0112013 o3t01t2o14 ~--~-~9:~.~~-c!.D~ ....... l !.--·-. ].ooo;o~.o ! !,!_:, DIS_!=ASE • EA EMPLOY~~$ ___ ·-. 1,000!~~0 I I e.L.. DISEASE. ~oucv LIMIT I s 1,000,000 E !Professional Liab .Full Prior Acts I r100,0DO DEDUCTIBLE i 03101/20131 03/01/2014 Ea Claim 250,000 I Aggregate 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES [Atlacn ACORD 101, AG~Itlonol Remarl<s S<:l1ed"le, II mol1! 51>10115 requlrod) Project Description: Contract I C-9006; Traffic Engineering Support Services Consultant CERTIFICATE HOLDER CANCEllATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Florida Department of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Transportation 1000 NW 111th Avenue, Rm. 6202 AUTHORIZED REPRESEN TA TIV!: Miami, FL 33172 ~-~ ® 1988-2010 ACORD CORPORATION. All nghts reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 193 October 17, 2013 A:IEC Advanced Transportation Engineering Consultants RE: Contract Execution Authority Dear Sir/Madam: The following is a true, certified copy of the portion of our July 17, 2013 corporate minutes, which authorizes Mr. Elio R. Espino to execute (sign} proposals and contracts on behalf of ATEC: "Upon duly motion made, seconded and unanimously carried, it was RESOLVED that Elio R. Espino, Director and President, shall have authority to execute any contracts on behalf of the Corporation." Sincerely, ~ 0) Mariley Pere~ ~ Vice President/Corpora~ecretary STATE OF: FLORIDA COUNTY OF: MIAMI-DADE Produced Identification Notary Public-State of: Florida Commission Expires: __ 4_-_3_-_.:<_0_I_!:f __ _ JESSIE IMftiTEVM Natary f'uNI; • ltllt Ill Flarldl My C0111111. _...... 3, 2017 COIIIIIII,tllon • H 11121 I 12905 SVV 42 St ·Suite 209 • M<JmL FL 33175 p 305.480,!-1938 · t 305 480.9964 · W'i:N il!(cc;r~.''' cv 194 Date: 10/17/2013 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DBE PARTICIPATION STATEMENT 375-{)30-21 PROCUREMENT 10/01 Note: The Consultant is required to complete the following information and submit this form with the technical proposal. Project Description: Traffic Engineering Support Services Consultant FM No. 429286-2-32-01 Consultant Name: Advanced Transportation Engineering Consultants This consultant is not a Department of Transportation certified Disadvantaged Business Enterprise (DBE). Expected percentage of contract fees to be subcontracted to DBE(s): 1Q% If the intention is to subcontract a portion of the contract fees to DBE(s), the proposed DBE sub-consultants are as follows: DBE Sub-Consultant TRACE Consultants, Inc. Pinnacle Consulting Enterprises, Inc. HBC Engineering Company By: Elio R. Es lno Ph.D. P.E. PTOE Title: President Date: 10/16/2013 Type of Work/Commodity Roadway Design Construction Engineering & Inspection Traffic Engineering Studies 195 MIAMI BEACH February 26, 2014 Assessment of Procurement Operations December 12, 2012 Recommendations Section 1 of8 DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 331 39 305-673-7 490 Advanced Transportation Engineering Consultants, Inc. 13940 SW 136th Street, Suite 1 07 Miami, Florida 33186 Attention: Erik Echezabal Subject: Piggy-backing Florida Department of Transportation Contract C-9D06 for Traffic Monitoring Services Dear Mr_ Erik Echezabal: The City of Miami Beach Code would like to consider utilizing Contract C-9D06 for Traffic Monitoring Services awarded to ATEC by the Florida Department of Transportation, and effective through July, 2018, to procure traffic management services at the same scope, terms, conditions and pricing as in the above-referenced contract. Please acknowledge and verify, by signing and returning this document to my attention that your firm will extend to the City the same scope, terms, conditions and pricing as awarded in the contract referenced above. Please feel free to contact me at 305-673-7490. Director Procurement Management Department By signing and returning this document to the individual named above, the firm agrees to extend to the City the same scope, terms, conditions and pricing as awarded in the contract referenced above. COMPANY NAME: AUTHORIZED REPRESENTATIVE: SIGNATURE: DATE SIGNED: C: Kathie Brooks, Assistant City Manager Jose Gonzalez, Transportation Manager 196 I~ J ~ 1 ~ (Q 00 Traffic Evant Management -2014 Evarlt Traffic Management Peak Season Summary SUMMARY FEE SHEET ACTIVITY Event 1· 2014 Miami Winter Party Week Event 2: Winter Music Conference Event 3: Winter Music Conference (ULTRA) Event4: 2014 Memonal Day Weekend TOTALS PROJECT: Event Traffic Management-2014 Event Traffic Management Peak Season Summary CONSULTANT: Advanced Transportation Engineering Consultants, Inc. DATE: February 24,2014 Fee Estimate Notes Ch1ef Eng1neer Signal Systems Traffic Engineer (Engineer Engineer (Designer) Intern) Man-14 14 14 18 60 6% Hourly Man-Hourly Man-$224.69 58 $116.91 $224.69 58 $116.91 $224.69 58 $11691 $224.69 74 $116.91 $13,481 40 248 $28,993 68 24% ATEC FEE COMPUTATIONS Bucket truck ($210 per day, All Events) Operating Cost for Wifi +ITS (All Events) VMS S1gns (All Events) 58 68 58 76 260 25% 1' II= C . ..... Advanced Transportation Engineenng Consultants Hourly $9342 $93.42 $9342 $9342 $24,28920 Attachment C Engineenng Technician TOTAL HOURS Man-Hourly 90 $5341 220 142 $53.41 262 118 $53.41 248 118 $53.41 286 468 $24,995.88 1,036 45% 100% Total ATEC Fee (Lump Sum) TOTAL DOLLARS $20,151.70 $23,863 22 $21.647 16 $26.098.06 $91 760.16 3990 1875 2550 $llr0,174.74 Attachment D WINTER MUSIC FEST. TRAFFIC MANAGEMENT AREA FOOT TRAFFIC MONITORING DEVICES (EXISTING) SMART VMS PROPOSED WINTER MUSIC FESTIVAL TRAFFIC MONITORING DEVICES 199 ULTRA MUSIC FEST. TRAFFIC MANAGEMENT AREA FOOT CONSTRUCTION DEVICES INSTALLED PROPOSED ULTRA MUSIC FESTIVAL DEVICES SMART VMS 200 MEMORIAL DAY TRAFFIC MANAGEMENT AREA FOOT TRAFFIC MONITORING DEVICES (EXISTING) SMART VMS PROPOSED MEMORIAL DAY TRAFFIC MONITORING DEVICES 201 RESOLUTION TO BE SUBMITTED 202 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission authorizing the City Manager to issue an RFP for eligible public service, housing, and capital activities to be funded from the City of Miami Beach FY 2014/2015 entitlement allocations from the U.S. Department of Housing & Urban Development (HUD). Key Intended Outcome Supported: Sustainable initiatives. Affordable housing for the labor force. Supporting Data (Surveys, Environmental Scan, etc.: Based on the 2012 Community Satisfaction Survey, 80% of esidents believe the City's standard of living is good and improving. 34% of businesses rated the lack of affordable rousing in Miami Beach for their labor force as their most important challenge. Item Summary/Recommendation: As an entitlement community, the City receives an annual allocation of HUD funding. HUD requires the City (and all participating jurisdictions) to submit a Five-Year Consolidated Plan establishing the strategic framework upon which the City will utilize funds. The Consolidated Plan is refined each year through the required submission of the One-Year Action Plan which specifically defines the projects and activities funded by that year's HUD allocation. Historically, the City's CDBG funds have been used for public services, housing, code enforcement, and public facilities improvements; while HOME funds have been used for affordable rental housing and first-time homeownership. The City must submit the FY 201412015 One-Year Action Plan for HUD's approval by August 16, 2014. As such, it is necessary to begin the screening process for proposed activities. The process includes: release of the RFP; review by staff to determine complete/eligible RFP submissions; evaluation/scoring/recommendations by the Affordable Housing Advisory Committee (AHAC); review of AHAC recommendations with the Administration; 30-day Comment Period to receive public input; City Commission approval; and, finally, submission to HUD. FY 2014/2015 funding allocations have not been announced by HUD. However, based on the HUD-imposed timeline for preparation and submission of the Action Plan, the Administration recommends authorizing the City Manager to issue the attached Requests for Proposals (RFPs) for eligible activities to be funded from the City of Miami Beach FY 2014/2015 entitlement allocations from HUD. Based on current projections, the RFPs will be issued with a 10% reduction from actual FY 2013/2014 allocations. The RFPs will be issued with a qualification that the award of funds is subject to the actual HUD funding allocations. Advisory Board Recommendation: Financial Information: Source of Funds: Amount 1 N/A D 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin : Maria Ruiz/Housing & Community Development Si n-Offs: Department Director Assistant City Manager MLR KGB MIAMI BEACH 203 Account City Manager NDA ITEM L 7F DATE .J-5"'-/'( ttl MIAMI BEACH - City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, W'tNf.miamibeachfl gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City C FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR ELIGIBLE PUBLIC SERVICE, HOUSING, AND CAPITAL ACTIVITIES TO BE FUNDED FROM THE CITY OF MIAMI BEACH FISCAL YEAR 2014/2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) ENTITLEMENT ALLOCATIONS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND The City of Miami Beach is a U.S. Housing and Urban Development (HUD)-designated entitlement community as determined by the decennial census information on population growth lag, age of housing stock, and poverty. The City was designated a Community Development Block Grant (CDBG) Program entitlement city in 1975, and has been receiving HOME Investment Partnership (HOME) Program funds since the program's inception in 1992. While the CDBG Program provides funding for public services, housing, and capital projects; the HOME Program provides funding specifically designated for affordable housing to strengthen public/private housing partnerships and expand the supply of decent, safe, sanitary, and affordable housing for low-and moderate-income individuals and families. As an entitlement community, the City receives an annual allocation of HUD funding. To receive the funds, HUD requires the City (and all participating jurisdictions) to submit a Five-Year Consolidated Plan which establishes the strategic framework upon which the jurisdiction will utilize its funds. The Consolidated Plan is refined each year through the required submission of the One-Year Action Plan which specifically defines the projects and activities funded by that year's HUD allocation. Historically, the City's CDBG funds have been used for public services, housing, code enforcement, and public facilities improvements; while HOME funds have been used for affordable rental housing and first-time homeownership. ANALYSIS The City must submit the FY 201412015 One-Year Action Plan to HUD for its approval by August 16, 2014. To allow enough time to complete the development process of the Action 204 HOME and CDBG RFP Release Page2 March 5, 2014 Plan, it is necessary to begin the proposal screening process as soon as possible. The process includes the following steps: • Release of Request for Proposals(RFP) for 30-days • Initial RFP review by staff to determine complete/eligible submissions • Evaluation/Scoring/Recommendations by the Affordable Housing Advisory Committee(AHAC) absorbing the functions previously performed by the Community Development Advisory Committee for CDBG-funded activities) • Review of AHAC recommendations with the Administration • 30-day Comment Period to receive public input • City Commission approval • Submission to HUD The City has not yet been notified of the amount of funding that it will receive for FY 2014/2015. HUD will nonetheless hold the City to the required timeline for completion and submission of the Action Plan. Therefore, staff is proposing the issuance of the CDBG and HOME RFPs indicating estimated funds available and a qualifying statement that the award of funds is subject to the actual allocations of HUD. For FY 2013/2014 the HUD allocations were $953,576 and $469,525 for CDBG and HOME, respectively. Based on the current trend toward funding reductions in HUD programs, staff is recommending release of the RFPs with ten percent (1 0%) reductions in the amount of funds available. This would mean available funds of $858,218 for CDBG and $422,572 for HOME. CONCLUSION The Administration recommends authorizing the City Manager to issue the attached Requests for Proposals (RFPs) for eligible activities to be funded from the City of Miami Beach FY 2014/2015 CDBG and HOME entitlement allocations from the U.S. Department of Housing and Urban Development {HUD). JLMI~BMJ.RJARB T:\Agenda/2014/march/FY2014-15 CDBG-HOME RFP Issuance Memo 205 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS {RFP) FOR ELIGIBLE PUBLIC SERVICE, HOUSING, AND CAPITAL ACTIVITIES TO BE FUNDED FROM THE CITY OF MIAMI BEACH FISCAL YEAR 2014/2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) ENTITLEMENT ALLOCATIONS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). WHEREAS, the City is an entitlement recipient of HUD formula grant programs as follows: Community Development Block Grant (CDBG) funds, and HOME Investment Partnerships (HOME) funds; and WHEREAS, CDBG funds are used to provide vital public services, housing activities, code enforcement, and improvements to public facilities and HOME funds are used for affordable housing activities, including multi-family rentals and first-time homeownership; and WHEREAS, the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, the City will issue a Request for Proposals (RFP) for the FY 2014/2015 CDBG funds and the FY 2014/2015 HOME funds to ensure compliance with the HUD rules and regulations; and WHEREAS, the City will prepare and submit to HUD an Annual Action Plan, approved by the City Commission, based on activities that the City wishes to fund from the FY 2014/2015 entitlement allocations; and WHEREAS, the Annual Action Plan for Federal funds is a requirement under the HUD formula grant programs, which include the CDBG and HOME Programs; and WHEREAS, the City Manager is the designated agent for all HUD formula grants, and executes the grant applications, grant agreements, and other applicable HUD documents on behalf of the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize the City Manager to issue a Request for Proposals (RFP) for eligible public service, housing, and capital activities to be funded from the City of Miami Beach fiscal year 2014/2015 Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) entitlement allocations from the U.S. Department of Housing and Urban Development (HUD). PASSED AND ADOPTED this ___ day of ______ 2014. ATIEST: CITY CLERK MAYOR 206 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Urging The Governor And Legislature Of The State Of Florida To Enhance The Florida Film & Entertainment lndust Financial Incentive Pro ram With Additional Tax Credits. Key Intended Outcome Supported: Maximize Miami Beach as a destination brand. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: On July 1, 2010, the State of Florida's first major Film and Entertainment Industry Tax Credit was implemented, ushering in a whirlwind of new film and television productions to the state, principally in the Southeast region. Miami Beach alone has seen a 172% increase in production dollars spent annually from before the incentive to recent years, when we hosted productions like "Burn Notice," "Magic City," "Pain and Gain," "Iron Man 3," and several locally produced telenovellas from Miami- based Telemundo and Venevision. Film permits in Miami Beach have reached new records in annual permits issued (1, 123), dollars spent ($127.7 Million) and room nights (nearly 29,000) in Miami Beach in the past two years. The $296M of allocated tax credits has brought in $1.5 Billion in new Florida production spending, including $930 Million in wages for over 190,000 Florida production jobs. A recent study prepared by the Motion Picture Association of America (MPPA) in conjunction with Visit Florida for the Florida Department of Economic Opportunity (DEO) showed 19.5% of all visitors and 22.7% of leisure visitors to Florida stated viewing a movie or television series filmed in Florida was wither "extremely important" or "very important" in their decision to travel to Florida and, further, the incentive provides a return on investment of no less than $5.6 and potentially up to $20.50 for every $1 of incentive tax credit issued. The allocated credits have now fully been used or allocated and no further credits were added in the 2013 Legislative session, putting our future in entertainment production in serious jeopardy. The City's Tourism, Culture, and Economic Development Department's Film Office, serving in leadership of Film Florida, the statewide entertainment industry trade association, has worked since the end of last year's session to educate the Legislature on the need for enhanced and reliable funding to compete with states like Georgia, Louisiana and New York. Last week, Representative Manny Diaz of Hialeah filed HB983, proposing strong and reliable long term funding for the program. A Senate companion bill, sponsored by Senator Nance Detert is forthcoming. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: I Max Sklar MIAMI BEACH Account 207 Approved AGENDA ITEM ---=--C-=7_G-__ DATE S-$"""-f({ tr:a MIAMI BEACH ...._..... City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L Morales, City Manager DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE GOVERNOR AND LEGISLATURE OF THE STATE OF FLORIDA TO ENHANCE THE FLORIDA FILM & ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM WITH ADDITIONAL TAX CREDITS. BACKGROUND On July 1, 2010, the State of Florida's first major Film and Entertainment Industry Tax Credit was implemented, ushering in a whirlwind of new film and television productions to the state, principally in the Southeast region. Miami Beach alone has seen a 172% increase in production dollars spent annually from before the incentive to recent years, when we hosted productions like "Burn Notice," "Magic City," "Pain and Gain," "Iron Man 3," and several locally produced telenovellas from Miami~based Telemundo and Venevision. Film permits in Miami Beach have reached new records in annual permits issued (1,123), dollars spent ($127.7 Million) and room nights (nearly 29,000) in Miami Beach in the past two years. The $296M of allocated tax credits has brought in $1.5 Billion in new Florida production spending, including $930 Million in wages for over 190,000 Florida production jobs. A recent study prepared by the Motion Picture Association of America (MPPA) in conjunction with Visit Florida for the Florida Department of Economic Opportunity (DEO) showed 19.5% of all visitors and 22.7% of leisure visitors to Florida stated viewing a movie or television series filmed in Florida was wither "extremely important" or "very important" in their decision to travel to Florida and, further, the incentive provides a return on investment of no less than $5.6 and potentially up to $20.50 for every $1 of incentive tax credit issued. The allocated credits have now fully been used or allocated and no further credits were added in the 2013 Legislative session, putting our future in entertainment production in serious jeopardy. The City's Tourism, Culture, and Economic Development Department's Film Office, serving in leadership of Film Florida, the statewide entertainment industry trade association, has worked since the end of last year's session to educate the Legislature on the need for enhanced and reliable funding to compete with states like Georgia, Louisiana and New York. Last week, Representative Manny Diaz of Hialeah filed HB983, proposing strong and reliable long term funding for the program. A Senate companion bill, sponsored by Senator Nance Detert is forthcoming. RECCOMENDATION The administration recommends approval of the resolution. Attac~nts: House Bill 983 JLM/K~/MAS/GW F:\INFO\$ALL\Max\TCD\Commission Memos\Film Incentive Support 3-5-14 Commission Memo.doc 208 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE GOVERNOR AND LEGISLATURE OF THE STATE OF FLORIDA TO ENHANCE THE FLORIDA FILM & ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM WITH ADDITIONAL TAX CREDITS. WHEREAS, the Florida film and entertainment industries have long been coveted around the world and the City of Miami Beach has been fortunate to host, cultivate, and support this industry for the past six decades, going back to Frank Sinatra, Jackie Gleason, and Miami Vice; and WHEREAS, the unmitigated success of the Florida Film & Entertainment Industry Financial Incentive Program, passed in 2010, has led to Miami Beach having a second consecutive record year in 2013 in terms of film permits issued ( 1123) and dollars spent on permitted productions Uust under $128 Million), as well as accounting for over 14,600 room nights in Miami Beach alone, including television projects such as "Burn Notice," "Magic City," and many reality and telenovela productions; and WHEREAS, these projects, and those before them, have showcased Miami Beach to the world and continue to do so in perpetuity, enhancing Miami Beach's brand worldwide and serving as a diversifier and engine of tourism, the City's primary economy; and WHEREAS, the current tax credits within the Florida Film & Entertainment Industry Financial Incentive Program haven been exhausted and/or are committed to productions here and throughout the State of Florida, however many more film and television productions desire to produce here, but are in need of continued and reliable incentive funding to offset locating or relocating in competing states and locations, including Georgia and Louisiana, as well as New York and Puerto Rico. 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 urge the Governor and the Legislature of the State of Florida to add additional and sufficient tax credits to the Florida Film & Entertainment Industry Financial Incentive Program so that the State of Florida and the City of Miami Beach may retain and enhance their positions as key entertainment industry production centers. PASSED and ADOPTED this 5 day of March 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK F~\JNFO\SALL\Gr.ah.am\mernos\Film Incentive Support Resolutlo, 2(l14.doc 209 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 1 A bill to be entitled 2 An act relating to the entertainment industry 3 financial incentive program; amending s. 288.1254, 4 F.S.; revising definitions; revising the purpose of 5 the program; revising the application requirements and 6 approval procedure for certain tax credits; requiring 7 certified productions to notify the Office of Film and 8 Entertainment of changes to certain production 9 circumstances; requiring the office to deem certain 10 tax credit awards denied and applications withdrawn; 11 authorizing the office to approve adjusted tax credit 12 awards under certain circumstances; providing that a 13 certified production is not entitled to a tax credit 14 award unless the certified production's actual 15 qualified expenditures have been verified by the 16 office and approved by the Department of Economic 17 Opportunity; specifying the period in which a 18 certified production must submit qualifying 19 expenditure data to the office; revising the criteria 20 for determining priority for tax credit awards; 21 revising tax credit eligibility criteria; providing a 22 tax credit for certain qualified productions that 23 complete certain promotional activities; authorizing 24 credit allocations for specified fiscal years; 25 revising program repeal provisions; providing an 26 effective date. Page 1 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 210 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsections (1), (2), and (3), paragraphs (a) 2014 31 and (b) of subsection (4), paragraphs (a) and (c) of subsection 32 (7), and subsection (11) of section 288.1254, Florida Statutes, 33 are amended to read: 34 288.1254 Entertainment industry financial incentive 35 program.- 36 (1) DEFINITIONS.-As used in this section, the term: 37 (a) "Certified production" means a qualified production 38 that has tax credits allocated to it by the department based on 39 the production's estimated qualified expenditures, up to the 40 production's maximum certified amount of tax credits, by the 41 department. The term does not include a production if its first 42 day of principal photography or project start date in this state 43 occurs before the production is certified by the department, 44 unless the production spans ffiore than 1 fiscal year, was a 45 certified production on its first day of principal photography 46 or project start date in this state, and subffiits an application 47 for continuing the Saffie production for the subsequent fiscal 48 year. 4 9 (b) "Digital media project" means a production of 50 interactive entertainment that is produced for distribution in 51 commercial or educational markets. The term includes a video 52 game or production intended for Internet or wireless Page 2 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 211 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 53 distribution, an interactive website, digital animation, and 54 visual effects, including, but not limited to, three-dimensional 55 movie productions and movie conversions. The term does not 56 include a production that contains content that is obscene as 57 defined ins. 847.001. 58 (c) "High-impact digital media project" means a digital 59 media project that has qualified expenditures greater than $4.5 60 million. 61 (d) "High-impact television series" means a production 62 created to run multiple production seasons and having an 63 estimated order of at least seven episodes per season and 64 qualified expenditures of at least $625,000 per episode. The 65 term also includes a multiple-episode television production that 66 meets the following requirements: 67 1. The production has qualified expenditures greater than 68 $4.5 million. 69 2. The production has at least 45 principal photography 70 days in this state. 71 3. At least 90 percent of the cast and crew employed by 72 the production are residents of this state. 73 4. At least 90 percent of the entire production is 7 4 produced in this state. 75 (e) "Off-season certified production" means a feature 76 film, independent film, or television series or pilot that 77 completes at least 98 total production days or at least films 75 78 percent or more of its principal photography days from June 1 Page 3 of 32 CODING: Words stFicken are deletions; words underlined are additions. hb0983-00 212 F L 0 R D A H 0 U S E 0 F R E P R E S E N T A T V E S 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 HB 983 2014 through November 30. (f) "Principal photography" means the filming of major or significant components of the qualified production which involve lead actors. (g) "Production" means a theatricalL e-r direct-to-videoL or direct-to-Internet motion picture; a made-for-television motion picture; visual effects or digital animation sequences produced in conjunction with a motion picture; a commercial; a music video; an industrial or educational film; an infomercial; a documentary film; a television pilot program; a presentation for a television pilot program; a television series, including, but not limited to, a drama, a reality show, a comedy, a soap opera, a telenovela, a game show, an awards show, or a miniseries production; or a digital media project by the entertainment industry. One season of a television series is considered one production. The term does not include a weather or market program; a sporting event or a sporting event broadcast; a gala; a production that solicits funds; a home shopping program; a political program; a political documentary; political advertising; a gambling-related project or production; a concert production; a local, regional, or Internet- distributed-only news show or current-events show; a sports news or sports recap show; a pornographic production; or any production deemed obscene under chapter 847. A production may be produced on or by film, tape, or otherwise by means of a motion picture camera; electronic camera or device; tape device; Page4 of 32 CODING: Words slricken are deletions; words underlined are additions. hb0983-00 213 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 105 computer; any combination of the foregoing; or any other means, 106 method, or device.· 107 (h) "Production expenditures" means the costs of tangible 108 and intangible property used for, and services performed 109 primarily and customarily in, production, including 110 preproduction and postproduction, but excluding costs for 111 development, marketing, and distribution. The term includes, but 112 is not limited to: 113 1. Wages, salaries, or other compensation paid to legal 114 residents of this state, including amounts paid through payroll 115 service companies, for technical and production crews, 116 directors, producers, and performers. 117 2. Net expenditures for sound stages, backlots, production 118 editing, digital effects, sound recordings, sets, and set 119 construction. 120 3. Net expenditures for rental equipment, including, but 121 not limited to, cameras and grip or electrical equipment. 122 4. Up to $300,000 of the costs of newly purchased computer 123 software and hardware unique to the project, including servers, 124 data processing, and visualization technologies, which are 125 located in and used exclusively in the state for the production 126 of digital media. 127 5. Expenditures for meals, travel, and accommodations. For 128 purposes of this paragraph, the term "net expenditures" means 129 the actual amount of money a qualified production spent for 130 equipment or other tangible personal property, after subtracting Page 5 of 32 CODING: Words strickeA are deletions; words underlined are additions. hb0983-00 214 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 131 any consideration received for reselling or transferring the 132 item after the qualified production ends, if applicable. 2014 133 (i) "Qualified expenditures" means production expenditures 134 incurred in this state by a qualified production for: 135 1. Goods purchased or leased from, or services, including, 136 but not limited to, insurance costs and bonding, payroll 137 services, and legal fees, which are provided by, a vendor or 138 supplier in this state that is registered with the Department of 139 State or the Department of Revenue, has a physical location in 140 this state, and employs one or more legal residents of this 141 state. This does not include rebilled goods or services provided 142 by an in-state company from out-of-state vendors or suppliers. 143 When services provided by the vendor or supplier include 144 personal services or labor, only personal services or labor 145 provided by residents of this state, evidenced by the required 146 documentation of residency in this state, qualify. 147 2. Payments to legal residents of this state in the form 148 of salary, wages, or other compensation up to a maximum of 149 $400,000 per resident unless otherwise specified in subsection 150 (4). A completed declaration of residency in this state must 151 accompany the documentation submitted to the office for 152 reimbursement. 153 154 For a qualified production involving an event, such as an awards 155 show, the term does not include expenditures solely associated 156 with the event itself and not directly required by the Page 6 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 215 FLORIDA H 0 U S E 0 F R E P R E S E N T A T I V E S HB983 2014 157 production. The term does not include expenditures incurred 158 before certification, with the exception of those incurred for a 159 commercial, a music video, or the pickup of additional episodes 160 of a high-impact television series within a single season. Under 161 no circumstances may the qualified production include in the 162 calculation for qualified expenditures the original purchase 163 price for equipment or other tangible property that is later 164 sold or transferred by the qualified production for 165 consideration. In such cases, the qualified expenditure is the 166 net of the original purchase price minus the consideration 167 received upon sale or transfer. 168 (j) "Qualified production" means a production in this 169 state meeting the requirements of this section. The term does 170 not include a production: 171 1. In which, for the first 2 years of the incentive 172 prograffi, less than 50 percent, and thereafter, less than 2Q ~ 173 percent, of the positions that make up its production cast and 174 below-the-line production crew, or, in the case of digital media 175 projects, less than 80 ~percent of such positions, are filled 176 by legal residents of this state, whose residency is 177 demonstrated by a valid Florida driver driver's license or other 178 state-issued identification confirming residency, or students 179 enrolled full-time in a film-and-entertainment-related course of 180 study at an institution of higher education in this state; or 181 2. That contains obscene content as defined in s. 182 847.001(10). Page 7 of 32 CODING: Words stricken are deletions: words underlined are additions. hb0983-00 216 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB983 183 (k) "Qualified production company" means a corporation, 184 limited liability company, partnership, or other legal entity 185 engaged in one or more productions in this state. 2014 186 ( l) "Qualified digital media production facility" means a 187 building or series of buildings and their improvements in which 188 data processing, visualization, and sound synchronization 189 technologies are regularly applied for the production of 190 qualified digital media projects or the digital animation 191 components of qualified productions. 192 (m) "Qualified production facility" means a building or 193 complex of buildings and their improvements and associated 194 backlot facilities in which regular filming activity for film or 195 television has occurred for a period of no less than 1 year and 196 which contain at least one sound stage of at least 7,800 square 197 feet. 198 (n) "Regional population ratio" Hteans the ratio of the 199 population of a region to the population of this state. The 200 regional population ratio applicable to a given fiscal year is 201 the regional population ratio calculated by the Office of Film 202 and Entertainment using the latest official estimates of 203 population certified under s. 186.901, available on the first 204 day of that fiscal year. 205 (e) "Regional tax credit ratio" means a ratio the 206 nuHterator of '•vhich is the suHt of ta}{ credits mvarded to 207 productions in a region to date plus the tax credits certified, 208 but not yet awarded, to productions currently in that region and Page 8 of 32 CODING: Words strickeA are deletions; words underlined are additions. hb0983-00 217 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 2 0 9 the denominator of ~i'hich is the sum of all tax credits awarded 210 in the state to date plus all tax credits certified, but not yet 211 a~;arded, to productions currently in the state. The regional tan 212 credit ratio applicable to a given year is the regional taJc 213 credit ratio calculated by the Office of Film and 8ntertainment 214 using credit avwrd and certification information available on 215 the first day of that fiscal year. 216 J....Ql-f-F+ "Underused county Underutilized region" for a given 217 state fiscal year means a county in this state other than Miami- 218 Dade, Broward, and Orange Counties region with a regional tax 219 credit ratio applicable to that fiscal year that is lower than 220 its regional population ratio applicable to that fiscal year. 221 The follO\Jing regions are established for purposes of making 222 this determination: 223 1. North Region, consisting of Alachua, Baker, Bay, 224 Bradford, Calhoun, Clay, Columbia, Dinie, Duval, 8scaFftbia, 225 Franklin, Gadsden, Gilchrist, Gulf, HaFftilton, Holmes, Jackson, 226 Jefferson, Lafayette, Leon, Levy, Liberty, Hadison, Nassau, 227 Okaloosa, Putnam, Santa Rosa, St. Johns, SmJannee, Taylor, 228 Union, Wakulla, Walton, and Washington Counties. 229 2. Central 8ast Region, consisting of Brevard, Flagler, 230 Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St. 231 Lucie, and Volusia Counties. 232 3. Central West Region, consisting of Citrus, Hernando, 233 Hillsborough, Banatee, Harion, Polk, Pasco, Pinellas, Sarasota, 234 and Sumter Counties. Page 9 of32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 218 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB983 2014 235 4. SouthHest Region, oonoioting of Charlotte, Collier, 236 DeSoto, Clades, Hardee, Hendry, Highlands, and Lee Counties. 237 5. Southeast Region, consisting of Bro.,.ard, Hartin, HiaFFti 238 Dade, Honroe, and PalFFt Beaeh Counties. 239 J..Ql_~ "Interactive website" means a website or group of 240 websites that includes interactive and downloadable content7 and 241 creates 25 new Florida full-time equivalent positions operating 242 from a principal place of business located within Florida. An 243 interactive website or group of websites must provide 244 documentation that those jobs were created to the Office of Film 245 and Entertainment before prior to the award of tax credits. Each 246 subsequent program application must provide proof that 25 247 Florida full-time equivalent positions are maintained. 248 (2) CREATION AND PURPOSE OF PROGRAM.-The entertainment 249 industry financial incentive program is created within the 250 Office of Film and Entertainment. The purpose of this program is 251 to encourage the use of this state as a site for entertainment 252 production and filFFting, for the digital production of films 7 and 253 to develop and sustain the workforce and infrastructure for 254 film, digital media, and entertainment production. 255 256 (3) APPLICATION PROCEDURE; APPROVAL PROCESS.- (a) Program application.-A qualified production company 257 producing a qualified production in this state may submit a 258 program application to the Office of Film and Entertainment for 259 the purpose of determining qualification for an award of tax 260 credits authorized by this section no earlier than 150 ~ days Page 10 of 32 CODING: Words stricken are deletions: words underlined are additions. hb0983-00 219 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 261 before the first day of principal photography or project start 262 date in this state. The applicant shall provide the Office of 263 Film and Entertainment with information required to determine 264 whether the production is a qualified production and to 265 determine the qualified expenditures and other information 266 necessary for the office to determine eligibility for the tax 267 credit. 268 (b) Required documentation.-The Office of Film and 269 Entertainment shall develop an application form for qualifying 270 an applicant as a qualified production. The form must include, 271 but need not be limited to, production-related information 272 concerning employment of residents in this state, a detailed 2014 273 budget of planned qualified expenditures, a budget of planned 274 nonqualified expenditures to be incurred in this state, proof of 275 financing for the production, and the applicant's signed 276 affirmation that the information on the form has been verified 277 and is correct. The Office of Film and Entertainment and local 278 film commissions shall distribute the form. 279 (c) Application process.-The Office of Film and 280 Entertainment shall establish a process by which an application 281 is accepted and reviewed and by which tax credit eligibility and 282 award amount are determined. The Office of Film and 283 Entertainment may request assistance from a duly appointed local 284 film commission in determining compliance with this section. A 285 certified high-impact television series may submit an initial 286 application for no more than two successive seasons, Page 11 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 220 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 287 notwithstanding the fact that the successive seasons have not 288 been ordered. The successive season's qualified expenditure 289 amounts shall be based on the current season's estimated 290 qualified expenditures. Upon the completion of production of 291 each season, a high-impact television series may submit an 292 application for no more than one additional season. 2014 293 1. If, during a fiscal year, the total amount of credits 294 applied for exceeds the amount of credits available for 295 certification in that fiscal year, applications will be assigned 296 queue numbers on a first-come, first-served basis, determined by 297 the date and time the applications were received by the Office 298 of Film and Entertainment, and shall be placed on a wait list. 299 On July 1 of each year, all applications remaining on the wait 300 list shall be void, except for applications submitted in the 301 previous fiscal year by high-impact television series and high- 302 impact digital media projects, which shall be carried forward 303 into the new fiscal year. The Office of Film and Entertainment 304 and the department may, at their discretion, close the 305 application process for a current fiscal year's tax credit 306 allocation when the cumulative amount of credits applied for, 307 but not certified, exceeds 125 percent of the total amount of 308 credits authorized in the current fiscal year. 309 2. Notwithstanding any provision to the contrary, the 310 Office of Film and Entertainment shall accept, on a rolling 311 basis, applications from qualified production companies for 312 high-impact television series created to run for multiple Page 12 of32 CODING: Words striokeR are deletions; words underlined are additions. 221 hb0983-00 FLORIDA H 0 U S E 0 F R E P R E S E N T A T I V E S HB 983 2014 313 seasons and high-impact digital media projects created to be 314 produced for multiple generations. The Office of Film and 315 Entertainment shall accept an application for any season or 316 generation and, simultaneously, for one successive season of a 317 high-impact television series created to run multiple seasons or 318 one successive generation of a high-impact digital media project 319 created to be produced for multiple generations. Thereafter, the 320 Office of Film and Entertainment shall accept an application for 321 each additional season or generation up to 1 year in advance of 322 the first day of principal photography or the project start date 323 in this state regardless of whether the additional season or 324 generation has been ordered. The qualified expenditure amounts 325 for a successive season or generation shall be based on the 326 estimated qualified expenditures of the current season or 327 generation. 328 (d) Certification.-The Office of Film and Entertainment 329 shall review the application within 15 business days after 330 receipt. Upon its determination that the application contains 331 all the information required by this subsection and meets the 332 criteria set out in this section, the Office of Film and 333 Entertainment shall qualify the applicant and recommend to the 334 department that the applicant be certified for the maximum tax 335 credit award amount. Within 5 business days after receipt of the 336 recommendation, the department shall reject the recommendation 337 or certify the maximum recommended tax credit award, if any, to 338 the applicant and to the executive director of the Department of Page 13 of32 CODING: Words strickeA are deletions; words underlined are additions. hb0983-00 222 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 3 3 9 Revenue. 340 1. If tax credits are no longer available for 341 certification in any fiscal year during which the Office of Film 342 and Entertainment receives an application that meets the 343 requirements of this section for a season of a high-impact 344 television series created to run multiple seasons or a 345 generation of a high-impact digital media project created to be 346 produced for multiple generations, simultaneous with a 347 successive season or generation, the Office of Film and 348 Entertainment shall recommend the project and the department 349 shall certify the project using tax credits from the next fiscal 350 year in which tax credits are allocated and available to be 351 certified. For each additional season of a high-impact 352 television series created to run multiple seasons or each 353 additional generation of a high-impact digital media project 354 created to be produced for multiple generations, the Office of 355 Film and Entertainment shall recommend the project and the 356 department shall certify the project using tax credits from the 357 fiscal year in which the first day of principal photography or 358 the project start date in this state occurs; however, if tax 359 credits are not available in such fiscal year, the department 360 shall certify the project using tax credits from the next fiscal 361 year in which tax credits are allocated and available to be 362 certified. The department shall certify such productions 363 regardless of whether the first day of principal photography or 364 the project start date in this state occurs before the fiscal Page 14 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 223 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB983 2014 365 year from which the tax credits are allocated. 366 2. Once a production has received a letter of 367 certification and signified that the project will be produced in 368 Florida, the production must provide information to be posted on 369 the department's website that includes, but is not limited to, 370 the type of production, the project start date of the 371 production, and the county or counties in which the project 372 plans to base its production. The production must also provide 373 an email address to be posted on the department's website for 374 the purpose of receiving resumes and business information from 375 prospective cast, crew, vendors, contractors, and other 376 interested persons. 377 (e) Grounds for denial.-The Office of Film and 378 Entertainment shall deny an application if it determines that 379 the application is not complete or the production or application 380 does not meet the requirements of this section. Within 90 days 381 after submitting a program application, eHccpt ·.vith respect to 382 applications in the independent and emerging media queue, a 383 production must provide proof of project financing to the Office 384 of Film and Entertainment, otherwise the project is deemed 385 denied and ·,,rithdravm. A project that has been denied Hithdrar,m 386 may submit a new application upon providing the Office of Film 387 and Entertainment proof that the project meets the requirements 388 of this section of financing. 389 390 (f) Change in circumstances of certified production.- 1. A certified production must notify the Office of Film Page 15 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 224 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB983 391 and Entertainment within 5 days after any break in production, 392 loss of financing, change in production schedule, or any other 393 change in circumstances affecting the timely completion of the 394 certified production. 395 2. The Office of Film and Entertainment may deem the 2014 396 certification for tax credits for any certified production that 397 is required to notify the office under subparagraph 1. for any 398 reason except loss of financing denied and may consider the 399 certified production's original application withdrawn, subject 400 to adjustments for partial production completion as provided in 401 subparagraph 4. 402 3. The Office of Film and Entertainment must deem the 403 certification for tax credits for any certified production that 404 is required to notify the office under subparagraph 1. for loss 405 of financing denied and must consider the certified production's 406 original application withdrawn, subject to adjustments for 407 partial production completion as provided in subparagraph 4. A 408 certified production that loses financing may submit proof of 409 replacement financing within 10 days after the denial of a tax 410 credit certification under this subparagraph. The Office of Film 411 and Entertainment may verify the replacement financing and 412 reinstate the original certification for tax credits. 413 4. A certified production that has a certification for tax 414 credits denied pursuant to subparagraph 2. or subparagraph 3. 415 may submit any actual qualified expenditures incurred before any 416 such denial to the Office of Film and Entertainment for Page 16 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 225 FLORIDA H 0 U S E 0 F R E P R E S E N T A T I V E S HB 983 2014 417 verification as provided under paragraph (g). If the Office of 418 Film and Entertainment determines that the production meets the 419 minimum requirements of this section, the office may verify the 420 actual qualified expenditures and approve an adjusted tax credit 421 award. 422 lgl~ Verification of actual qualified expenditures.-~ 423 certified production is not entitled to a final tax credit award 424 under this section unless the certified production•s actual 425 qualified expenditures are verified by the Office of Film and 426 Entertainment and approved by the department. 427 1. The Office of Film and Entertainment shall develop a 428 process to verify the actual qualified expenditures of a 429 certified production. The process must require: 430 a. A certified production to submit, within 180 days ±fl-tt 431 tiffiely manner after production ends in this state and after 432 making all of its qualified expenditures in this state, data 433 substantiating each qualified expenditure, including 434 documentation on the net expenditure on equipment and other 435 tangible personal property by the qualified production, to an 436 independent certified public accountant licensed in this state; 437 b. Such accountant to conduct a compliance audit, at the 438 certified production•s expense, to substantiate each qualified 439 expenditure and submit the results as a report, along with the 440 required substantiating data, to the Office of Film and 441 Entertainment; and 442 c. The Office of Film and Entertainment to review the Page 17 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 226 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 443 accountant's submittal and report to the department the final 444 verified amount of actual qualified expenditures made by the 445 certified production. 446 2. The department shall determine and approve the final 2014 447 tax credit award amount to each certified applicant based on the 448 final verified amount of actual qualified expenditures and shall 449 notify the executive director of the Department of Revenue in 450 writing that the certified production has met the requirements 451 of the incentive program and of the final amount of the tax 452 credit award. The final tax credit award amount may not exceed 453 the maximum tax credit award amount certified under paragraph 454 (d). 455 Jbl~ Promoting Florida.-The Office of Film and 456 Entertainment shall ensure that, as a condition of receiving a 457 tax credit under this section, marketing materials promoting 458 this state as a tourist destination or film and entertainment 459 production destination are included, when appropriate, at no 460 cost to the state, which must, at a minimum, include placement 461 of a "Filmed in Florida" or "Produced in Florida" logo in the 4 62 end credits. The placement of a "Filmed in Florida" or "Produced 4 63 in Florida" logo on all packaging material and hard media is 464 also required, unless such placement is prohibited by licensing 465 or other contractual obligations. The size and placement of such 466 logo shall be commensurate to other logos used. If no logos are 467 used, the statement "Filmed in Florida using Florida's 468 Entertainment Industry Financial Incentive," or a similar Page 18 of 32 CODING: Words stFiskeA are deletions; words underlined are additions. hb0983-00 227 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 469 statement approved by the Office of Film and Entertainment, 470 shall be used. The Office of Film and Entertainment shall 2014 471 provide a logo and supply it for the purposes specified in this 4 72 paragraph. A 30-second "Visit Florida" promotional video must 473 also be included on all optical disc formats of a film, unless 474 such placement is prohibited by licensing or other contractual 475 obligations. The 30-second promotional video shall be approved 476 and provided by the Florida Tourism Industry Marketing 477 Corporation in consultation with the Commissioner of Film and 478 Entertainment. 479 (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES; 480 ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS; 481 PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND 482 ACQUISITIONS.- 483 (a) Priority for tax credit award.-The overall priority of 484 a qualified production for tax credit awards shall ~ be 485 determined as follows: 486 1. First priority shall be given to high-impact television 487 series created to run for multiple seasons and high-impact 488 digital media projects created to be produced for multiple 489 generations as applied under subparagraph (3) (c) 2. 490 2. Second priority shall be given to all other high-impact 491 television series and high-impact digital media projects that 492 were assigned queue numbers under subparagraph (3) (c) 1. in the 4 93 previous fiscal year. 494 3. Third priority shall be given to all other productions Page 19 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 228 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 495 for which tax credits were applied under this section on a 496 first-come, first-served basis within its appropriate queue. 497 2014 498 Each qualified production must be placed into the appropriate 499 queue and is subject to the requirements of that queue and this 500 section. 501 (b) Tax credit eligibility.- 502 1.a. General production queue.-Ninety-four percent of tax 503 credits authorized pursuant to subsection (6) in any state 504 fiscal year must be dedicated to the general production queue. 505 The general production queue consists of all qualified 506 productions other than those eligible for the commercial and 507 music video queue or the independent and emerging media 508 production queue. A qualified production that meets the 509 following criteria demonstrates a minimum of $625,000 in 510 qualified expenditures is eligible for tax credits equal to 20 511 percent of its actual qualified expenditures, up to a maximum of 512 $8 million, if it: 513 (I) Demonstrates a minimum of $625,000 in qualified 514 expenditures. 515 (II) Complies with the hiring requirements in subparagraph 516 (1) (j) 1. 517 (III) Submits the documentation and proof of financing 518 required under paragraph (3) (b). 519 520 (IV) Satisfies all the other requirements of this section. Page 20 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 229 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 521 A qualified production that incurs qualified expenditures during 522 multiple state fiscal years may combine those expenditures to 523 satisfy the $625,000 minimum threshold. 524 b. If more than 45 percent of the sum of total tan credits 525 initially certified and m:arded after .''.pril 1, 2012, total ta}{ 526 credits initially certified after ~pril 1, 2012, but not yet 527 a~i'arded, and total talE credits available for certification after 528 April 1, 2012, but not yet certified has been awarded for high 529 impact television series, then no high iFrtpact television series 530 is eligible for tan oredits under this subparagraph. TalE oredits 531 initially certified for a high impact television series after 532 April 1, 2012, may not be m.·arded if the mJard Hill oause the 533 percentage threshold in this sub subparagraph to be euoeeded. 534 This sub subparagraph does not prohibit the mmrd of tau oredits 535 certified before ~pril 1, 2012, for high iFApaet television 536 series. 537 b.~ The Subject to sub subparagraph b., first priority in 538 the queue for tax credit awards not yet certified shall be given 539 to high-impact television series and high-impact digital media 540 projects. For the purposes of determining priority between a 541 high-impact television series and a high-impact digital media 542 project, the first position must go to the first application 543 received. Thereafter, priority shall be determined by 544 alternating between a high-impact television series and a high- 545 impact digital media project on a first-come, first-served 546 basis. However, if the Office of Film and Entertainment receives Page 21 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 230 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 547 an application for a high-impact television series or high- 548 impact digital media project that would be certified but for the 549 alternating priority, the office may certify the project as 550 being in the priority position if an application that would 551 normally be the priority position is not received within 5 552 business days. 553 c. A qualified production in the general production queue 554 may receive a maximum of one of the additional tax credits 555 provided under this sub-subparagraph. However, a qualified 556 production in the general production queue may not receive a tax 557 credit under this sub-subparagraph that, when combined with all 558 tax credits received by the production under this section, would 559 equal more than 30 percent of its actual qualified expenses. 560 (I)~ An off-season certified production that is a feature 561 film, independent film, or television series or pilot is 562 eligible for an additional 5 percent tax credit on actual 563 qualified expenditures. An off-season certified production that 564 does not complete 75 percent of principal photography or 98 of 565 total production days, whichever is less, due to a disruption 566 caused by a hurricane or tropical storm may not be disqualified 567 from eligibility for the additional 5 percent credit as a result 568 of the disruption. 569 l!!l4. A qualified production for which at least 50 ~ 570 percent of its principal photography days occur within a county 571 region designated as an underused county underutilized region at 572 the time that the production is certified is eligible for an Page 22 of32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 231 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 573 additional 10-percent 5 percent tax credit on actual qualified 574 expenditures. 575 (III)~ A qualified production that employs students 576 enrolled full-time in a film and entertainment-related or 577 digital media-related course of study at an institution of 2014 578 higher education in this state is eligible for an additional 15- 579 percent 15 percent tax credit on qualified expenditures that are 580 wages, salaries, or other compensation paid to such students. 581 The additional 15-percent 15 percent tax credit is also 582 applicable to persons hired within 12 months after graduating 583 from a film and entertainment-related or digital media-related 584 course of study at an institution of higher education in this 585 state. The additional 15-pcrcent 15 pereent tax credit applies 586 to qualified expenditures that are wages, salaries, or other 587 compensation paid to such recent graduates for 1 year after the 588 date of hiring. 589 (IV)~ A qualified production for which 50 percent or more 590 of its principal photography occurs at a qualified production 591 facility, or a qualified digital media project or the digital 592 animation component of a qualified production for which 50 593 percent or more of the project's or component's qualified 594 expenditures arc related to a qualified digital media production 595 facility, is eligible for an additional 5-perccnt 5 percent tax 596 credit on actual qualified expenditures for production activity 597 at that facility. 598 d. A qualified production is eligible for an additional Page 23 of 32 CODING: Words striskeR are deletions; words underlined are additions. 232 hb0983-00 -------------- FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 599 10-percent tax credit on actual qualified expenditures if the 600 production earns a total of at least five points by successfully 601 completing two or more of the promotional activities under this 602 sub-subparagraph. A qualified production that receives an 603 additional tax credit under this sub-subparagraph must reapply 604 for the additional tax credit for each successive season. A 605 qualified production may receive: 606 (I) Two points for creating a "behind-the-scenes" video 607 focused on properties used in the making of the project that are 608 located in this state and open to the public. The video must 609 include commentary explaining why the locations were chosen and 610 a discussion about the positive elements of producing a project 611 in this state. The video must be at least 5 minutes in length, 612 must be included in all optical disk formats and downloads, and 613 must be provided to the Office of Film and Entertainment for 614 promotional purposes. A qualified production must provide proof 615 of inclusion in all optical disk formats and downloads before 616 receiving credit for two points under this sub-sub-subparagraph. 617 (II) Two points for creating a promotional video of at 618 least 30 seconds in length that references VISIT Florida or that 619 discusses places to visit in this state and reasons therefor. 620 The three top-billed actors involved with the project must 621 participate in the promotional video and must have speaking 622 roles. 623 (III) Two points for conducting at least 7 days of first- 624 unit photography in an underused county. Page 24 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 233 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 625 (IV) One point for conducting one or more consumer-based 626 contests in conjunction with the Office of Film and 627 Entertainment on visitflorida.com or filminflorida.com that 628 offer prizes, such as a set tour or a role as an extra. 2014 629 (V) Three points for the placement of the Film in Florida 630 logo in the production's opening titles. 631 (VI) One point for including the VISIT Florida logo in at 632 least one scene of the production. 633 (VII) One point for providing a minimum of ten pieces of 634 promotional merchandise autographed by top-billed actors to be 635 used in contests or giveaways. 636 (VIII) Three points for holding the world premiere 637 screening of the production in the county in this state in which 638 it was produced. At least two above-the-line actors and one 639 above-the line project executive must attend the premiere and 640 participate in a press conference with the Governor, local 641 officials, or a state legislator. 642 e. A digital media project that is a qualified production 643 is eligible for an additional 10-percent tax credit on actual 644 qualified expenditures if the project earns a total of at least 645 five points by successfully completing two or more of the 646 promotional activities under this sub-subparagraph. A digital 647 media project that is a qualified production may receive: 648 (I) Two points for creating a "behind-the-scenes" video 649 focused on the making of the digital media project in this state 650 that includes commentary discussing the positive elements of Page 25 of32 CODING: Words strisken are deletions; words underlined are additions. hb0983-00 234 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 651 producing a digital media project in this state. The video must 652 be accessible through the production company's website and must 653 be provided to Enterprise Florida, Inc., for promotional 654 purposes. 655 (II) Two points for creating a promotional video of at 656 least 30 seconds in length that references the benefits of 657 producing a digital media project in this state. At least three 658 members of the project team must participate as spokespersons in 659 the promotional video. 660 (III) One point for conducting one or more consumer-based 661 contests in conjunction with the Office of Film and 662 Entertainment on visitflorida.com or filminflorida.com that 663 offer opportunities to visit one or more of the sites in this 664 state where digital media projects are created. 665 (IV) Three points for the placement of a department logo 666 within the digital media project or in a digital advertisement 667 promoting the digital media project. 668 (V) One point for the placement of the VISIT Florida logo 669 within the digital media project or in a digital advertisement 670 promoting the digital media project. 671 (VI) One point for providing a minimum of ten pieces of 672 promotional merchandise to be used in contests or giveaways. 673 (VII) Three points for hosting a preview event for the 674 digital media project in the area in this state where the 675 project was produced. At least two senior project managers must 676 attend the preview event and participate in a press conference Page 26 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 235 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB983 2014 677 with the Governor, local officials, or a state legislator. 678 f. A certified theatrical or direct-to-video motion 679 picture production or video game determined by the Commissioner 680 of Film and Entertainment, with the advice of the Florida Film 681 and Entertainment Advisory Council, to be family-friendly, based 682 on review of the script and review of the final release version, 683 is eligible for an additional tax credit equal to 5 percent of 684 its actual qualified expenditures. A production may be 685 considered family-friendly if it has cross-generational appeal; 686 would be considered suitable for viewing by children age 5 or 687 older; is appropriate in theme, content, and language for a 688 broad family audience; portrays a responsible resolution of 689 issues; and does not exhibit or imply an act of smoking, sex, 690 nudity, or vulgar or profane language. 691 g. A qualified production is not eligible for tan credits 692 provided under this paragraph totaling more than 30 percent of 693 its actual qualified enpenoeo. 694 2. Commercial and music video queue.-Three percent of tax 695 credits authorized pursuant to subsection (6) in any state 696 fiscal year must be dedicated to the commercial and music video 697 queue. A qualified production company that produces national or 698 regional commercials or music videos that meet the following 699 criteria is eligible for tax credits equal to 20 percent of its 7 00 actual qualified expenditures, up to a maximum may be eligible 701 for a ta1r credit award if it deFRonstrates a minimum of $100,000 702 in qualified eJEpenditures per national or regional eofflfftercial or Page 27 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 236 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 703 FRusic video and enceedo a coFRbined threshold of $500,000 if it: 704 a. Demonstrates a minimum of $100,000 in qualified 705 expenditures per national or regional commercial or music video 706 and exceeds a combined threshold of $500,000 after combining 707 actual qualified expenditures from qualified commercials and 708 music videos during a single state fiscal year. 709 b. Meets the hiring requirements in subparagraph (1) (j) 1. 710 c. Satisfies all other requirements in this section after 711 coFRbining actual qualified enpenditures froFR qualified 712 ooFRHl:ercials and FRusic videos during a single state fisoal year. 713 After a qualified production coFRpany that produces coFRHl:ercialo, 714 FRusic videos, or both reaches the threshold of ~§00,000, it is 715 eligible to apply for oertifioation for a taif credit award. The 716 FRmfiFRUFR credit aHard shall be equal to 20 percent of its actual 717 qualified expenditures up to a FRaxiFRum of $500,000. 718 719 If there is a surplus at the end of a fiscal year after the 720 Office of Film and Entertainment certifies and determines the 721 tax credits for all qualified commercial and video projects, 722 such surplus tax credits shall be carried forward to the 723 following fiscal year and are available to any eligible 724 qualified productions under the general production queue. 725 3.a. Independent and emerging media production queue.- 726 Three percent of tax credits authorized pursuant to subsection 727 (6) in any state fiscal year must be dedicated to the 728 independent and emerging media production queue. This queue is Page 28 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 237 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 729 intended to encourage independent film and emerging media 730 production in this state. Any qualified production, excluding 731 commercials, infomercials, or music videos, that meets the 2014 732 following criteria which demonstrates at least $100,000, but not 733 more than $625,000, in total qualified expenditures is eligible 734 for tax credits equal to 20 percent of its actual qualified 735 expenditures if it: 736 (I) Demonstrates at least $100,000, but not more than 737 $625,000, in total qualified expenditures. 738 (II) Meets the hiring requirements in subparagraph 739 (1) (j)l. 740 (III) Submits the documentation and proof of financing 741 required under paragraph (3} (b). 742 (IV) Satisfies all other requirements in this section. 743 744 If a surplus exists at the end of a fiscal year after the Office 745 of Film and Entertainment certifies and determines the tax 746 credits for all qualified independent and emerging media 747 production projects, such surplus tax credits shall be carried 748 forward to the following fiscal year and are available to any 749 eligible qualified productions under the general production 7 50 queue. 751 b. A qualified production in the independent and emerging 752 media production queue may receive a maximum of one of the 753 additional tax credits provided under this sub-subparagraph. 754 However, a qualified production in the independent and emerging Page 29 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 238 F L 0 R D A H 0 U S E 0 F REPRESENTATIVES HB 983 755 media production queue may not receive a tax credit under this 756 sub-subparagraph that, when combined with all tax credits 2014 757 received by the production under this section, would equal more 758 than 30 percent of its actual qualified expenses. 759 (I) An off-season certified production that is a feature 760 film, independent film, or television series or pilot is 761 eligible for an additional 5-percent tax credit on actual 762 qualified expenditures. An off-season certified production that 763 does not complete either 75 percent of principal photography or 764 98 total production days from June 1 through November 30 due to 765 a disruption caused by a hurricane or tropical storm may not be 766 disqualified from eligibility for the additional 5-percent 767 credit as a result of the disruption. 768 ll!l4. Family friendly productions. A certified theatrical 769 or direct-to-video motion picture production or video game 770 determined by the Commissioner of Film and Entertainment, with 771 the advice of the Florida Film and Entertainment Advisory 772 Council, to be family-friendly, based on review of the script 773 and review of the final release version, is eligible for an 774 additional tax credit equal to 5 percent of its actual qualified 775 expenditures. A production may be considered family-friendly if 776 it has produotiono are those that have cross-generational 777 appeal; would be considered suitable for viewing by children age 778 5 or older; is are appropriate in theme, content, and language 779 for a broad family audience; portrays embody a responsible 780 resolution of issues; and does ee not exhibit or imply an any Page 30 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 239 FLORIDA H 0 U S E 0 F R E P R E S E N T A T I V E S HB 983 781 act of smoking, sex, nudity, or vulgar or profane language. 782 (7) ANNUAL ALLOCATION OF TAX CREDITS.- 783 (a) The aggregate amount of the tax credits that may be 784 certified pursuant to paragraph (3) (d) may not exceed: 785 786 1. For fiscal year 2010-2011, $53.5 million. 2. For fiscal year 2011-2012, $74.5 million. 787 3. For fiscal years 2012-2013 and7 2013-2014, 2014 2015, 788 and 2015 2016, $42 million per fiscal year. 2014 789 4. For fiscal years 2014-2015, 2015-2016, 2016-2017, 2017- 790 2018, 2018-2019, and 2019-2020, $200 million per fiscal year. 791 (c) Upon approval of the final tax credit award amount 7 92 pursuant to subparagraph ( 3) (g) 2. ( 3) (f) 2. , an amount equal to 793 the difference between the maximum tax credit award amount 794 previously certified under paragraph (3) (d) and the approved 795 final tax credit award amount shall immediately be available for 796 recertification during the current and following fiscal years in 797 addition to the amounts available for certification under 798 paragraph (a) for those fiscal years. 799 (11) REPEAL.-This section is repealed July 1, 2020 ~, 800 except that: 801 (a) Tax credits certified under paragraph (3) (d) before 802 July 1, 2020 ~~ may be awarded under paragraph (3) (g) (3) (f) 803 on or after July 1, 2020 ~, if the other requirements of this 804 section are met. 805 (b) Tax credits carried forward under paragraph ( 4) (e) 806 remain valid for the period specified. Page 31 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0983-00 240 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB 983 2014 807 (c) Subsections (5), (8)L and (9) shall remain in effect 808 until July 1, 2025 ~- 809 Section 2. This act shall take effect July 1, 2014. Page 32 of 32 CODING: Words strioken are deletions; words underlined are additions. hb0983-00 241 THIS PAGE INTENTIONALLY LEFT BLANK 242 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee Establishing Criteria For Special Event Fee Waiver Requests Considered By The Mayor And City Commission. Key Intended Outcome Supported: Increase community satisfaction with City government and Improve the City's overall financial health and maintain overall bond rating. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City often receives requests for waiver of special event related fees, but these requests were considered absent of established criteria. On September 11, 2013, the City Commission referred a special event fee waiver request from Miami Beach Gay Pride to the Finance and Citywide Projects Committee (FCWPC). At the time of the referral the Administration was also directed to develop criteria for future fee waivers. The criteria are detailed in the attached memorandum. The FCWPC recommended the City Commission adopt these criteria for future special event fee waiver requests and specifically stated that events must meet 2 or more of the criteria in Section 2, as well as all of Sections 1 and 3 to be considered for a waiver. Board Recommendation: The Finance and Citywide Projects Committee recommended in favor of the waiver at their January 30, 2014 meetin . Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: j Max Sklar Si MIAMI BEACH Account 243 Approved AGENDA ITEM c 7 H DATE 3-):..J(/ (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www. miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYOR :AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE ESTABLISHING CRITERIA FOR SPECIAL EVENT FEE WAIVER REQUESTS CONSIDERED BY THE MAYOR AND CITY COMMISSION. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the special event fee waiver criteria as recommended by the Finance and Citywide Projects Committee. BACKGROUND The City often received requests for waiver of special event related fees, but these requests were considered absent of established criteria. On September 11, 2013, the City Commission referred a special event fee waiver request from Miami Beach Gay Pride to the Finance and Citywide Projects Committee (FCWPC). At the time of the referral the Administration was also directed to develop criteria for future fee waivers. The following criteria have been developed and were considered by the FCWPC at their January 30, 2014 meeting. 1. Type of Event a. The event must be produced by a 501 (c)3 non-profit organization that provides direct services to the community. b. All proceeds from the event must be received by the 501 (c)3 non-profit organization producing the event. c. The event must be open to the general public. d. The event must be within one of the City's target categories (i.e. Design and Architecture; Film and Fashion; LGBT; Wine and Food). 2. Economic Impact and Promotional Value to the City (must meet 2 or more} a. Significant Impact-events that have a track record or a demonstrable potential to provide a significant national and/or international return for Miami Beach in regard to publicity and visitorship. b. Television Coverage -events with confirmed television coverage and viewership from a major network or cable provider. c. Hotel Room Nights -events with confirmed hotel room nights in Miami Beach with 500 room nights or greater. 244 City Commission Memorandum Special Event Fee Waiver Criteria March 5, 2014 Page 2 d. Development Areas -events which occur during holidays; programs which help expand the positive impact of tourism into under-utilized areas. 3. Other a. The entity producing the event must be in good standing with the City and be current on all debts. The FCWPC recommended the City Commission adopt these criteria for future special event fee waiver requests and specifically stated that events must meet 2 or more of the criteria in Section 2, as well as all of Sections 1 and 3 to be considered for a waiver. CONCLUSION The Administration recommends adopting the special event fee waiver criteria as recommended by the Finance and Citywide Projects Committee. JLM/K~S T:\AGENDA\2014\March\Special Event Fee Waiver Criteria Memo.docx 245 and RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND ESTABLISHING CRITERIA FOR SPECIAL EVENT FEE WAIVER REQUESTS CONSIDERED BY THE MAYOR AND CITY COMMISSION. WHEREAS, the City often receives requests for the waiver of special event related fees; WHEREAS, on September 11, 2013, the City Commission directed the Administration to develop criteria for future fee waiver requests and referred the matter to the Finance and Citywide Projects Committee (FCWPC) for its consideration; and WHEREAS, the following criteria have been developed and were considered by the FCWPC at its January 30, 2014 meeting: 1. Type of Event a. The event must be produced by a 501 (c)3 non-profit organization that provides direct services to the community. b. All proceeds from the event must be received by the 501 (c)3 non- profit organization producing the event c. The event must be open to the general public. d. The event must be within one of the City's target categories (i.e., Design and Architecture; Film and Fashion; LGBT; Wine and Food). 2. Economic Impact and Promotional Value to the City (must meet 2 or more) a. Significant Impact -events that have a track record or a demonstrable potential to provide a significant national and/or international return for Miami Beach in regard to publicity and visitorship. b. Television Coverage -events with confirmed television coverage and viewership from a major network or cable provider. c. Hotel Room Nights -events with confirmed hotel room nights in Miami Beach with 500 room nights or greater. d. Development Areas -events which occur during holidays; programs which help expand the positive impact of tourism into under-utilized areas. 3. Other a. The entity producing the event must be in good standing with the City and be current on all debts; and WHEREAS, the FCWPC has recommended that the City Commission adopt these criteria for future special event fee waiver requests and specifically stated that events must meet 246 2 or more of the criteria in Section 2, as well as all of Sections 1 and 3 to be considered for a waiver. NOWJ THEREFORE. BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee and establish the criteria set forth herein for special event fee waiver requests considered by the Mayor and City Commission. PASSED AND ADOPTED this 5th day of March, 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK f,_ ~, ' r . J T:\AGENDA\2014\March\Special Event Fee Waiver Criteria Reso.docx 247 THIS PAGE INTENTIONALLY LEFT BLANK 248 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee Retroactive! Waivin Additional Block Pa Fees For Miami Beach Ga Pride 2013. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: In 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee. One of the first initiatives of this Ad Hoc Committee was to establish Miami Beach Gay Pride. In 2009, the Committee celebrated the inaugural Miami Beach Gay Pride event and they have successfully produced the event for three (3) consecutive years. The City does not provide waivers to any entity for hard costs (police and fire personnel, parking or sanitation), and cannot waive building fees by State law. It should be also noted that approximately ten ( 1 0) years ago, fee waivers for special events were reduced significantly because most non-profits were receiving waivers for a majority of their special event permit related fees. Since that time, all new events produced by a non-profit could only receive a waiver of their Application and Permit fees; all other fees are required to be paid. As a result, Miami Beach Gay Pride has been required to pay for all special event permit fees except for the Application and Permit fees. On March 12, 2012, the City Commission adopted Resolution No. 2012-27865 waiving the Lummus Park User Fee and Square Footage Fee for Gay Pride 2012 event. On March 21, 2013, The FCWPC discussed waiving these fees again for the 2013 event. On April17, 2013, the City Commission adopted Resolution No. 2013-28179, as recommended by the FCWPC, waiving the Square Footage Fee ($5, 130.65) and the Lummus Park User Fee ($3,476. 70) for Miami Beach Gay Pride 2013. This fee waiver was specifically for activities which took place on Ocean Drive and did not include Block Party that took place at Mova. Commissioner Gongora at the September 11, 2013 City Commission Meeting referred the balance of outstanding fees for the Mova Block Party to the FCWPC for consideration. The total outstanding fees are $827.60, which include $292.11 (Square footage) and $535.49 (Lincoln Road User Fee). The FCWPC met on January 30, 2014 and recommended in favor of the additional fee waiver. The Committee also recommended the City Commission adopt criteria to be used for future fee waivers. Miami Beach Pride meets all of the criteria in Section1 and 3, and meets 3 of the 4 criteria in Section 2. Adviso Board Recommendation: The Finance and Citywide Projects Committee recommended in favor of the waiver at their January 30, 2014 meetin . Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The total outstanding fees are $827.60, which include $292.11 (Square footage) and $535.49 (Lincoln Road User Fee). City Clerk's Office Legislative Tracking: j Max Sklar MIAMI BEACH 249 AGENDA ITEM C. 7 I DATE 3 .... )-/lf ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE RETORACTIVELY WAIVING ADDITIONAL BLOCK PARTY FEES FOR MIAMI BEACH GAY PRIDE 2013. ADMINISTRATION RECOMMENDATION As directed by the Finance and Citywide Projects Committee {FCWPC), the Administration recommends the additional waiver of $827.60 for Miami Beach Gay Pride 2013. BACKGROUND In 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee. One of the first initiatives of this Ad Hoc Committee was to establish Miami Beach Gay Pride. In 2009, the Committee celebrated the inaugural Miami Beach Gay Pride event and they have successfully produced the event for three (3) consecutive years. The City does not provide waivers to any entity for hard costs (police and fire personnel, parking or sanitation), and cannot waive building fees by State law. It should be also noted that approximately ten (10) years ago, fee waivers for special events were reduced significantly because most non-profits were receiving waivers for a majority of their special event permit related fees. Since that time, all new events produced by a non-profit could only receive a waiver of their Application and Permit fees; all other fees are required to be paid. As a result, Miami Beach Gay Pride has been required to pay for all special event permit fees except for the Application and Permit fees. On March 12, 2012, the City Commission adopted Resolution No. 2012-27865 waiving the Lummus Park User Fee and Square Footage Fee for Gay Pride 2012 event. On March 21, 2013, The FCWPC discussed waiving these fees again for the 2013 event. The Committee recommended in favor of waiving the Square Footage and Lummus Park User fees for Gay Pride 2013. Based on prior years the Square Footage Fee is estimated to be $5,130.65 and the Lummus Park User Fee is estimated to be $3,476.70, totaling an estimated $8,607.35. On April 17, 2013, the City Commission adopted Resolution No. 2013-28179, as recommended by the FCWPC, waiving the Square Footage Fee ($5, 130.65) and the Lummus Park User Fee ($3,476.70) for Miami Beach Gay Pride 2013. This fee waiver was specifically for activities which took place on Ocean Drive and did not include Block Party that took place at Mova. Commissioner Gongora at the September 11, 2013 City Commission Meeting referred the balance of outstanding fees for the Mova Block Party to the FCWPC for consideration. The total outstanding fees are $827.60, which include $292.11 (Square footage) and $535.49 (Lincoln Road User Fee). 250 City Commission Memorandum Gay Pride 2013 Additional Fee Waivers March 5, 2014 Page2 The FCWPC met on January 30, 2014 and recommended in favor of the additional fee waiver. The Committee also recommended the City Commission adopt criteria to be used for future fee waivers. There is a separate item on the City Commission agenda that pertains to the recommended fee waiver criteria. CRITERIA FOR FEE WAIVERS The following criteria were recommended by the FCWPC and are being used as a basis for the fee waiver recommendation. 1. Type of Event a. The event must be produced by a 501 (c}3 non-profit organization that provides direct services to the community. b. All proceeds from the event must be received by the 501 (c}3 non-profit organization producing the event. c. The event must be open to the general public. d. The event must be within one of the City's target categories (i.e. Design and Architecture; Film and Fashion; LGBT; Wine and Food}. 2. Economic Impact and Promotional Value to the City (must meet 2 or more) a. Significant Impact -events that have a track record or a demonstrable potential to provide a significant national and/or international return for Miami Beach in regard to publicity and visitorship. b. Television Coverage -events with confirmed television coverage and viewership from a major network or cable provider. c. Hotel Room Nights -events with confirmed hotel room nights in Miami Beach with 500 room nights or greater. d. Development Areas -events which occur during holidays; programs which help expand the positive impact of tourism into under-utilized areas. 3. Other a. The entity producing the event must be in good standing with the City and be current on all debts. Miami Beach Pride meets all of the criteria in Section1 and 3, and meets 3 of the 4 criteria in Section 2. CONCLUSION Base~the recommendation of the Finance and Citywide Projects Committee and afore · ned fee waiver criteria, the Administration recommends in favor of the waiver. JLM/K /MAS the I T:IAGENDA\2014\March\Gay Pride Fee Waiver Reso Memo doc (4).dOCX 251 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND RETORACTIVEL Y WAIVING ADDITIONAL BLOCK PARTY FEES IN THE AMOUNT OF $827.60 FOR MIAMI BEACH GAY PRIDE 2013. WHEREAS, in 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee (now the Gay Business Enhancement Committee) whose first initiative was the creation of the event known as Miami Beach Gay Pride; and WHEREAS, Miami Beach Gay Pride a not-for-profit organization that produces free, safe, quality mass-appeal events that are open to all, and that include the Gay Pride Parade, Festival, Expo, and other adjunct, officially sanctioned Miami Beach Gay Pride events; and WHEREAS, Miami Beach Gay Pride has produced three (3) successful years of events that have generated hotel room nights in Miami Beach; and WHEREAS, on April 17, 2013, the City Commission adopted Resolution No. 2013- 28179, as recommended by the Finance and Citywide Projects Committee (FCWPC), waiving the Square Footage Fee ($5, 130.65) and the Lummus Park User Fee ($3,476. 70) for Miami Beach Gay Pride 2013; and WHEREAS, the fee waiver was specifically for activities which took place on Ocean Drive and did not include the Block Party that took place at Mova; and WHEREAS, the FCWPC met on January 30, 2014 and recommended in favor of the additional fee waiver totaling $827.60, which include $292.11 (Square footage) and $535.49 (Lincoln Road User Fee). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee and retroactively waive the additional block party fees for Miami Beach Gay Pride 2013 in the total amount of $827.60. PASSED AND ADOPTED this 5th day of March, 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK T:\AGENDA\2014\March\Gay Pride Waiver 2013 RESO (3).doc 252 APPROVED AS TO FORM & LANGUAGE & FOti E ECUTION COMMISSION ITEM SUMMARY Condensed Title: I A Resolution Waiving Special Event Fees Of Approximately $17,000 For Miami Beach Gay Pride 2014. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: In 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee. One of the first initiatives of this Ad Hoc Committee was to establish Miami Beach Gay Pride. In 2009, the Committee celebrated the inaugural Miami Beach Gay Pride event and they have successfully produced the event for three (3) consecutive years. The City does not provide waivers to any entity for hard costs (police and fire personnel, parking or sanitation), and cannot waive building fees by State law. It should be also noted that approximately ten ( 1 0) years ago, fee waivers for special events were reduced significantly because most non-profits were receiving waivers for a majority of their special event permit related fees. Since that time, all new events produced by a non-profit could only receive a waiver of their Application and Permit fees; all other fees are required to be paid. As a result, Miami Beach Gay Pride has been required to pay for all special event permit fees except for the Application and Permit fees. On March 12, 2012, the City Commission adopted Resolution No. 2012-27865 waiving the Lummus Park User Fee and Square Footage Fee for Gay Pride 2012 event. On April17, 2013, the City Commission adopted Resolution No. 2013-28179, as recommended by the FCWPC, waiving the fees for Miami Beach Gay Pride 2013. The FCWPC met on January 30, 2014 and recommended in favor of the additional fee waiver for the Mova Block Party which is being presented as a separate item on this agenda. The City also received the attached (Exhibit 1) letter from Miami Beach Gay Pride requesting waiver of special event fees for their 2014 Pride events. The special event fees for Gay Pride 2014 are anticipated to be approximately $17,000. Following criteria recommended by the FCWPC, Miami Beach Pride meets all of the criteria in Section1 and 3, and meets 3 of the 4 criteria in Section 2. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The special event fees for Gay Pride 2014 are estimated at $17,000. City Clerk's Office Legislative Tracking: 1 Max Sklar Si MIAMI BEACH 253 AGENDA ITEM DATE ------------------------ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Co FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING SPECIAL EVENT FEES OF APPROXIMATELY $17,000 FOR MIAMI BEACH GAY PRIDE 2014. ADMINISTRATION RECOMMENDATION Based on prior waivers granted by the City Commission, the Administration recommends the Mayor and City Commission waive special event related fees of approximately $17,000 for Miami Beach Gay Pride 2014. BACKGROUND In 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee. One of the first initiatives of this Ad Hoc Committee was to establish Miami Beach Gay Pride. In 2009, the Committee celebrated the inaugural Miami Beach Gay Pride event and they have successfully produced the event for three (3) consecutive years. The City does not provide waivers to any entity for hard costs (police and fire personnel, parking or sanitation}, and cannot waive building fees by State law. It should be also noted that approximately ten (1 0) years ago, fee waivers for special events were reduced significantly because most non-profits were receiving waivers for a majority of their special event permit related fees. Since that time, all new events produced by a non-profit could only receive a waiver of their Application and Permit fees; all other fees are required to be paid. As a result, Miami Beach Gay Pride has been required to pay for all special event permit fees except for the Application and Permit fees. On March 12, 2012, the City Commission adopted Resolution No. 2012-27865 waiving the Lummus Park User Fee and Square Footage Fee for Gay Pride 2012 event. On March 21, 2013, The FCWPC discussed waiving these fees again for the 2013 event. The Committee recommended in favor of waiving the Square Footage and Lummus Park User fees for Gay Pride 2013. Based on prior years the Square Footage Fee is estimated to be $5,130.65 and the Lummus Park User Fee is estimated to be $3,476.70, totaling an estimated $8,607.35. On April 17, 2013, the City Commission adopted Resolution No. 2013-28179, as recommended by the FCWPC, waiving the Square Footage Fee ($5, 130.65) and the Lummus Park User Fee ($3,476.70) for Miami Beach Gay Pride 2013. This fee waiver was specifically for activities which took place on Ocean Drive and did not include Block Party that took place at Mova. Commissioner Gongora at the September 11, 2013 City Commission Meeting referred the balance of outstanding fees for the Mova Block Party to the FCWPC for consideration. The total outstanding fees are $827.60, which include $292.11 (Square footage) and $535.49 (Lincoln Road User Fee). The FCWPC met on January 30, 2014 and recommended in favor of the additional fee waiver for the Mova Block Party. 254 City Commission Memorandum Gay Pride 2014 Fee Waivers March 5, 2014 Page 2 The City also received the attached (Exhibit 1) letter from Miami Beach Gay Pride requesting waiver of special event fees for their 2014 Pride events. Below is an estimate of the anticipated special event fees for Gay Pride 2014. 500.00 Special Event fee 750.00 Special Event fee 3,000.00 Special Event fee aprox 4,795.00 Special Event fee aprox 5,130.88 Special Event fee aprox 292.11 Special Event fee aprox 535.49 Special Event fee aprox 1,500.00 Police Fee 250.00 Fire Fee ESTIMATE BASED ON PRIOR YEAR EVENTS Application Fee Permit Fee Vehicle Beach Access Square Footage Fee (Lummus Park) Lummus Park User Fee Square Footage Fee (Lincoln Road) Lincoln Road User Fee Police Admin Fees Fire Admin Fees TOTAL FEE WAIVERS $16,753.48 The following criteria were recommended by the FCWPC and are being used as a basis for the fee waiver recommendation. 1. Type of Event a. The event must be produced by a 501 (c}3 non-profit organization that provides direct services to the community. b. All proceeds from the event must be received by the 501 (c}3 non-profit organization producing the event. c. The event must be open to the general public. d. The event must be within one of the City's target categories (i.e. Design and Architecture; Film and Fashion; LGBT; Wine and Food). 2. Economic Impact and Promotional Value to the City (must meet 2 or more) a. Significant Impact -events that have a track record or a demonstrable potential to provide a significant national and/or international return for Miami Beach in regard to publicity and visitorship. b. Television Coverage -events with confirmed television coverage and viewership from a major network or cable provider. c. Hotel Room Nights -events with confirmed hotel room nights in Miami Beach with 500 room nights or greater. d. Development Areas -events which occur during holidays; programs which help expand the positive impact of tourism into under-utilized areas. 3. Other a. The entity producing the event must be in good standing with the City and be current on all debts. Miami Beach Pride meets all of the criteria in Section1 and 3, and meets 3 of the 4 criteria in Section 2. 255 City Commission Memorandum Gay Pride 2014 Fee Waivers March 5, 2014 CONCLUSION Page3 Based on prior waivers granted by the City Commission, the Administration recommends the Mayor and City Commission waive special event related fees of approximately $17,000 for Miami~ch Gay Pride 2014. JLM/~MAS T:\AGENDA\2014\March\Gay Pride Fee Waiver 2014 Memo.docx 256 January 29, 2014 Jimmy L. Morales, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Mr. Morales, 1130 Washington Avenue. First Floor North Miami Beach, FL 331 39 305.319.2693 April 11-13, 2014 Fiscal Agent -The Miami Foundation, Inc. #65-0350357 On behalf of the Board of Directors of Miami Beach Gay Pride, we respectfully request the Special Events fees be waived for Miami Beach Gay Pride which will take place from April 8 to April14, 2014. To be specific, the fees for Lummus Park for all days, and our Kick-Off Block Party at MOVA on Friday, April11, 2014. Miami Beach Gay Pride brings together members of the LGBT community, their friends, allies, and supporters in celebration ofthe unique spirit and culture of the LGBT Miami Beach Community. 2014 will be Pride's sixth annual installment. In its first year, Miami Beach Gay Pride played host to nearly 15,000 attendees and has grown in 2013 to over 75,000 attendees. Established by Miami Beach Mayor Matti Bower, as an initative of the Miami Beach Gay Business Development, now LGBT Business Enhancement Committee, Miami Beach Gay Pride, lnc., is a not-for-profit organization that produces free, safe, quality mass-appeal events that are open to all, including the Parade, Two-Day Festival, Expo and additional, officially sanctioned Miami Beach Gay Pride events. Thank you for your consdieration in this matter. Ivan (j Cano Ivan Cano Festial Director 257 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING SPECIAL EVENT FEES OF APPROXIMATELY $17,000 FOR MIAMI BEACH GAY PRIDE 2014. WHEREAS, in 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee (now the Gay Business Enhancement Committee) whose first initiative was the creation of the event known as Miami Beach Gay Pride; and WHEREAS, Miami Beach Gay Pride a not-for-profit organization that produces free, safe, quality mass-appeal events that are open to all, and that include the Gay Pride Parade, Festival, Expo, and other adjunct, officially sanctioned Miami Beach Gay Pride events; and WHEREAS, Miami Beach Gay Pride has produced four (4) successful years of events that have generated hotel room nights in Miami Beach; and WHEREAS, on April 17, 2013, the City Commission adopted Resolution No. 2013- 28179, waiving special event fees for Miami Beach Gay Pride 2013; and WHEREAS, the FCWPC met on January 30, 2014 and recommended in favor of an additional fee waiver in the amount of $827.60, which includes $292.11 (Square footage) and $535.49 (lincoln Road User Fee) for Miami Beach Gay Pride 2013; and WHEREAS, Miami Beach Gay Pride has requested that the City consider waiving special event fees for its 2014 event; and WHEREAS, based on prior waivers granted by the City Commission, the Administration recommends that the Mayor and City Commission waive special event related fees of approximately $17,000 for Miami Beach Gay Pride 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 the special event fees of approximately $17,000 for Miami Beach Gay Pride 2014. PASSED AND ADOPTED this 5th day of March, 2014. Attest: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK T:\AGENDA\2014\March\Gay Pride Waiver 2014 RESO.doc 258 COMMISSION ITEM SUMMARY Condensed Title: A Resolution appointing the Mayor as Chair and the Vice Mayor as Vice Chair of the Miami Beach Redevelo ment A enc Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: Section 163.356(3)a of the Florida Statutes requires the governing body of the municipality which creates a redevelopment agency {in the case of Miami Beach this would be the City Commission) shall designate a chair and vice chair from among the redevelopment agency (RDA) board members. ,A review of City Commission past actions has not uncovered a resolution making any such appointments in recent years, but instead, the City appears to have assumed by the dual nature of the Commission-RDA Board, that the Mayor is the Chair of the RDA and the Vice Mayor being the Vice Chair. Reviews of redevelopment agencies by the State have not upheld this assumption in other locales and findings in audits and other reviews have cited the lack of such appointment. The resolution put forth will insure that installation as Mayor will be considered appointment as the Chair of the RDA and installation as Vice Mayor shall be an appointment as the Vice Chair of the RDA The Administration recommends approving the resolution to satisfy the statutory requirement for the City Commission to make appointments of the Chair and Vice Chair to the RDA and preserving the leadership integrity of the Mayor serving as Chair and the Vice Mayor serving as Vice Chair, while not necessitating a new appointment each time there is a change in the individual holding the Mayor or Vice Mayor position. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 c 2 3 4 OBPI Total Financial Impact Summary: There is no financial impact to this item. Ci Clerk's Office Le islative Trackin Si irector Assistant City Manager MIAMI BEACH 259 Approved AGENDA ITEM _C._7=J(__,___ DATE 2--r-'/f./ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPO TING THE MAYOR AS THE CHAIR OF THE MIAMI BEACH REDEVELOPMENT AGENCY AND THE VICE MAYOR AS THE VICE CHAIR OF THE MIAMI BEACH REDEVELOPMENT AGENCY. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the resolution to fully adhere to State Statutes regarding leadership of the RDA. BACKGROUND Section 163.356(3)a of the Florida Statutes requires the governing body of the municipality which creates a redevelopment agency (in the case of Miami Beach this would be the City Commission) shall designate a chair and vice chair from among the redevelopment agency (RDA) board members. A review of City Commission past actions has not uncovered a resolution making any such appointments in recent years, but instead, the City appears to have assumed by the dual nature of the Commission-RDA Board, that the Mayor is the Chair of the RDA and the Vice Mayor being the Vice Chair. Reviews of redevelopment agencies by the State have not upheld this assumption in other locales and findings in audits and other reviews have cited the lack of such appointment. The resolution put forth will insure that installation as Mayor will be considered appointment as the Chair of the RDA and installation as Vice Mayor shall be an appointment as the Vice Chair of the RDA. This resolution will satisfy the statutory requirement for the City Commission to make appointments of the Chair and Vice Chair to the RDA. Additionally, the resolution will follow custom of the Mayor serving as Chair and the Vice Mayor serving as Vice Chair, while not necessitating a new appointment each time there is a change in the individual holding the Mayor or Vice Mayor position. CONCLUSION The Administration recommends the Mayor and City Commission approve the resolution to satisfy ntutory requirements to appoint the RDA Chair and Vice Chair. JLM/K~MAS/JO T:\AGENDA\2014\March\RDA Chair-Vice Chair appointment 2014 Memo.docx 260 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DESIGNATING THE MAYOR AS THE CHAIR OF THE MIAMI BEACH REDEVELOPMENT AGENCY AND THE VICE-MAYOR AS THE VICE CHAIR OF THE MIAMI BEACH REDEVELOPMENTAGENC~ WHEREAS, Section 163.356(3)(c) of the Florida Statutes requires the governing body of a municipality that creates a community redevelopment agency to designate a chair and vice chair of the community redevelopment agency; and WHEREAS, the City Commission of the City of Miami Beach acting as the governing body of the City of Miami Beach has created a community redevelopment agency known as the Miami Beach Redevelopment Agency; and WHEREAS, the City Commission of the City of Miami Beach also serves as the Board of Commissioners of the Miami Beach Redevelopment Agency; and WHEREAS, the City Commission wishes to preserve the leadership, integrity, and customs of the City Commission in the administering of the Miami Beach Community Redevelopment Agency; and WHEREAS, the City Commission wishes to minimize disruption and eliminate the need to designate a Chair and Vice Chair of the Miami Beach Redevelopment Agency each time there is a change in the individual holding the position of Mayor or Vice Mayor of the City; and WHEREAS, the City Commission believes that the leadership, integrity, and customs of the City Commission will be maintained by designating the Mayor as the Chair of the Miami Beach Redevelopment Agency and the Vice-Mayor as the Vice Chair of the Miami Beach Redevelopment Agency who shall assume their Chair and Vice Chair designations upon the installation of a newly elected or appointed individual to the position of Mayor or Vice-Mayor on the City Commission. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor of the City of Miami Beach, upon installation as a newly elected or appointed individual to that position, is designated as the Chair of the Miami Beach Redevelopment Agency and the Vice-Mayor of the City of Miami Beach, upon appointment to the position of Vice-Mayor, is designated as the Vice Chair of the Miami Beach Redevelopment Agency. PASSED AND ADOPTED this 51h day of March, 2014. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK ( 261 THIS PAGE INTENTIONALLY LEFT BLANK 262 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Consenting To A Settlement Of A Personal Injury Claim Filed By Lorraine Simkowitz Against The City Of Miami Beach, And Paying $120,000.00 From The City's Risk Management Fund Pursuant To Florida Statute §768.28; And Further Authorizing The Execution By The Office Of Risk Management Of Any And All Settlement Documents. Key Intended Outcome Supported: Ensure expenditure trends are sustainable over the long term. Item Summary/Recommendation: Pursuant to Resolution No. 90-19982, the City Manager and the City Attorney or their respective designees are authorized to settle claims up to an amount of $100,000 per claim against the City of Miami Beach Self Insurance Fund. All settlements in excess of $100,000 require Commission approval. On May 30, 2013, Lorraine Simkowitz, a 90-year old resident was taking her daily walk in her neighborhood, and tripped and fell due to an uneven sidewalk at/between 835-845 Fairway Drive, Miami Beach. There is a witness that has provided a sworn statement confirming the version of events of Ms. Simkowitz. Following the accident, Ms. Simkowitz had two unsuccessful surgeries to try to repair the intraocular implant and ruptured globe. Consequently, she was caused to suffer a severe and debilitating injury, including the loss of sight in her left eye. Ms. Simkowitz's medical expenses exceed $32,000. Ms. Simkowitz retained Attorney David S. Wieder to represent her in resolving this matter with the City of Miami Beach, and pursuant to Florida Statute §768.28, filed a claim on July 8, 2013. Currently, the cap to resolve tort claims is $200,000 per person/$300,000 per incident (effective October 1, 2011 ). After lengthy negotiations between Risk Management, the City Attorney's Office and the Claimant's attorney, the City reached a settlement. Subject to the terms of the Settlement Agreement, the claimant and the City, without admission of liability, have agreed to resolve any and all claims and disputes by and between them, for which the City will pay $120,000. It is recommended that the City Commission adopt the proposed resolution. Advisory Board Recommendation: Financial Information· Amount Source of FY201312014 $120,000 Funds: 1 @ FY2014/2015 N/A 2 tt FY2015/2016 N/A 3 OBPI Total $120,000 Financial Impact Summary: Paid from the Risk Fund Account #540-1792-000-332 City Clerk's Office Legislative Tracking: Sylvia Crespo-Tabak, Human Resources Director T:\AGENDA\2014\March\Simkowitz Settlement Summary.docx MIAMI BEACH 263 C7L AGENDA ITEM ----..T""'''-..rr-- DATE 3-S"-/9 COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the FROM: Jimmy L. Morales, City Manager Jose Smith, City Attorney DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF A PERSONAL INJURY CLAIM FILED BY LORRAINE SIMKOWITZ AGAINST THE CITY OF MIAMI BEACH, AND PAYING $120,000.00 FROM THE CITY'S RISK MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE §768.28; AND FURTHER AUTHORIZING THE EXECUTION BY THE OFFICE OF RISK MANAGEMENT OF ANY AND ALL SETTLEMENT DOCUMENTS. ADMINISTRATION RECOMMENDATION Consent to the settlement BACKGROUND Pursuant to Resolution No. 90-19982, the City Manager and the City Attorney or their respective designees are authorized to settle claims up to an amount of $100,000 per claim against the City of Miami Beach Self Insurance Fund. All settlements in excess of $100,000 require Commission approval. On May 30, 2013, Lorraine Simkowitz, a 90-year old resident was taking her daily walk in her neighborhood, and tripped and fell due to an uneven sidewalk at/between 835-845 Fairway Drive, Miami Beach. There is a witness that has provided a sworn statement confirming the version of events of Ms. Simkowitz. Following the accident, Ms. Simkowitz had two unsuccessful surgeries to try to repair the intraocular implant and ruptured globe. Consequently, she was caused to suffer a severe and debilitating injury, including the loss of sight in her left eye. Ms. Simkowitz's medical expenses exceed $32,000. Ms. Simkowitz retained Attorney DavidS. Wieder to represent her in resolving this matter with the City of Miami Beach, and pursuant to Florida Statute §768.28, filed a claim on July 8, 2013. Currently, the cap to resolve tort claims is $200,000 per person/$300,000 per incident (effective October 1, 2011). After lengthy negotiations between Risk Management, the City Attorney's Office and the Claimant's attorney, the City reached a settlement Subject to the terms of the Settlement Agreement, the claimant and the City, without admission of ![ability, have agreed to resolve any and all claims and disputes by and between them, for which the City will pay $120,000. FUNDING All tort settlements will be paid from the City's Risk Management Fund. CONCLUSION Based on the above, it is recommended that the City Commission adopt the proposed resolution. JLM;g/S~ T:IAGENDA\2014\March\Settlement-L. Simkowitz v. CMB.doc 264 RESOLUTION TO BE SUBMITTED 265 THIS PAGE INTENTIONALLY LEFT BLANK 266 C7 -Resolutions C7M A Resolution Approving The City's 2014/15 Federal Legislative Agenda. (City Manager's Office) (Memorandum to be Submitted in Supplemental) 267 Agenda Item C 7 f\1 Date g ... ) -llf THIS PAGE INTENTIONALLY LEFT BLANK 268 C7 -Resolutions C7N A Resolution In Support Of The City's Water Project Funding Requests For The Governor's Fiscal Year (FY) 2014/15 Budget. (Budget And Performance Improvement) (Memorandum to be Submitted in Supplemental} 269 Agenda Item C 7N' Date J-~-1'{ THIS PAGE INTENTIONALLY LEFT BLANK 270 L:UMMI~~IUN III::M ::iUMMAKY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid No. 2014-086-SR, Citywide High Tide Mitigation Pro·ect. The purpose of Invitation to Bid (ITB) No. 2014-086-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide tidal flooding mitigation services. The services rendered under this contract will provide the City with a solution for tidal flooding in several residential neighborhoods located within the City of Miami Beach. Invitation to Bid (ITB) 2014-087 -SR was issued on December 18, 2014, with an opening date of February 3, 2014. A pre-bid conference was held on January 26, 2014. The ITB resulted in the receipt of three (3) bids. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process and Section 2-369 of the City Code, which states that, in addition to price, the following criteria shall be considered when making an award recommendation: the ability, capacity and skill of the bidder to perform the contract; whether the bidder can perform the contract within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the bidder; the quality of performance of previous contracts; and the previous and existing compliance by the bidder with applicable laws. In considering Section 2-369 of the City Code, it was noted that David Mancini & Sons, Inc. (OMSI) was among the contractors named in the Affidavit in Support of Arrest Warrant of former Procurement Director Gus Lopez (the "Affidavit"). As a result of the Affidavit, the City Manager assigned Robert Meyers, former director of the Miami-Dade County Commission on Ethics, to conduct a review of the particulars leading to each contractor named in the Affidavit. Regarding DMSI, Mr. Meyers has found that DMSI "intentionally violated City and County ethics provisions governing the conduct of parties doing business with the City of Miami Beach." Accordingly, pursuant to the criteria to be considered in determination of award as required by the City Code, as stated above, DMSI has been deemed non- responsible in response to this ITB. As a result, the City Manager recommends to the Mayor and City Commission to award the construction contract to Southern Underground Industries, Inc. as the lowest responsive, responsible bidder. Although Southern Underground Industries, Inc. was the second-lowest bidder at $516,650.00, their bid, including the $281,665.00 allowance for additional future work, Contingency Funds, and in-house engineering services meets the estimated budget for this project. CONCLUSION The Administration recommends the award of the contract to Southern Underground Industries, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014-086-SR, for the Citywide High Tide Mitigation Project, in the amount of $516,650; plus approve a project allowance of$200,000 for the expediting of additional future work; plus approve a 10% contingency of $71 ,665.00; plus approve an additional allowance of $10,000 for in-house engineering administrative fees for a not-to-exceed grand total of $798,315.00. Advisory Board Recommendation: INA Financial Information· Source of Amount Account ft@_ 1 $798,315.00 429-2454-069357-CITYWIDE TIDAL FLOODING MITIGATION- PH1 Total $798,315.00 Financial Impact Summary: City Clerk's Office Legislative Tracking: Eric Carpenter, Extension 6641 A\2014\March\Procurement\ITB 2014-086-SR-CITYWIDE HIGH TIDE MITIGATION PROJECTIITB SUMMARY.doc MIAMI BEACH AGENDA ITEM __._,R'-"-J"-'-A...:......__ 272 DATE .3-$-I lJ- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Canter Drive, Miami Beach, Florida 33139, www.miomibaachA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members oft FROM: Jimmy L. Morales, City Manager CityCo't;; DATE: March 5, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 2014-086-SR, CITYWIDE HIGH TIDE MITIGATION PROJECT. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $798,315.00 429-2454-069357-CITYWIDE TIDAL FLOODING MITIGATION-PH1 $798,315.00 Total Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-086-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide Tidal Flooding Mitigation services due to increased concerns about tidal flooding in the City of Miami Beach. The services rendered under this contract will provide the City with a solution for tidal flooding in the following residential neighborhoods located within the City of Miami Beach: • Neighborhood No. 11 I West Avenue: West Avenue & 8th Street • Neighborhood No. 11 I West Avenue: West Avenue & 11th Street • Neighborhood No. 7 I Nautilus East: 47th Street & Royal Palm Avenue • Neighborhood No. 7 I Nautilus: 44th Street & Post Avenue, & Royal Palm Avenue • Neighborhood No. 5 I La Gorce: North Bay Road & La Gorce Drive • Neighborhood No. 5 I La Gorce: North Bay Road & 52nd Street The Scope of work shall consist of the replacement of storm water structures and installation of tide flex checkmate inline check valves in ten (1 0) existing structures and five (5) proposed structures. The Scope of Work also includes roadway restoration, milling and resurfacing, reconstruction, pavement markings, traffic control and other miscellaneous work items necessary for a complete and functional installation. 273 Commission Memorandum-ITB 2014-086-SR-Citywide High Tide Mitigation Services March 5, 2014 Page2 Also included in the funding above is an allowance of $200,000 for additional future work that may be required in other neighborhoods, another $71,665 for a 10% Project Contingency Fund, and another $10,000 reserved for in-house engineering fees. This additional funding will assist in expeditiously providing tidal flooding mitigation services to other neighborhoods not specifically listed in this Solicitation. ITB PROCESS Invitation to Bid (ITB) 2014-087-SR was issued on December 18, 2014, with an opening date of February 3, 2014. A pre-bid conference was held on January 26, 2014. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Florida Purchasing Group issued bid notices to a total of 411 prospective bidders. A notice was also published in the Daily Business Review newspaper. The advertisements resulted in the receipt of the following three (3) bids. Through the Department of Procurement Management's review of each bid for responsiveness, all bids were deemed responsive pursuant to the requirements listed in the Solicitation. In determining responsiveness of the responding bidders, the Department of Procurement Management has verified the following: A. Minimum Requirements All firms are state certified and licensed contractors. B. Financial Capacity D&B Reports were obtained for all bidders and were verified that none have a "High" Supplier Evaluation Risk Rating. C. PastPerlormance It has been confirmed that all bidders have submitted (3) references for whom the proposer has completed work similar in scope and volume as the work referenced in the Contract Documents. References are projects completed or in progress within the last five (5) years. Bidders also provided evidence of completing a minimum of three (3) storm water drainage projects involving installation of pipes 18 inches in diameter or larger in the past ten (1 0) years. Bidders also submitted evidence of completing a minimum of three {3) projects in a high water table area in the past ten (1 0) years. As a result of the Department of Procurement Management's responsiveness review process, the following table provides the proposed base bid prices and total prices including a $281,665 allowance for additional future work, 10% Project Contingency Fund, and in-house engineering services. Vendor Name Base Bid Amount Allowance Total Contract Amount Amount David Mancini & Sons, Inc. $425,000.00 $281,665.00 $706,665.00 Southern Underground $516,650.00 $281,665.00 $798,315.00 Industries, Inc. Ric-Man International, Inc. $606,563.11 $281,665.00 $888,228.11 274 Commission Memorandum-ITB 2014-086-SR-Citywide High Tide Mitigation Services March 5, 2014 Page 3 CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. Section 2-369 of the Miami Beach City Code, states that the following criteria shall be considered when making an award recommendation: • The ability, capacity and skill of the bidder to perform the contract. • Whether the bidder can perform the contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with Applicable Laws relating to the contract. David Mancini & Sons, Inc. (DMSI) was among the contractors named in the Affidavit in Support of Arrest Warrant of former Procurement Director Gus Lopez (the "Affidavit"). As a result of the Affidavit, the City Manager assigned Robert Meyers, former director of the Miami-Dade County Commission on Ethics, to conduct a review of the particulars leading to each contractor named in the Affidavit. Regarding DMSI, Mr. Meyers has found that DMSI "intentionally violated City and County ethics provisions governing the conduct of parties doing business with the City of Miami Beach." Accordingly, OMS I has been deemed non-responsible pursuant to the above- referenced section of the City Code. As a result, the City Manager recommends to the Mayor and City Commission to award the construction contract to Southern Underground Industries, Inc., as the lowest responsive, responsible bidder. Although Southern Underground Industries, Inc. was the second-lowest bidder at $516,650.00, their bid, including the $281,665.00 allowance for additional future work, Contingency Funds, and in-house engineering services meets the estimated budget for this project. Southern Underground Industries, Inc. has been providing underground construction services to South Florida since 2008. They have extensive experience in stormwater drainage, underground utility, and roadway construction serving Miami-Dade, Broward, and Monroe Counties. CONCLUSION The Administration recommends the award of the contract to Southern Underground Industries, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014-086-SR, for the Citywide High Tide Mitigation Project, in the amount of $516,650; plus approve a project allowance of $200,000 for the expediting of additional future work; plus approve a 10% contingency of $71,665.00; plus approve an additional allowance of $10,000 for in-house engineerin~~ministrative fees for a not-to-exceed grand total of $798,315.00. JLM/MT/~¥Ec/AD T:\AGENDA\2014\February\Procurement\ITB 2014-086-SR -CITYWIDE HIGH TIDE MITIGATION PROJECT\ITB 2014-086-SR - Citywide High Tide Mitigation MEMO.docx 275 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment regarding an amendment to the Official Zoning District Map of the Code of the City of Miami Beach and the Future Land Use Map (FLUM) of the City of Miami Beach, for the Talmudic University property. Ke_}f Intended Outcome Supported: Neighborhood satisfaction and maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc More than half of all residential respondents, 55%, suggested the effort put forth by the City to regulate development is "about the right amount" Item Summa /Recommendation: SECOND READING The proposed ordinances would amend the FLUM and Zoning Maps of the City of Miami Beach by changing the current main permitted use of 'GU' on those parcels adjacent to the existing Talmudic University Site at 4000 Alton Road to 'RM-2, Residential Multifamily Medium Intensity' These amendments are being proposed in order to accommodate the purchase of surplus land from FOOT and to accommodate a new, residential development for the subject site. On January 15, 2014, the City Commission approved the Zoning Map Amendment Ordinance at First Reading and set a Second Reading Public Hearing for March 5, 2015. Additionally, the City Commission opened and continued the FLUM Amendment Ordinance to a date certain of March 5, 2014, at which time both Ordinances will be adopted. The Administration recommends that the City Commission adopt both the Zoning Map Amendment Ordinance and the FLUM Amendment Ordinance. Advisory Board Recommendation: On December 17, 2013, the Planning Board recommended that the City Commission approve the proposed Zoning Map and FLUM Amendments by a vote of 5-0. Financial Information: Source of Amount Account Funds: 1 LJ 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City, and should increase the property's value, as additional apartment units will be added to the City's tax roll. . C1ty Clerk's Off1ce Leg1slat1ve Trackmg: 1 Thomas Mooney Si n-Offs: Department Director T:\AGENDA\2014\March\Talmudic Site MIAMI BEACH 277 AGENDA ITEM ~R-'--~=--ft-........,.__,._ DATE 3-s-Jy 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: March 5, 2014 SUBJECT 4000 Alton Road -Talmudic Unive ity FLUM Amendment & Zoning Map Change SECOND READING 4000 Alton Road, Talmudic University -FLUM Amendment (Planning Board File No. 2147). The applicant, the City of Miami Beach, is requesting an amendment to the Future Land Use Map of the Comprehensive Plan of the City of Miami Beach pursuant to Section 118-166 of the Code of the City Of Miami Beach, Florida, Section 163.3181, Fla. Stat, and Section 163.3187, Fla. Stat., by changing the Future Land Use Designation for parcels of land adjacent to what is more commonly known as the Talmudic University, and which are comprised of less than 10 acres, from the current ROS, ''Recreation and Open Space," to the Future Land Use Category of RM-2, "Residential, Multifamily Medium Intensity." 4000 Alton Road, Talmudic University -Zoning Map Change (Planning Board File No. 2148). The applicant, the City of Miami Beach, is requesting an amendment to the Official Zoning District Map, referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida, pursuant to Section 118-162, "Petitions for Changes and Amendments," by changing the Zoning District Classification for parcels of land adjacent to what is more commonly known as the Talmudic University, and which are comprised of less than 10 acres, from the current GU, "Government Use" District, to RM-2, "Residential, Multifamily Medium Intensity" District. ADMINISTRATION RECOMMENDATION Adopt the Zoning Map Amendment Ordinance and the FLUM Amendment Ordinance to. BACKGROUND On April 17, 2013, at the request of former Commissioner Libbin, the City Commission referred a discussion item to the Land Use and Development Committee, regarding the redevelopment of the Talmudic University property located at 4000 Alton Road. On September 23, 2013, the Land Use Committee referred the proposed amendments to the Planning Board for consideration. The Talmudic University at 4000 Alton Road is seeking to expand its current facilities, including the construction of new residential buildings. In order to accommodate this additional development, the University will be acquiring surplus FOOT parcels that are 278 Commission Memorandum Talmudic Site-FLUM and Zoning Map Change March 5, 2014 Page 2 of 5 adjacent to the existing Talmudic University property. The University is currently operating under a Conditional Use Permit (PB File No. 1718, approved on June 5, 2008) for a religious institution in an RM-2 district. The subject request is to amend the Future Land Use Map of the Comprehensive Plan and the Official Zoning District Map of the City of Miami Beach, for parcels of land adjacent to what is commonly known as the "Talmudic University Site," which is comprised of less than 10 acres and more particularly described in the attached Legal Description (Exhibit 'A'). Specifically, the applicant is seeking to change the Future Land Use Category for the subject parcel from the current ROS, "Recreation and Open Space," to "RM-2, Residential Multifamily Medium Intensity". The applicant is also requesting to amend the Official Zoning District Map of the Code of the City of Miami Beach, Florida, by changing the Zoning District Classification for the subject parcel from the current GU, "Government Use," to "RM-2, Residential Multifamily Medium Intensity". ANALYSIS Early City and County records show that the Talmudic University property was originally platted as four single family lots, with the west property lines of lots 52-54 fronting directly on Biscayne Bay. Single family home lots continued southward along Alton Road, and northward on the west side of North Bay Road. When the Julia Tuttle Causeway was constructed in the 1960's, fill was added to the entire west side of the subject property, extending northward to encompass what was originally known as 'Collins Island' and 'John's Island'. These former islands are now part of the Mt. Sinai /Miami Heart Institute Hospital campus. The portion of the FDOT right of way located to the west of the existing Talmudic University was originally part of Biscayne Bay, and the FDOT land located to the northwest and south of the existing Talmudic University was originally part of single family home parcels, until the construction of the Julia Tuttle Causeway. In 1965 a Howard Johnson's hotel and restaurant was constructed on the parcel. In 2005, the Talmudic University received a Conditional Use Permit for a religious institution and the former hotel was converted into classrooms and dormitory residences. The Proposal The Talmudic University property at 4000 Alton Road is currently zoned RM-2, Multi- Family Medium Intensity. The existing school and associated residential units are allowable uses within the RM-2 district both as of right and through the Conditional Use process. Pursuant to Section 142-217 of the City Code, the maximum height limit for the property at 4000 Alton Road is 6 stories I 60 feet. The height of existing building on the site is 71'-9", according to the plans submitted. The University has partnered with a developer In order to accommodate a proposed expansion of the existing University, as well as the construction of a new 8-story/85 feet high residential building on the southern portion of the property with a total of 72 residential units. The residential units will not be part of the existing Talmudic University, and will be a separate, multifamily residential structure, which will be subject to the same taxation requirements as any other multifamily property in the City, unlike the current 279 Commission Memorandum Talmudic Site-FLUM and Zoning Map Change March 5, 2014 Page 3 of 5 University site which is a tax exempt educational institution. A separate lot split application is currently pending before the Planning Board. The following is requested as part of the subject applications: 1. A re-zoning of the adjacent surplus FOOT parcels from the current 'GU' ("Government Use") to 'RM-2' ("Residential Multi-Family Medium Intensity"). 2. A Comprehensive Plan Amendment to change the Future Land Use Designation for the adjacent surplus FOOT parcels from the current 'ROS' ("Recreation and Open Space") to 'RM-2' {"Residential Multi-Family Medium Intensity"). A separate code amendment that would increase the maximum allowable height on the site from the current 6 stories I 60 feet to 8 stories I 85 feet is also proposed. This particular amendment has been endorsed by the Planning Board and is pending before the City Commission. The expansion plan proposed by the Talmudic University appears to be consistent with the Comprehensive plan, as proposed to be amended. However setback variances may be required for portions of the proposed new structures. Further, the front portion of the new residential building is proposed to be setback 50 feet from Alton Road, in order to reduce the visual mass of the building from the single family district located to the southeast. It should also be noted that any expansion of the master plan at the subject site, regardless of whether the amendments to the Code proposed herein move forward, would still require separate approvals from the Planning Board and the Design Review Board, as part of the development review process. Planning and Zoning Issues The ROS future land use and GU zoning only allows government buildings and uses, including but not limited to parking lots and garages; parks and associated parking; schools; performing arts and cultural facilities; monuments and memorials. The use of the site for residential use would not be permitted by the Comprehensive Plan and zoning regulations, and requires a change to the future land use category and zoning designation that would allow the desired residential use as a main permitted use. The applicant is proposing to change the future land use category from ROS to RM-2, and rezone the property from GU to the RM-2 Residential Medium Intensity category and zoning district, as that would allow the residential use. The proposed changes are compatible with the property abutting the site along Alton Road, which contains the existing Talmudic University and is also zoned RM-2 Multifamily medium intensity with a maximum FAR of 2.0. With the exception of the remaining FOOT right-of-way, there are no other zoning districts directly abutting the subject parcels. The parking lot for St. Patrick's Church comprises the majority of the Alton Road frontage to the east of the existing Talmudic University Site. Two single family properties are also east of the existing Talmudic University site on Alton Road, south of Barry Street. The objective of the ROS future land use designation is to ensure that parks and recreational facilities are adequately and efficiently provided by enforcing level of service 280 Commission Memorandum Talmudic Site-FLUM and Zoning Map Change March 5, 2014 Page 4 of 5 standards and related guidelines through the concurrency management system. The Mid-Beach area, in which the parcels are located, has the largest amount of recreation space of any district, and the residential developer has voluntarily proffered to contribute additional amenities to nearby Polo Park, as referenced in the attached correspondence from the developers Attorney. City Charter Issues The request for changing the Zoning Map of the City, as well as the Future Land Use Map of the City's Comprehensive Plan is affected by the following City Charter provision: Sections 1.03 (c), which partially states: The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001 ), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. In review of the floor area ratio limitation on the subject parcels, which are currently zoned GU (Government Use), the following applies: Sec. 142-425 (a). Development regulations. The development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU government use district shall be the average of the requirements contained in the surrounding zoning districts as determined by the planning and zoning director, which shall be approved by the city commission. The abutting zoning of the subject parcels, which is used to calculate the F.A.R. of the parcels, is RM-2, which equates to an F.A.R. of 2.0. As the proposed zoning change to RM-2 does not increase the established F.A R for the subject parcels, the requested amendment complies with the requirements of the referenced Charter provision, subject to City Commission approval. Comprehensive Plan Issues The total land area involved in this application is 32,082 square feet {.74 acres). Under Section 163.3187 F.S., land use map amendments of less than 10 acres in size may be considered "small-scale" amendments, which require only one public hearing before the City Commission, which shall be an adoption hearing. Although not required, the local government should send a copy of the adopted small scale amendment to the State Land Planning Agency so that the Agency can maintain a complete and up-to-date copy of the City's Comprehensive Plan. lnterlocal Agreement for Public School Facility Planning The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovernmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency. The RM-2 future land use category allows a 281 Commission Memorandum Talmudic Site-FLUM and Zoning Map Change March 5, 2014 Page 5of 5 density of 1 00 units per acre. The lot area of the portion of the site which will contain the proposed new residential building (pending a future lot split application) will be 81,544 square feet. Based upon this data, the maximum number of units that could be developed for this area is 187 units, however at this time, the actual number of units proposed is 72. Final site plan approval is contingent upon meeting Public School Concurrency requirements and the applicant will be required to obtain a valid School Concurrency Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools. Such Certificate will state the number of seats reserved at each school level. In the event sufficient seats are not available, a proportionate share mitigation plan shall be incorporated into a tri-party development agreement and duly executed prior to the issuance of a Building Permit. PLANNING BOARD REVIEW On December 17, 2013, the Planning Board (by a 5-0 vote) transmitted the proposal to the City Commission with a favorable recommendation. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City, and should increase the property's value, as additional apartment units will be added to the City's tax roll. SUMMARY The proposed amendment to the Future Land Use Map of the City's Comprehensive Plan and the change to the Zoning Map will allow for new residential development that would add value to the site, as well as be a visual and aesthetic improvement to the neighborhood. On January 15, 2014, the City Commission approved the proposed Zoning Map Amendment at First Reading, and continued action on the FLUM Amendment, so that both amendments could be adopted together. Although both items are interrelated to one another, separate motions must be made for each Amendment. CONCLUSION The Administration recommends that the City Commission adopt the Zoning Map Amendment Ordinance and the FLUM Amendment Ordinance. JLMffflfrRM T:\AGENDA\2014\March\Talmudic Site FLUM and Zoning-MEMO 2nd Read.docx 282 TALMUDIC SITE-FLUM CHANGE ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR PARCELS OF LAND ADJACENT TO WHAT IS MORE COMMONLY KNOWN AS THE "TALMUDIC UNIVERSITY," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ROS, "RECREATION AND OPEN SPACE," TO THE FUTURE LAND USE CATEGORY OF RM-2, "RESIDENTIAL MULTIFAMILY MEDIUM INTENSITY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Talmudic University seeks to change the Future Land Use Map category for surplus parcels owned by the Florida Department of Transportation ("FOOT') adjacent to the parcel commonly known and referred to herein as "Talmudic University," located at 4000 Alton Road, from the current ROS, Recreation and Open Space, to the Future Land Use category RM-2, Residential Multifamily Medium Intensity; and WHEREAS, amending the Future Land Use category of the FOOT parcels adjacent to the Talmudic University parcel as provided herein is necessary to ensure the development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; and WHEREAS, the City of Miami Beach has determined that changing the Future Land Use category of the subject parcels as provided herein will ensure that new development is compatible and in scale with the built environment, and is in the best interest of the City; and WHEREAS, the full legal description of the Affected Property is contained in Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendment to the City's Future Land Use Map designations for the property described herein is hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the Future Land Use Map of the City: Parcels of land adjacent to what is commonly known as the "Talmudic University" site, approximately 32,082 square feet {.74 acres), deemed to be a small-scale amendment, from the current ROS, "Recreation and Open Space," to the Future Land Use category of RM-2, "Residential Multifamily Medium Intensity." 283 SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that the amendment provided for in Section I is made part of the Future Land Use Map of the City of Miami Beach Comprehensive Plan, as amended; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. TRANSMITTAL. The Planning Director is hereby directed to submit this ordinance to the appropriate state, regional and county agencies as may be required by applicable law. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 31 days after adoption pursuant to Section 163.3187(2), Florida Statutes. PASSED and ADOPTED this __ day of _____ , 2014. ATTEST: CITY CLERK First Reading: January 15, 2014 Second Reading: March 5, 2014 Verified by: ________ _ Thomas R. Mooney, AICP Acting Planning Director T:\AGENDA\2014\March\Talmudic Site FLUM-ORD 2nd Read.docx - 2 - 284 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ''~--+~---z. 12 -s J rL.j ~ LEGAL DESCRlPTION: FDOT ~Parcel 1 A portion of Lot D ofRE-SUBDIVISION OF LOTS 48, 49, 50 & 51 OF BLOCK 1, NAUTILUS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 35 at Page 46 of the Public Records of Miami-Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, and being more particularly described as follows: Commence at the Southeast comer of Lot 54 of said Block I of NAUTILUS SUBDIVISION; thence North 80°48'38" West along the Southerly boundary line of said Lot 54 for 175.93 feet to a point on the Northerly Right-of-Way line of Alton Road, also known as State Road No. 25, as shown on the Florida Department of Transportation Right of Way Map Section 87090-2402, Sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39°51'18" West; thence Northwesterly along said Northerly Right-of-Way line being a 600.92 foot radius curve, leading to the left, through a central angle of03°58'57" for an arc distance of 41.77 feet to a point of tangency; thence North 54°07'39" West along said Northerly Right-of-Way line for 34.06 feet to the Point of Beginning of the hereinafter described parcel ofland; thence continue North 54°07'39" West along said Northerly Right-of- Way line for 128.73 feet; thence North 23°11'59" East, departing said Northerly Right-of-Way line for 161.81 feet; thence North 05°59'58" West for 62.09 feet to a point on the Southerly Right-of-Way line of the Julia Tuttle Causeway, also known as State Road 112 and 1-195, as shown on said Florida Department of Transportation Right of Way Map; thence North 55°48'22" East along said Southerly Right-of-Way line for 114.98 feet; thence South 25°20'17" East, departing said Southerly Right-of-Way line, for 78.82 feet; thence North 67°28'20" East for 95.22 feet to a point on the Easterly line of said Lot D; thence South 09°05'09" West along said Easterly line of Lot D for 74.16 feet to the Southeast comer of said Lot D; thence North 80°48'38" West along the Southerly line of said Lot D, also being the Northerly line of Lot 52 of said NAUTILUS SUBDIVISION for 165.54 feet to a point on the Westerly boundary line of said Block 1 of NAUTILUS SUBDIVISION, the following three (3) courses being along said Westerly boundary line of Block 1; (1) thence South 05°58'24E for 103.61 feet; (2) thence South 00°23'11" West for 101.19 feet; (3) thence South 04°09'24" West for 64.92 feet to the Point of Beginning. LEGAL DESCRIPTION: FDOT-Parcel 2 A portion of Lot 55 in Block 1 of NAUTILUS SUBDIVISION, according to the plat thereof as recorded in Plat Book 8 at Page 95 of the Public Records of Miami-Dade Coimty, Florida, being more particularly described as follows: Commence at the Southeast comer of Lot 54 of said Block l of NAUTILUS SUBDIVISION; thence North 80°48'38" West along the Southerly boundary line of said Lot 54 for 26.00 feet to the Point of Beginning of the hereinafter described parcel ofland; thence continue North 80°48'38" West along said Southerly boundary line of Lot 54, also being the Northerly boundary line of said Lot 55 for 149.93 feet to a point on the Northerly Right-of-Way line of Alton Road, also known as State Road No. 25, as shown on the Florida Department of Transportation Right of Way Map Section 87090-2402, Sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39°51'1 8" West; thence Southeasterly along said Northerly Right of Way line being along a 600.92.foot radius curve, leading to the right, through a central angle of05°58'14" for an arc distance of62.62 feet; thence south 76°03'16" East, departing said Northerly Right-of-Way line, for 72.65 feet to a point on the Westerly Right- of-Way line of Alton Road, also known as State Road No. 907 as shown on said Florida Department of Transportation Right-of-Way Map; thence North 41 °11'22" East along said Westerly Right-of-Way line for 48.00 feet to the Point of Beginning. 285 LEGAL DESCRIPTION: Talmudic University Lots 52, 53, and 54 in Block 1 of NAUTILUS SUBDMSION, according to plat thereof recorded in Plat Book 8, page 95, of the Public Records ofMiami-Dade County, Florida, less the part of Lot 54, described as follows: Beginning at the Southwest Comer of said Lot 54; thence run East 63.9 feet along the South line of said Lot 54 to a point; thence run Northwest 76 feet to the West line of said Lot 54 at a point 37 feet along the West line of said Lot 54 to the Point of Beginning, all in Block 1, NAUTILUS SUBDMSION, according to the Plat thereof as recorded in Plat Book 8, page 95 of the Public Records ofMiami-Dade County, Florida: AND: Lot E, less the West 0.10 feet thereof; resubdivision ofLots 48, 49, 50, and 51 of Block 1, NAUTILUS SUBDIVISION: according to plat thereof recorded in Plat Book 35, page 46, of the Public Records of Miami-Dade County, Florida. 286 TALMUDIC SITE-ZONING MAP CHANGE ORDINANCE NO. _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR PARCELS OF LAND ADJACENT TO WHAT IS MORE COMMONLY KNOWN AS THE "TALMUDIC UNIVERSITY," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ZONING CLASSIFICATION GU, "GOVERNMENT USE DISTRICT," TO THE PROPOSED ZONING CLASSIFICATION RM-2, "RESIDENTIAL MULTI-FAMILY MEDIUM INTENSITY," PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Talmudic University seeks to change the zoning classification of the surplus parcels owned by the Florida Department of Transportation ("FOOT') adjacent to the parcel commonly known and referred to herein as 'Talmudic University," located at 4000 Alton Road, from GU, Government Use District, to RM-2, Residential Multifamily Medium Intensity; and WHEREAS, amending the zoning of the FOOT parcels adjacent to the Talmudic University parcel as provided herein is necessary to ensure that the development of the property will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; and WHEREAS, the City of Miami Beach has determined that the rezoning of the FOOT parcels adjacent to the Talmudic University parcel as provided herein will ensure that new redevelopment and renovation of existing structures are compatible and in scale with the built environment, and is in the best interest of the City; and WHEREAS, the full legal description of the Affected Property is contained in Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendments to the City's zoning map designations for the properties described herein are hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the zoning map of the City: Parcels of land adjacent to what is commonly known as the "Talmudic University," approximately 32,082 square feet (.74 acres), from the current GU "Government Use District," to the proposed zoning classification RM-2, "Residential Multifamily Medium Intensity." 287 SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the City Commission that the Official Zoning District Map, referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida be amended in accordance with the provisions of this Ordinance. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect 31 days after adoption to correspond to the adoption date of the amendment to the Future Land Use Map of the City's Comprehensive Plan. PASSED and ADOPTED this __ day of _____ , 2014. ATTEST: CITY CLERK First Reading: January 15, 2014 Second Reading: March 5, 2014 Verified by: ________ _ Thomas R. Mooney, AICP Acting Planning Director T:\AGENDA\2014\March\Talmudic Site ZONING MAP-ORD 2nd Read.docx -2- 288 MAYOR APPROVED AS TO FORM & LANGUAGE & J:'OR EXECUTION ?. ,I ;z.f J. 'j Oat LEGAL DESCRIPTION: FDOT-Parcell A portion ofLotD ofRE-SUBDIVISION OF LOTS 48, 49, 50 & 51 OF BLOCK 1, NAUTILUS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 35 at Page 46 of the Public Records of Miami-Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, and being more particularly described as follows: Commence at the Southeast comer ofLot 54 of said Block l ofNAUTILUS SUBDIVISION; thence North 80°48'38" West along the Southerly boundary line of said Lot 54 for 175.93 feet to a point on the Northerly Right-of-Way line of Alton Road, also known as State Road No. 25, as shown on the Florida Department of Transportation Right of Way Map Section 87090-2402, Sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39°51'18" West; thence Northwesterly along said Northerly Right-of-Way line being a 600.92 foot radius curve, leading to the left, through a central angle of03°58'57" for an arc distance of 41.77 feet to a point of tangency; thence North 54°07'39" West along said Northerly Right-of-Way line for 34.06 feet to the Point ofBeginning of the hereinafter described parcel efland; thence continue North 54°07'39" West along said Northerly Right-of- Way line for 128.73 feet; thence North 23°11 '59" East, departing said Northerly Right-of-Way line for 161.81 feet; thence North 05°59'58" West for 62.09 feet to a point on the Southerly Right-of-Way line of the Julia Tuttle Causeway, also knmvn as State Road 112 and I-195, as shown on said Florida Department ofTransportation Right ofWay Map; thence North 5S048'22" East along said Southerly Right-of-Way line for 114.98 feet; thence South 25°20'17" Fast, departing said Southerly Right-of-Way line, for 78.82 feet; thence North 6r28'20'' East for 95.22 feet to a point on the Easterly line of said Lot D; thence South 09°05'09" West along said Easterly line of Lot D for 74.16 feet to the Southeast comer of said Lot D; thence North 80°48'38" West along the Southerly line of said Lot D, also being the Northerly line of Lot 52 of said NAUTILUS SUBDIVISION for 165.54 feet to a point on the Westerly boundary line of said Block 1 of NAUTILUS SUBDIVISION, the following three (3) courses being along said Westerly boundary line of Block 1; (1) thence South 05°58'24E for 103.61 feet; (2) thence South 00°23'11" West for 101.19 feet; (3) thence South 04°09'24" West for 64.92 feet to the Point of Beginning. LEGAL DESCRIPTION: FDOT-Parcel2 A portion of Lot 55 in Block I of NAUTILUS SUBDIVISION, according to the plat thereof as recorded in Plat Book 8 at Page 95 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southeast comer of lot 54 of said Block 1 of NAUTILUS SUBDIVISION; thence North 80°48'38" West along the Southerly boundary line of said Lot 54 for 26.00 feet to the Point of Beginning of the hereinafter described parcel ofland; thence continue North 80°48'38" West along said Southerly boundary line of Lot 54, also being the Northerly boundary line of said Lot 55 for 149.93 feet to a point on the Northerly Right-of-Way line of Alton Road, also known as State Road No. 25, as shown on the Florida Department ofT ransportation Right of Way Map Section 87090-2402, Sheet 16 of l 8, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39°51'18" West; thence Southeasterly along said Northerly Right of Way line being along a 600.92 foot radius curve, leading to the right, through a central angle of05°58'14" for an arc distance of 62.62 feet; thence south 76°03'16" East, departing said Northerly Right-of-Way line, for 72.65 feet to a point on the Westerly Right- of-Way line of Alton Road, also known as State Road No. 907 as shmvn on said Florida Department of Transportation Right-of-Way Map; thence North 41 °11'22" East along said Westerly Right-of-Way line for 48.00 feet to the Point of Beginning. 289 LEGAL DESCRIPTION: Talmudic University Lots 52, 53, and 54 in Block I ofNAUTILUS SUBDIVISION, according to plat thereof recorded in Plat Book 8, page 95, of the Public Records of Miami-Dade County, Florida, less the part of Lot 54, described as follows: Beginning at the Southwest Comer of said Lot 54; thence run East 63.9 feet along the South line of said T .ot 54 to a point; thence run Northwest 76 feet to the West line of said Lot 54 at a point 37 feet along the West line of said Lot 54 to the Point of Beginning, all in Block 1, NAUTILUS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8, page 95 of the Public Records of.Miami-Dade County, Florida: AND: Lot E, less the West 0.10 feet thereof; resubdivision of Lots 48, 49, 50, and 51 of Block l, NAUTILUS SUBDIVISION: according to plat thereof recorded in Plat Book 35, page 46, of the Public Records of Miami-Dade County, Florida. 290 MIAMI HERALD I MiamiHerald.com Ni' THURSDAY, JANUARYJg, 2{)14 I 19Nii CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE FUTURE LAND USE MAP (FLUM) OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN AND ZONING MAP CHANGES NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chambers. 3"' Aoor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, on Wednesday, March 5, 2014, to consider: 10:{)5 A.M.-File No. 2147. 4000 Alton Road, Talmudic University-FLUM Amendment. An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is Mare Commonly Known As The "Talmudic University; More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current ROS, "Recreation And Open Space." To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan. Transmittal, Repealer, Severability And An Effective Date. 10:10 A.M.-File No. 2148. 4000 Alton Road, Talmudic University-Zoning Map Change. An Ordinance Amending The OffiCial Zoning District Map, Referenced In Section 142-72 Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Classification For Parcels Of land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning ClassifiGHtion GU, "Government Use District," To The Proposed Zoning Classification AM-2, "Residential Mutti-Family Medium Intensity." Providing For Codification, Repealer. Severability And An Effective Date. Inquiries may be directed to the Planning Department at 305-673-7550. All interested parties are invited to appear at this meeting or be represented by an agent, or to express their views in writing acldressed to the City Commission, c/o City Clerk, 1700 Convention Center Drive, City Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available in the Planning Department This meeting or this item may be continued. and under such circumstances, additional legal notice need not be provided. Pursuant to Florida Statutes §286.01 05, the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a ' verbatim record of the proceedings is made, which record must include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, infonnation on access for persons with disabilities and/ or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at 305--073-7 411 (voice) or TTY users may also call the Florida Relay Service at 711. MIAMI BEACH 291 Rafael E. Granado, City Clerk Ad857 N (Q N ')( j( MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS 'J[ THURSDAY, FEBRUARY 20, 2014 I 15NE NOTICE IS HEREBY given ttlal a public hearing will be held by the Mayor and City Commission of the City of Miami Beach. Florida. in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, M1ami Beach, Florida, on Wednesday, March 5, 2014 to consider the following: 10:05 a.m. File No. 2147. 4000 Alton Rood, Talmudic University-FLUM Amendment-An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current ROS, "Recreation And Open Space,"To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severatlllity And An Effective Date. \Inquiries may be directed to the Planning Department at 305-673-7550.) 10:10 a.m. File No. 2148. 4000 Alton Road. Talmudic University-Zoning Map Change -An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 O!The Code OfT he City Of Miami Beach, Florida, By Changing The Zoning District Classification For Parcels Of Land Adjacent To What Is More Commonly Known As The 'Talmudic University," More Particularly Described In The Legal Description Attached As Exhitlit "A" Hereto, From The Current Zoning Classification GU. "Government Use District," To The Proposed Zoning Classification RM-2, "Residential Multi-Family Medium Intensity," Providing For Codification, Repealer, Severability And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:25 a.m. All on Road Hisloric District Buffer Overlay-An Ordinance Amending The Code Of The City 01 Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Crealing Division 8 "AIIon Road-Hisloric Districl Buller Overlay," By Including Section 142-858 "Location And Purpose," And Section 142·B59 "Development Reg11latlons," Including Among other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Hisloric District; And land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Enlertainmenl Estalllishmenls,Aicoholic Beverage Establishmenls And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Enlertainment Establishments In Open Areas Wilh ExceplionsAs Prescribed In The Ordinance; Providing For Codification; Repealer; Severabllily; And An Eflective Date. (Inquiries may be direcled to the Planning Department at 305-673·7550.) 11.):40 a.m. Building Departmenl Permil Fees -An Ordinance Amending Chapler 14 Of The City Code, Enlitled "Building Regulations," By Amending Article II, Enbtled "Conslruction Standards," By Amending Division 2, Entitled "Permil Fees." By Amending The Following Sections Therein. To Wit: Section 14·61, EnliUed "Permit Fees, Generally"; Section 14-62, Entitled "Building Permits"; Section 14-63, EniiHed "Plumbing Permits"; Section 14·64, Entilled "Electrical Permils"; Seclion 14-65, Entitled "Mechanical Permits"; Section 14-66, Entitled "Annual Facility Permit"; Section 14-67, Entitled "Forty·Vear Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign"; Section 14-70. Entitled "General Information"; Section 14·71, Entitled "Temporary Structure"; To Provide For Express Permlls, Phase Permits, Private Provider Fee Discounts, Perm II Fee Reductions And Refunds, And To Provide For A More Efficient, Effective, And Transparent Way To Assess Fees For Building Permit Services. And By Amending Corresponding Portions Of Division 2 Dl Appendix A Of The City Code, Entitled "Permit Fees," Relating To Buildiog, Plumbing, Electrical, And Mechanical Work, And Other Building Department Activities; Providing For Repealer, Severability, Codification, And An Effeclive Date. (InQuiries may be directed to lhe Building Department at 305-673-7610.) 10:50 a.m. Resort Tax Ordinance· An Ordinance Amending The Code OtThe 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 Section102-314 Entitled "Penalties And Interest," By Amending Subsection (F) Thereof (And Including The Corresponding AmendmentTo 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. (Inquiries may be directed to the Finance Department at 305·673-7466.) · 11:00 a.m. An Ordinance Amending The Code OfThe City Of Miami Beach, By Amending Chapter 2, Entitled "Administralion," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Section 2·27, Entitled "Reserved," To Create A 517th 1/ote Requirement For The Creation Of Agencies, Boards And Cllmmittees; Providing Exceptions Thereto; And Providing For Repealer, Severability, Codification, And An Effective Dale. (Inquiries may be directed Ia the City Attorney's Oflice at 305-673-7470.) 11:10 a.m. Fire And Police Pension Ordinance • An Ordinance Amending Part I, Subpart B. Article IX. Related Special Acts. Of The Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Members Of Pollee And Fire Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) Local 1510. And Miami Beach Fralernal Order Of Pollee. William NichOls Lodge No. 8 (FOP); lmplemenling Recommendations Of The Budget Advisory Committee. A Memorandum Of Understanding And Other Changes; Amending Seclion 63 Entitled "Source Of Monies For Fund; Computation Of Uability; Use And Investment Of Fund"; "Service Record"; And Amending Section 66 Enllfted 'Ser>Ace And Disability Benefits Generally"; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Date. (Inquiries may be directed to the Human Resources Depar1ment at 305·673-7524.) 11:20 a.m. A Resolution To Adopt The Third A.menoment To The Capital Budget For Fiscal Year (FY) 2013114. (Inquiries may be directed to the Office of Budget & Performance Improvement at 305-673-7510.) 11:JO p.m. RM-2 Hotel Office Uses . An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations' Article II "District Regulatloos," Division 3 "Residential Multifamily Oishicls," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142·212, "Main Permitted Uses," To Expand The Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That AreAssocialed With Nearby Holels On Collins Avenue; Providing For Repealer; Severabilily; Codification; And An Effective Date. {Inquiries may be directed to the Planning Department at 305-673-7550) INTmESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in wriling addressed to the Cily Commission, c/o the City Clerk, 1700 Convention Center Drive, t" Floor, City Hall, Miami Beach, Florida 33139.A copy of this item is available for public inspection during normal business hours in the City Clerk's Office. 1700 Convenlion Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeling or this item may be conli[I(Jed, and uncler such circumstances, additional legal notice need not be provided. Ralael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat, the City hereby advises the public that if a person decides to appeal any decision made IJy the City Commission wilh respect to any matter considered at lis meeting or ils hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This nolice does not constitute consent by the City lor the introduction or admission of olherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible tormal, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any documenl or participate in any City-sponsored proceeding, please contact us live days ir1 advance at (305) 673·7411(voice) or TTY users may also call the Florida Relay Service at 711. ADII86Z COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment creating an Historic District Overlay Buffer for the east side of the Alton Road corridor between 6th and 11th Streets, 14th and 15th Streets and 1 th Street to the Collins CanaL Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: SECOND READING PUBLIC HEARING The proposed Ordinance would create an historic district overlay buffer for those portions of the Alton Road corridor between 61h and 11th Streets, 14th and 15th Streets and 1 ?'h Street to the Collins CanaL The City Commission approved the Ordinance at First Reading on February 12, 2014 and scheduled a Second Reading Public Hearing for March 5, 2014. In accordance with Section 118-164 of the City Code, Second Reading of the Ordinance must occur after 5:00 pm, unless waived by the Commission. City Hall must close at 4:00 pm on March 5, 2014, due to a training exercise. As such, the Administration recommends that the City Commission open and continue Second Reading of the Ordinance to a date certain of April 23, 2014. Advisory Board Recommendation: On August 24, 2010, the Planning Board transmitted the subject Ordinance to the City Commission by a vote of 3-2. Financial Information: Source of Amount Account Funds: 1 c 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. See Commission Memo for additional details and analysis. City Clerk's Office Legislative Tracking: I Thomas Mooney Si n-Offs: Department Director T:\AGENDA\2014\March\Aiton Road Buffer Overlay-SUM 2nd Read OC.docx MIAMI BEACH 293 AGENDA ITEM ---::-R-'-5"-::::B=-:-:-- DATE 3-$"-I'( lD MIAMI BEACH - City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SECOND READING PUBLIC HEARING SUBJECT: Alton Road Historic District Buff Overlay AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD -HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;_DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission open and continue Second Reading for the proposed Ordinance to a date certain of April 23, 2014. BACKGROUND In the Summer of 2006 the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 61h Street and 141h Street in order to protect the character of the adjacent National Register Historic District as well as the historically significant but yet unprotected properties along this stretch of Alton Road. It was noted by the board that recent commercial development trends along Alton Road could significantly adversely impact the quality of life and historic integrity of the National Register Historic District thereby undermining the cultural tourism appeal and quality of life of the city. At the same time the Historic Preservation Board requested the Planning Department to initiate a major planning study of the Alton Road Corridor, including both sides of the road between 51h Street and Michigan Avenue, which should include an analysis and 294 Commission Memorandum Ordinance.· Alton Road Historic Buffer Overlay March 5, 2014 Page 2 of 8 evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. The board further requested that the Planning Department organize and advertise a series of community planning workshops, inviting members of the Historic Preservation Board and the Planning Board, in order to gain public input and insight from local business owners and residents so that the Department might develop a comprehensive set of planning and zoning recommendations for future development and preservation along the corridor that would enable healthy future growth and development without overwhelming or adversely impacting the historic character of the area. On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008- 3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street The Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities. On January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board. On February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input. Both community planning workshops were advertised by mailed notice to property owners, newspaper notice, and City email newsletters. On March 2, 2009, the Land Use and Development Committee adopted a motion directing the Planning Department to prepare an ordinance that would rezone the east side of Alton Road between 6 Street and 16 Street from the CD-2 district to the CD-1 district, and to review the uses and to the extent that there is a floor area incentive for mixed-use buildings, require that the additional FAR be set aside for affordable or workforce housing, and to refer the item to the Planning Board. On March 18, 2009, the Mayor and City Commission discussed the motion from the Land Use and Development Committee and clarified their intent to consider other options, including an overlay district that would remove the floor area ratio incentive for mixed-use projects. During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Department staff held additional detailed discussions with the Board on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District. The proposed Alton Road-Historic District Buffer Overlay is the result of those discussions. On October 27, 2009, the Planning Board held a public hearing on the proposed overlay district and heard testimony from residents who were unhappy with some aspects of the draft ordinance. The Planning Board continued the hearing to the November 17 meeting and asked staff to meet with the concerned residents to try to resolve their issues. The Planning Department held two meetings with the residents on October 30 and November 9, 2009. The public hearing at the Planning Board meeting on November 17, 2009 resulted in several additional amendments to the proposed ordinance. The Planning 295 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay March 5, 2014 Page 3 of 8 Board recommended approval of the amended overlay district by a vote of 5 to 0. Subsequently, the Administration made a determination that the amendments added to the ordinance during the November 171h public hearing, specifically amendments dealing with land use restrictions, may require a different type of notice to property owners than was provided for the previous public hearings. To avoid any legal challenges, the overlay district was brought back to the Planning Board in the same form as it was approved in November, 2009, with 30-day notice mailed to all property owners in and within 375 feet of the proposed overlay district. On February 25, 2010, the Land Use and Development Committee discussed the proposed Alton Road Historic District Buffer Overlay. The Committee recommended that the ordinance be approved, and indicated that it does not need to come back to them unless there is a major material change made by the Planning Board. On April 27, 2010, the Planning Board held a second public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. The Planning Board voted 5 -0 to recommend approval of the ordinance with an amendment that deleted the "no variances" provision. Subsequently, at their meeting on May 25, 2010, the Board voted 3 -2 to reconsider their recommendation and to schedule the item for rehearing. On August 24, 2010, the Planning Board held a third public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. Based on objections from commercial property owners who were not present during the first two hearings, the Board voted separately on each of several amendments to the ordinance. Individual amendments that were approved by the Planning Board have been incorporated into the ordinance. However, a final vote to recommend approval of the entire ordinance, as amended, failed by a vote of 3-2 (four affirmative votes are required to approve a request that requires City Commission approval). On November 1, 2010, the Administration hosted a meeting between attorneys representing certain property owners who objected to the ordinance and representatives from the neighborhoods in an attempt to forge a compromise on several limited points of disagreement. As a result of that meeting, the Administration is proposing an alternate version of the ordinance that we believe satisfies the most critical objections from both sides; while at the same time it represents sound planning principles and the interests of the city-at-large. A summary chart of the disputed issues and proposed changes to the ordinance is enclosed as Attachment A, and each issue is discussed in the analysis below. On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and City Commission continued the first reading to the January 19, 2011 meeting and referred the item to the Land Use and Development Committee for discussion. The LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011. On May 18, 2011 the LUDC moved the ordinance to pending items based upon failure of various stakeholders to agree on details of the proposed Alton Road Historic District Buffer Overlay district. On January 23, 2013, the Ordinance was transmitted by the Land Use Committee to the full City Commission with a favorable recommendation. On June 5, 2013, the City Commission discussed the proposed Ordinance at First Reading, and continued the item to a date certain of October 16, 2013. On October 16, 2013, the item was continued to 296 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay March 5, 2014 Page 4 of 8 the December 11, 2013 City Commission meeting. On December 11, 2013, the item was continued to a date certain of January 15, 2014. ANALYSIS The purpose of the Alton Road -Historic District Buffer Overlay District is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned C0-2 Commercial Medium Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district regulations are intended to achieve a more compatible relationship of scale and massing between the Alton Road corridor and the adjoining residential neighborhoods. The locations of the proposed overlay district are as follows: Area 1 includes those properties fronting on the east side of Alton Road from 6 Street to 11 Street. Existing zoning is CD-2 adjacent to RM-1 in the Flamingo Park Historic District. Area 2 includes those properties fronting on the east side of Alton Road from 14 Street to 15 Street. Existing zoning is CD-2 adjacent to RS-4 in the Flamingo Park Historic District. Area 3 includes those properties fronting on the east side of Alton Road from 17 Street to the Collins Canal, except for the corner property adjacent to 17 Street. Existing zoning is C0-2 adjacent to RS-4 in the Palm View Historic District. The proposed ordinance limits the floor area ratio (FAR) to a maximum of 1.5 by removing the existing bonus of .5 FAR for mixed-use buildings. This will make new construction along Alton Road more compatible in scale and intensity with the adjoining historic neighborhood zoned RM-1, which has existing buildings that range from 0.5 to 1.25 FAR with a few scattered sites over 1.25 FAR. During the planning process, various alternatives were considered, including down-zoning from C0-2 to CD-1, which has a maximum FAR of 1.0 with a mixed-use bonus of .25 FAR. After much discussion and analysis, it was ultimately decided that 1.5 FAR is suitable for Alton Road development. This is based on many factors, including the importance of Alton Road as a commercial corridor and the existing bus and potential future transit linkages (e.g. Bus Rapid Transit). From an urban design viewpoint, the proposed overlay district forms a gradual stepping up of the intensity from RM-1 on the residential neighborhood to the east, to a maximum of 1.5 FAR on the east side of Alton Road, to a maximum of 2.0 FAR on the west side of Alton Road, to a maximum of 2.25 FAR (2.75 for large lots) on the Bayfront in RM-3. However, it must be noted that FAR alone does not define the building envelop that is necessary to assure compatibility with the historic district. The height and setback regulations described below are also necessary to achieve this goal. Another alternative that was discussed during the planning process was to keep a FAR bonus for residential uses in a mixed-use building, but to make the bonus an incentive to provide affordable or workforce housing. The Planning Board did not support this recommendation due to their consensus to limit FAR to a maximum of 1.5. The maximum building height in the Planning Board recommended ordinance is 43 feet along Alton Road and a maximum of 23 feet in the rear portion of the lots within 50 feet from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-1 district for blocks with no alley between 8 Street and 11 Street. The 23 feet height limit in the rear of the lots is based upon maintaining consistency with the predominant 2-story height of existing buildings in the RM-1 district. For lots adjoining 297 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay March 5, 2014 Page 5 of 8 single family districts, the 23 feet height limit will also ensure a compatible transition in the rear portion of the commercial property. The administration has an alternative recommendation for maximum building height of 50 feet along the front portion of the lots fronting Alton Road and 28 feet in the rear portion of the lots. This change is based upon information supplied by property owners concerning industry standards for minimum ceiling heights in new retail, restaurant and office buildings. However, this recommendation is subject to building separation requirements for larger site development (see below) to prevent monolithic buildings at 50 feet height. The building height limitations in the proposed overlay district are coupled with rear yard setbacks to achieve the appropriate buffer between the RM-1/RS-4 districts and the C0- 2 district. Proposed minimum building setbacks in the rear yard are 25 feet for lots with no alley and 5 feet for lots with an alley. The existing CD-2 and CD-1 zoning districts have a 5 feet minimum rear setback irrespective of whether there is an alley (20 feet width) to provide adequate separation between the buildings. The overlay district proposes a minimum 5 feet setback on the front and side facing a street. This is necessary to provide adequate pedestrian circulation space to support alternative modes of transportation and sustain a vibrant commercial district. The overlay district as amended by the Planning Board has no minimum interior side yard setback, nor does it have provisions for building separation, lot aggregation or view corridors on larger lot assemblages. Instead, the Planning Board version of the ordinance contains language requiring architectural treatments on the fa9ades of buildings to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district. This could be accomplished by such things as small variations in setbacks, window placement, or vertical and horizontal design elements on the fa9ade, subject to design review. This was the recommendation of the Planning Board in November 2009 following extensive workshop discussions wherein the Planning Department staff had recommended various formulas for requiring a complete physical separation between adjacent buildings on the upper stories above ground level retail. The intent was to prevent a continuous wall of 40-50 feet tall buildings that would be inconsistent with the small lot development pattern of the historic residential neighborhoods. The current recommendation from the Administration is retain the language developed by the Planning Board with the clarification of "east and west" facades, and to add a paragraph requiring building separation under limited circumstances as follows: "Any development greater than 43 feet in height on a lot with more than 150 linear feet of frontage along Alton Road shall have a separation between all portions of the structure above a height of 28 feet, so that there is a minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along the Alton Road corridor''. The overlay district contains 9 contributing buildings in the Flamingo Park Historic District. Those contributing buildings are proposed to be subject to two of the same conditions applied to historic buildings in the adjoining RM-1 zoning district. Those include a prohibition on demolition of architecturally significant portions of the building and prohibition of building within a historic courtyard. Residents of the Flamingo Park neighborhood were concerned about impacts of noise and traffic from intensive commercial uses. Therefore, the proposed overlay district modifies the underlying CD-2 land uses in several ways. One of them is by prohibiting retail uses, restaurants, bars, entertainment establishments and similar uses at any level above the ground floor. An exception is provided for loft or mezzanine within the interior of a ground floor commercial space, provided that the loft or mezzanine does not exceed 298 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay March 5, 2014 Page 6 of 8 one third of the floor area of the store. Based upon objections from property owners, the current Administration recommended ordinance deletes the language limiting the loft or mezzanine to one third of the floor area, and replaces it with language permitting "a second floor within a ground floor commercial space, if it functions as one single contiguous establishment and is only accessible to the public through the contiguous ground floor commercial space." This would allow two full floors inside any given retail store, similar to CB2 or Borders book stores, but it would not allow multilevel shopping centers. No alcoholic beverage establishment, entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel guests may use these areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. No variance to this provision would be permitted. In accord with the objective of encouraging locally oriented retail and service uses that are compatible in scale and character with the historic districts, the overlay district requires conditional use approval for any individual retail, restaurant, bar, entertainment establishment or similar establishment in excess of a certain size threshold. The Planning Dept. conducted a detailed survey of businesses in the Alton Road corridor and determined that a threshold of 5,000 sq. ft. generally separates businesses that primarily serve the neighborhood population from businesses that primarily serve the entire city and beyond. To provide a generous margin of error, staff doubled the recommended threshold to 10,000 sq. ft. for conditional use approval. The Planning Board changed the conditional use threshold from 10,000 sq. ft. to 20,000 sq. ft. by a 4-2 vote at their meeting on August 24, 2010, based upon objections from property owners. The Administration's recommendation is to keep the original threshold of 10,000 sq. ft. per establishment for conditional use approval based upon the analysis conducted by the Planning Department. A majority of the discussions during the community workshops and Planning Board meetings centered upon the blocks between 6th and 11th Streets. However, it was noted that there is an incompatible scale relationship between the CD-2 zoning district and adjoining RS-4 single family zoning districts located in the 1400 block and the 1700 block. Down-zoning to CD-1 was considered for these two blocks, but the Planning Department recommends that the proposed overlay district will provide a more effective buffer than CD-1 due to the height and setback regulations in the overlay district. At their August 24, 2010 meeting, the Planning Board voted 5-1 to remove lots 15 and 16 from the overlay district (northeast corner of 17 Street and Alton Road). PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on 3 separate occasions, as noted hereto: 1. On November 17, 2009 the Board recommended approval by a vote of 5 to 0. 2. On April 27, 2010, the Board recommended approval by a vote of 5 to 0. 3. August 24, 2010, the Board transmitted the Ordinance by a vote of 3 to 2. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic 299 Commission Memorandum Ordinance: Alton Road Historic Buffer Overlay March 5, 2014 Page 7of 8 impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. By nature, a zoning district amendment does not have direct costs to the City, but it may affect long term revenue from property tax, sales tax and other revenue streams. Although some property owners have argued that the proposed overlay zoning will diminish their property values, the Administration believes that this is claim is highly speculative, especially if the Administration's alternate ordinance is adopted. The Administration's proposal would preserve all of the most valuable development rights on each parcel, with the exception of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this is a bonus and not as-of-right floor area, it is difficult to say whether any real development would be sacrificed. There are no existing buildings in the district that have used this bonus. Counterbalancing any potential loss of development rights on private property is the companion ordinance creating Parking District #6, which will reduce minimum parking requirements thereby creating significant savings to private property owners in the cost of providing parking spaces. This ordinance is also expected to generally enhance property values throughout the neighborhood by permitting appropriately scaled infill development and by encouraging the development of smaller, locally oriented businesses. SUMMARY/UPDATE The proposed ordinance was originally a companion item to the Alton Road Parking District No. 6 Ordinance, which was adopted by the City Commission on September 11, 2013. The proposed Ordinance, which was discussed by the Commission on June 5, 2013, and continued to October 16, 2013, has been fully re-noticed for First Reading, as it has been determined that it requires two (2) full readings, and not just one. On October 16, 2013, the subject Ordinance was continued to the December 11, 2013 Commission meeting. On December 11, 2013 the item was continued to a date certain of January 15, 2014. On January 15, 2014, the City Commission approved the subject Ordinance at First Reading and scheduled a Second Reading Public Hearing for February 12, 2014. The approval at First Reading included the deletion of the previous proposal to remove the maximum floor area ratio (FAR) bonus for mixed-use projects in the CD-2 districts; this change was incorporated into the Ordinance. However, subsequent to the initial action by the Commission on January 15, 2014, it was discovered that the item was not considered as a 'Public Hearing', as required by Code. Therefore, the Administration has re-noticed the matter and placed the item on the February 12, 2014 agenda for a new First Reading Public Hearing. On February 12, 2014, the City Commission held a First Reading Public Hearing, and approved the Ordinance subject to the following modifications, which have been incorporated into the revised Ordinance proposed for Second Reading: 1. The maximum number of stories has been increased from 4 to 5. 2. The distance separation from an alley for the 28' height limit at the rear of a development site has been corrected to be 40', not 50'. 3. Retail uses at any level above the ground or first floor shall not exceed 2,500 square feet per tenant. As indicated in the original draft of the Ordinance, this subsection shall not apply to existing and proposed retail uses in buildings existing in this district as of the effective date of this ordinance. 4. As it pertains to contributing buildings or properties, the requirements for historic 300 Commission Memorandum Ordinance. Alton Road Historic Buffer Overlay March 5, 2014 courtyards has been clarified to prohibit 'substantially enclosed' structures. Page 8 of 8 In addition to the above noted changes, it has been suggested that retail uses at the ground or first level not exceed 10,000 square feet. The Administration believes that such a change would be minor in scope and could be included as part of the adoption of the proposed Ordinance at Second Reading. Section 118-164 of the City Code requires that at least one hearing on this item be held after 5:00 p.m. on a weekday, unless the City Commission, by a majority plus one vote, elects to conduct the hearing at another time of day. First Reading for the Ordinance was held prior to 5:00pm on February 12, 2014. As City Hall must close no later than 4:00 pm on March 5, the Administration recommends that Second Reading of the Ordinance be continued to the next Commission meeting in order for it to be heard after 5:00pm. CONCLUSION The Administration recommends that the City Commission open and continue Second Reading of the Ordinance to a date certain of April 23, 2014. JdtM T:'AGENDA\2014\March'Aiton Road Buffer Overlay-MEM 2nd Read OC.docx 301 Alton Road Historic District Buffer Overlay ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD-HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION; DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, in the summer of 2006, the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6 Street and 14 Street, and requested the Planning Department to initiate a major planning study of the Alton Road corridor, including both sides of the road between 5 Street and Michigan Avenue, to include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape; and WHEREAS, on January 1, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and WHEREAS, the Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities; and WHEREAS, on January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board; and WHEREAS, on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street; and 302 WHEREAS, on February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input; and WHEREAS, on March 2, 2009, the Land Use and Development Committee adopted a motion directing the Planning Department to prepare an ordinance that would rezone the east side of Alton Road between 6 Street and 16 Street from the CD-2 district to the CD-1 district, and to review the uses and to the extent that there is a floor area incentive for mixed-use buildings, require that the additional FAR be set aside for affordable or workforce housing, and to refer the item to the Planning Board; and WHEREAS, on March 18, 2009, the Mayor and City Commission discussed the motion from the Land Use and Development Committee and clarified their intent to consider other options, including an overlay district that would remove the floor area ratio incentive for mixed-use projects; and WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Board held additional detailed discussions on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District; and WHEREAS, the proposed "Alton Road -Historic District Buffer Overlay'' district responds to concerns expressed by the Planning Board, the Land Use and Development Committee and local residents by requiring among other things, a more compatible relationship of scale and massing between new development along the east side of the Alton Road corridor and the adjoining residential neighborhoods, by promoting mixed-use development that makes efficient use of parking, by minimizing the concentration of impacts from intense retail and restaurant development and by encouraging smaller neighborhood- oriented uses. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article Ill, "Overlay Districts," Division 8 "Alton Road -Historic District Buffer Overlay" is hereby created as follows: DIVISION 8. ALTON ROAD-HISTORIC DISTRICT BUFFER OVERLAY Sec. 142·858. Location and purpose. (a) The regulations of this division shall apply to properties within the following boundaries. which shall be known as the Alton Road -Historic District Buffer Overlay. ( 1) Area 1 shall be those properties fronting on the east side of Alton Road from 6th Street to 11th Street. (2) Area 2 shall be those properties fronting on the east side of Alton Road from 14th Street to 15th Street. (3) Area 3 shall be those properties fronting on the east side of Alton Road from 1 th Street to the Collins Canal. 2 303 (b) The purpose of this overlay district is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District Specifically the overlay district is intended to apply to properties zoned CD-2 Commercial Medium Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district regulations are intended to achieve a more compatible relationship of scale and massing between the Alton Road corridor and the adjoining residential neighborhoods, to promote mixed-use development that makes efficient use of parking. to minimize the concentration of impacts from intense retail and restaurant development and to encourage smaller neighborhood-oriented uses. Sec. 142-859. Development regulations. The following overlay regulations shall apply within the Alton Road -Historic District Buffer Overlay District. All development regulations applicable to and/or in the underlying zoning district shall apply, except as follows: (a) Maximum building height. The maximum building height in this district shall be 50 feet and a maximum of 5 stories. except that building height shall be limited to 28 feet within 40 feet from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-1 district for blocks with no alley between 8 Street and 11 Street. There shall be no variances for building height. (b) Minimum setbacks. (1) Front-5 feet. (2) Side facing a street-5 feet. (3) Interior side-0 feet. (4) Rear-for lots with a rear property line abutting an RM-1 or an RS-4 district the rear yard setback shall be a minimum of 25 feet; for lots with a rear property line abutting an alley (Lenox Court) the rear setback shall be a minimum of 5 feet; otherwise the rear setback shall be a minimum of 7.5 feet. {5) There shall be no variances for building setbacks, except for triangular lots. (c) Building separation: (1) The east and west facades of any building constructed on more than 50 linear feet of frontage along Alton Road shall be divided into segments with building massing and architectural treatments intended to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district. (2) Any building greater than 43 feet in height with a footprint that occupies more than 150 linear feet of frontage along Alton Road shall have a separation between all portions of the building above a height of 28 feet, so that there is a minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along the Alton Road corridor. 3 304 (d) The following regulations shall apply to lots containing contributing buildings in the Flamingo Park Historic District within the Alton Road -Historic District Buffer Overlay. (1) Only those portions of a contributing building that were not part of the original structure on site. or that have not acquired any type of architectural significance, as determined by staff or the historic preservation board, may be issued a Certificate of Appropriateness for demolition. (2) For contributing buildings or properties. no building or substantially enclosed structure shall be permitted within an existing historic courtyard. For purposes of this subsection. an historic courtyard shall be defined as a grade level space, open to the sky, which is enclosed on at least two sides by an existing building or structure on the same property and is an established architectural or historic component of the site or building design by virtue of significant features and/or finishes, including, but not limited to, paving patterns, fountains, terraces. walkways or landscaping. (e) Land Use: Main permitted uses, conditional uses and accessory uses shall be permissible as set forth in the CD-2 district regulations. with the following exceptions: (1) Restaurants, bars, entertainment establishments and similar uses shall not be permitted at any level above the ground floor. except that a loft or mezzanine containing these uses may be permitted within the interior of a ground floor commercial space. (2) Retail uses shall not exceed 10.000 square feet at the ground or first level. Retail uses at any level above the ground or first floor shall not exceed 2.500 square feet per tenant. This subsection shall not apply to existing and proposed retail uses in buildings existing in this district as of the effective date of this ordinance. (2) Any individual ffita#r restaurant, bar. entertainment establishment or similar establishment in excess of 10,000 square feet. inclusive of outdoor seating areas. shall require conditional use approval. The regulations in Chapter 142, Article V. Division 6, Entertainment Establishments, shall continue to apply to uses in this overlay district. (3) No alcoholic beverage establishment. entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor {any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel quests may use these areas. which may include a pool or other recreational amenities. for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. SECTION 2. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami 4 305 Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of ________ ,, 2014. MAYOR ATTEST: CITY CLERK APPROVED AS TO First Reading: Second Reading: February 12, 2014 April 23, 2014 Verified by:=-:----=-----,---,-------,--:-::-=- Thomas R. Mooney, AICP Acting Planning Director Underscore denotes new language FORM AND LANGUAGE & FOR EXECUTION zJz) J,'5 J ate Double Underscore denotes language added for Second Reading 0€l~=.~li!le Stril~etRre~;~~R denotes language deleted for Second Reading T:IAGENDA\2014\March\Aiton Road Buffer Overlay-ORD 2nd Read OC.docx 5 306 w 0 ....... 14NE I THURSDAY, FEBRUARY 20, 2014 NE CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN tllat a first reading/J)IJbllc hearing will be held by ltle Mayor and City Commissioners of the City of Miami Beach, Florida, In the Commission Cllambers, 3"' Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. on Wednesday, March 5, 2014 to consider: 11:30a.m. Rle No. 2144. RM-2 HOTEL OFFICE USES. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article II"Distrlct Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Mu~ifamlly, Medium Intensity," Section 142-212, "Main Permitted Uses," To Expand The Allowable Uses In The RM-2 District To Include Certain Types Of OffiCe Uses That Are Associated With Nearby Hotels on Collins Avenue; Providing For Repealer; Severability; Codification; And An Effective Date. Inquiries may be directed to the Planning Department at 305·673-7550. The RM-2 zoned properties that may be impacted by the proposed Ordinance are shown on the Map_ All interested parties are invited to appear at til is meeting or be represented by an agent, or to express their views in writing addressed to tile City Commission, c/o City Clerk, 1700 Convention Center Drive, City Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available In the Planning Department This meeting or this ~em may be continued, and under such circumstances, addrtionallegal notice need not be provided. Pursuant to Florida Statutes §286.0105, the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or Its hearing, such person must ensure that a verbatim record of the proceedings is made, which record must include the testimony and evidence upon wllieh the appeal is to be based This notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or Irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible lormat, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at 305-673-7 411(voice) or TTY users miiY also call the Florida Relay Service at 711. Rafael E. Granado, City Clerk Ad 865 !-!IIA./v\1 BEACH MiamiHerald.com I MIAMI HERALD CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT ~\_....... REGULATIONS OF THE CITY OF MIAMI BEACH ~ CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that tile City of Miami Beach proposes to adopt tile following ordinance, a first reading/public hearing will be held by the MiiYor and City Commissioners ol the City of Miami Beach, Florida, in the Commission Chambers, 3"' Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, on Wedn86day, March 5, 2014at 10:25 a.m. to c:onsider: Alton Road Historic District Buffer Overtar. An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulabons," Article Ill. "Overlay Districts," Creating Division B "Alton Road-Historic Dlstrct Buffer Overlay." By Including Section 142·B58 "Location And Purpose," And Section 142·859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation: Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail Uses. Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring CondiUonal Use Approval Of Such Uses In Excess Of 10,000 Sq. Fl.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. Inquiries may be directed to the Planning Department at 305-673-7550. The properties tllat may be impacted by the proposed Ordinance are shown on the Map. All interested parties are invited to appear at this meeting or be represented by an agent, or to express tileir views in writing addressed to ltle City Commission, c/o City Clerk, 1700 Convention Center Drive. City Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available In the Planning Department This meeting or this item may be continued, and under such circumstances, additional legal notice need not be provided. .-------.....,""...,...,...,....,.......,..,,...,..,......,.,. ...... ..-----. Pursuant to Florida Statutes I C:::W i:E31 I LF '1 t :&F_:_i f£5: i=tii ---1 §286.01051 the City tlereby Ad 864 advises the J)IJblic that ~;~~~~~~-:~ if a person decides to i appeal any decision made "'"Z---1 ~-by the City Commission r · ,§.~J -with respect to any matter considered at its meeting or its hearing, such persoo must ensure that a verbatim record of the proceedings is made, which record must include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does It authorlze challenges or appeals not otherwise allowed by law. To request this material iU":Fit3-in accessible format, sign F ~:__~~ language Interpreters, f-t~1~''j'~~,f Information on access lor · -persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at 305-673-7 411 (voice) or TTY users may also call the Florida Relay Service at711 Rafael E. Granado, City Clerk w 0 00 X MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS '"E THURSDAY. FEBRUARY 20, 2014 I 15NE NOTICE IS HEREBV given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 5, 2014to consider the following: 10:05 a.m. File No. 2147. 4000 Alton Road, Talmudic Universlcy • FLUM Amendment-An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit"/'.:' Hereto, From The Current ROS. "Recreation And Open Space," To The Future land Use Category Of RM·2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date. (Inquiries may be directed to the Planning Department at305·673·7550.) 10:10 a.m. File No. 2148.4000 Alton Road, Talmudic University· Zoning Map Change· An Ordinance Amending The Official Zoning District Map, Referenced In Section 142·72 OfThe Code OfThe City Of Miami Beach, Florida, By Changing The Zoning District Classification For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification GU, "Government Use District," To The Proposed Zoning Classification RM·2, "Residential Multi-Family Medium Intensity," Providing For Codification, Repealer. Severability And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:2ll a.m.Aiton Road Historic District Buffer Ove~ay-Ar1 Ordinance Amending The Code 01 The City Of Miami Beach, Florida, By Amending Chapter 142, ·zoning OistnctsAnd Regulations," ArtiCle Ill, "Overlay Oistncts," Creating Division 8 "Alton Road-Historic District Buffer Over1ay,• By Including Section 142"858 "Location And Purpose," And Section 142-859 "Development Regulations." Including Among Other ProvisiortS Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673·7550.) 10:40 a.m. Building Department Permit Fees -An Ordmance Amending Chapter 14 Of The City Code. Entitled "Building RegulatiortS," By Amending Article II, Entilled "CoflStructlon Standards," By Amending Division 2, Entitled "Permit Fees," By Amending The Following Sections Therein, To Wit: Section 14-61, Entitled "Permit Fees, Generally"; Section 14-62, Entitled "Building Permits"; Section 14-63, Entitled "Plumbing Perm~s"; Section 14-64, Entitled "Electrical Permits"; Section 14·65, Entitled "Mechanical Permits"; Section 14-66, Enmled "Annual Facility Permit"; Section 14·67, Entllled "Forty-Year Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign"; Section 14-70, Entitled "Generallnformatlon"; Section 14-71. Entitled "Temporary Structure": To Provide For Express Permits, Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efficient. Effective, And TrartSparent Way To Assess Fees For Building Permit Services, And By Amending Corresponding Portions 01 Division 2 01 Appendix A Of The City Code, Entitled "Permit Fees," Relating To Building, Plumbing, Electrical, And Mechanical Work, And Other Building Department Activities: Providing For Repealer. Severability, Codification, And An EHective Date. (Inquiries may be directed to the Building Department at 305·673-761 0.) 10:50 a.m. Resort Tax Ordinance-An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 102 Entnled "TaxatiOn." By Amending Article IV Entitled "Resort Tax," By Amending Division 4 Entitled "Tax," By Amending Section 102·314 Enlltled "Penalties And Interest," By Amending Subsection (F) Thereof (And Including The Corresponding AmendmentTo 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. (Inquiries may be directed to the Finance Department at 305-673·7466.) 11:00 a.m. An Ordinance Amending The Code 01 The City Of Miami Beach, By Amending Chapter 2, Entitled "'Administration."' By Amending Article Ill, Entitled "Agencies, lloards And Committees,'' By Amending Section 2·27, Entitled "Reserved,'' To Create A 5nth Vote Requirement For The Creation Of Agencies, Boards And Committees; Providing Exceptions Thereto; And Providing For Repealer, Severability, Codification, And An Effective Date.(lnquiries may be directed to the City Attorney's Office at 305-673·7470.) 11:10 a.m. Fire And Police Pension Ordinance-An Ordinance Amending Part I, Subpart B, ArtiCle IX, Related Special Acts. Of The Miami Beach City Code Ent1lled "Pension System For Disability And Retirement Of Members Of Pollee And Fire Departments"; Implementing Provisions Of The 2012·2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach. (IAFF) Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8 (FOP); Implementing Recommendations Of The Budget Advisory Commiltee. II Memorandum Of Understanding And Other Changes; Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of Liability; Use And Investment Of Fund"; "Service Record"; And Amending Section 66 Entitled "Service And Disability Benefits Generally"; Provlding For Severability; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Oat e. (Inquiries may be directed to the Human Resources Department al305-673-7524.) 11:20 a.m. A Resolution To Adopt The Third Amendment To The Capital Budget For Fiscal Year (FY) 2013/14. (Inquiries may be directed to the Office of Budget & Performance Improvement at 305-673-7510.) 11:30 p.m. RM-2 Hotel OHice Uses-An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Mullilamily, Medium Intensity," Section 142-212. "Main Permitted Uses." To Expand The Allowallle Uses In The RM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue; Providing For Repealer; Severability; Codification; And An Effective Date. (Inquiries may be directed to the Planning Department at305·673-7550.) INTERESTED PARTIES are invited to appear at this meeting, or be represented oy an agent. or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1'' Floor, City Hall, Miami Beach, Florida 33139. A oopy of this Item Is available for public Inspection du~ng normal business hours in the City Clerk's Olfice, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting or this item may be continued, and under such circumstances. additional legal notice need not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 28G.01 05, Fla. Stat, the City herelly advises the public that: 11 a person decides to appeal any decision made by the City Commission with respect to any matter considered at Hs meeting or its hearing, such perscn must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or 1rrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any acoommodation to review any document or participate in any City·sportsored proceeding, please contact us five days in advance at (305) 673-7 411 (voice) or TTY users may also call the Florida Relay Service at 711. AD#B62 m ..... COMMISSION ITEM SUMMARY Condensed Title: Second Reading/Public Hearing of an Amendment to Building Department Fee Ordinance, Chapter 14 "Building Regulations", Article II "Construction Standards", Division 2, "Permit Fees, Section 14-61 through 14-71 of the City Code. Key Intended Outcome Supported: Increase Community Satisfaction with City Government. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summary/Recommendation: SECOND READING/PUBLIC HEARING Tile Building Department is proposing amendments to Chapter 14 "Building Regulations", Article II "Construction Standards", Division 2, "Permit Fees", Sections 14-61 through 14-71 of the City Code. The following is a brief summary of the changes proposed. "Triplex" has been removed from Residential fees per the Florida Building Code. This is a change from First Reading. Reference to Department of Community Affairs has been changed to new name, the "Florida Building Commission. This is a change from First Reading. • Customers will pay a flat fee for individual expedited plans review, and a new express plan review service will be available for entire projects. • Fees will be administratively adjusted annually to reflect the Consumer Price Index for the Southeast United States. • The re-evaluation of fees where the permit costs exceed 10% of the job value is eliminated as it is no longer required due to the new method of fee calculation. • Fees for Phased Permits are established. • A discount of 25% or 12.5% is provided for projects that utilize private providers based on the level of utilization of City services. • Time limitations and other standards are clarified and established for requesting refunds from the Building Department. Fees and procedures for obtaining Certificates of Occupancy, Completion and Use are establislled. Processes and Fees are clarified and established for obtaining Annual Facility Permits. • Various "stand-alone" fees in "Appendix A" are rounded either up or down to simplify calculations. • Commercial Permit fees for all Building, Mechanical, Electrical and Plumbing permits for which the cost of construction is $30,000,000 or less will be 2% of the cost of construction, and 1% for any amount over $30,000,000 (emphasis added). • Residential Permit Fees for all Building, Mechanical, Electrical and Plumbing Permits for which the cost of construction is $1,000,000 or less will be 1.8% of the cost of construction, plus 1% of the construction cost for any amount over $1,000,000 (emphasis added). Advisory Board Recommendation: I None. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The Amendment to the Ordinance will have no impact on the City's finances. 1slat1ve Track1n MIAMI BEACH Rs c__ AGE N DA ITEM ---::-;:;-:-.=-""i"T""r DATE 3-:5-/ ~ 309 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Philip Levine and Members of he City 1:•: Jimmy L. Morales, City Manager March 5, 2014 SECOND READING/PUBLIC HEAR NG AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS,", BY AMENDING DIVISION 2, ENTITLED "PERMIT FEES," BY AMENDING THE FOLLOWING SECTIONS THEREIN, TO WIT: SECTION 14-61, ENTITLED "PERMIT FEES, GENERALLY"; SECTION 14·62, ENTITLED "BUILDING PERMITSu; SECTION 14-63, ENTITLED "PLUMBING PERMITS"; SECTION 1~64, ENTITLED "ELECTRICAL PERMITS"; SECTION 14-65, ENTITLED "MECHANICAL PERMITS"; SECTION 14- 66, ENTITLED "ANNUAL FACILITY PERMIT"; SECTION 1~67, ENTITLED "FORTY-YEAR BUILDING RECERTIFICATION PROGRAM"; SECTION 1~68, ENTITLED "OCCUPANT CONTENT SIGN"; SECTION 14-70, ENTITLED "GENERAL INFORMATION"; SECTION 1~71, ENTITLED "TEMPORARY STRUCTURE"; TO PROVIDE FOR EXPRESS PERMITS, PHASE PERMITS, PRIVATE PROVIDER FEE DISCOUNTS, PERMIT FEE REDUCTIONS AND REFUNDS, AND TO PROVIDE FOR A MORE EFFICIENT, EFFECTIVE, AND TRANSPARENT WAY TO ASSESS FEES FOR BUILDING PERMIT SERVICES, AND BY AMENDING CORRESPONDING PORTIONS OF DIVISION 2 OF APPENDIX A OF THE CITY CODE, ENTITLED "PERMIT FEES," RELATING TO BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL WORK, AND OTHER BUILDING DEPARTMENT ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance. BACKGROUND On January 13, 2010, the City Commission adopted Ordinance No. 2012-2670, modifying permit and inspection fees for building, plumbing, electrical and mechanical work and for other Building Department activities. That ordinance went into effect on February 1, 2010. Among the many changes brought about at that time, the basic fee structure was changed to provide for 310 City Commission Memorandum -Building Department Fee Ordinance Revision Page 2 of 3 fees based on the square footage and use of the project being permitted. Additional changes were adopted by the City Commission in September 2011 and September 2012, as staff gained experience with the new fee system and adjusted for certain unintended inequities and issues that arose, as well as Consumer Price Index adjustments. During the past four years since implementation, the Building Department and City Administration have had ample opportunity to receive feedback regarding fees from homeowners, residents, design professionals, expediters, staff members and other customers who are involved in the development review process. Generally, the Department's customers complain that the fee ordinance is entirely too complicated, lacks transparency in the sense that it is difficult or impossible to accurately predict permitting costs in advance due to its complexities, and poses many challenges for Building Department staff. Many customers have also complained that the actual fees as a percentage of job values vary dramatically for certain types of permits, resulting in certain permit types (i.e. residential) bearing a disproportionate burden of costs. Additionally, both internal and external auditors have commented on the complexity of the current fee structure, and the difficulties and risks associated with deriving accurate and consistent fees. The proposed changes to the fee ordinance involve charging a flat rate of 1.8% of job values for residential permits, and 2.0% of job values for commercial projects. It is important to note that these rates represent the Building Department's best efforts at estimating the generation of sufficient fees to cover the Department's costs of operation (as required by law) based on information available to staff in Permits Plus, the City's current permitting technology. As with all changes to the method of calculating permit fees, it is likely that staff will need to adjust these rates in the future once the actual revenues generated are determined. Revenues will be monitored closely and staff will return to the City Commission with proposed rate adjustments as determined necessary. Additionally, the Planning, Public Works and Fire Departments, who also collect fees as part of the development review process, and have their own separate fee ordinances, are considering changing their ordinances as well and may come forward with proposed changes in the near future. The Building Department is proposing amendments to Chapter 14 "Building Regulations", Article II "Construction Standards", Division 2, "Permit Fees", Sections 14-61 through 14-71 of the City Code. The following is a brief summary of the changes proposed. Please note that there are two minor changes from the First Reading of this Ordinance. • "Triplex" has been removed from the residential category for fee purposes per the Florida Building Code. This is a change from the First Reading of this Ordinance. • A reference to the "Department of Community Affairs" has been changed to the "Florida Building Commission". This is a change from the First Reading of the Ordinance to reflect the new name. • Customers will pay a flat fee for individual expedited plans review, and a new express plan review service will be available for entire projects. • Fees will be administratively adjusted annually to reflect the Consumer Price Index for the Southeast United States. • The re-evaluation of fees where the permit costs exceed 1 0% of the job value is eliminated as it is no longer required due to the new method of fee calculation. • Fees for Phased Permits are established. • A discount of 25% or 12.5% is provided for projects that utilize private providers based on the level of utilization of City services. 311 City Commission Memorandum -Building Deparlment Fee Ordinance Revision Page 3of3 • Time limitations and other standards are clarified and established for requesting refunds from the Building Department. • Fees and procedures for obtaining Certificates of Occupancy, Completion and Use are established. • Processes and Fees are clarified and established for obtaining Annual Facility Permits. • Various "stand-alone" fees in "Appendix A" are rounded either up or down to simplify calculations. • Commercial Permit fees for all Building, Mechanical, Electrical and Plumbing permits for which the cost of construction is $30,000,000 or less will be 2% of the cost of construction, and 1% for any amount over $30,000,000 (emphasis added). • Residential Permit Fees for all Building, Mechanical, Electrical and Plumbing Permits for which the cost of construction is $1,000,000 or less will be 1.8% of the cost of construction, plus 1% of the construction cost for any amount over $1,000,000 (emphasis added}. CONCLUSION The City Administration recommends that the Mayor and Commission adopt the Ordinance provided as Attachment A. ATTACHMENTS Attachment A: Proposed Ordinance JLM/JJ/MVF/SS T:I.AGENDA\2014\MARCHS\BidgFee0rdAmdtMemo2NDRead.doc 312 ORDINANCE NO. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS,", BY AMENDING DIVISION 2, ENTITLED "PERMIT FEES," BY AMENDING THE FOLLOWING SECTIONS THEREIN, TO WIT: SECTION 14-61, ENTITLED "PERMIT FEES, GENERALLY"; SECTION 14-62, ENTITLED "BUILDING PERMITS"; SECTION 14-63, ENTITLED "PLUMBING PERMITS"; SECTION 14-64, ENTITLED "ELECTRICAL PERMITS"; SECTION 14-65, ENTITLED "MECHANICAL PERMITS"; SECTION 14-66, ENTITLED "ANNUAL FACILITY PERMIT"; SECTION 14-67, ENTITLED "FORTY-YEAR BUILDING RECERTIFICATION PROGRAM"; SECTION 14-68, ENTITLED jjOCCUPANT CONTENT SIGN"; SECTION 14-70, ENTITLED "GENERAL INFORMATION"; SECTION 14-71, ENTITLED "TEMPORARY STRUCTURE"; TO PROVIDE FOR EXPRESS PERMITS, PHASE PERMITS, PRIVATE PROVIDER FEE DISCOUNTS, PERMIT FEE REDUCTIONS AND REFUNDS, AND TO PROVIDE FOR A MORE EFFICIENT, EFFECTIVE, AND TRANSPARENT WAY TO ASSESS FEES FOR BUILDING PERMIT SERVICES, AND BY AMENDING CORRESPONDING PORTIONS OF DIVISION 2 OF APPENDIX A OF THE CITY CODE, ENTITLED "PERMIT FEES," RELATING TO BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL WORK, AND OTHER BUILDING DEPARTMENT ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010- 3670 ("Ordinance") which modified permit and inspection fees for Building, Plumbing, Electrical, and Mechanical Work, and for other Building Department activities; and WHEREAS, the Ordinance went into effect on February 1, 2010 and provided comprehensive amendments to the fee structure for the City's Building Department; and WHEREAS, the City Administration has worked with the new fee structure since its implementation, and the City Commission adopted additional changes in September 2011 and September 2012 as a result of concerns raised by the development community, as well as by staff, regarding the fee amounts and the complexity of the fee structure; and WHEREAS, the City Administration has reviewed the Building Department's fee structure and determined more efficient, effective, and transparent fees for these services would be accomplished with a fee structure similar to those that have been successfully implemented in other municipalities in Miami-Dade County; and WHEREAS, in an effort to align revenues to the incurred costs of the Building Department, the fee structure set forth in this Ordinance should be adopted; and 313 WHEREAS, the City Administration recommends that the City Commission approve the Building Department fees relative to the Building Development Process as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Chapter 14 11 8uilding Regulations", Article II "Construction Standards", Division 2 "Permit Fees", Sections 14-61 through 14-71 of the City Code is hereby amended as follows with other existing sections being provided for reference purposes: Section 14-61. Permit fees, generally. (a) Levied. Permits, inspections and other fees of the building department of the city are hereby levied and imposed and shall apply to building, plumbing, electrical and mechanical permits and other activities undertaken by that department. (b) Double fees. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing systems before obtaining the building official's approval or the necessary permits shall be subject to a penalty of 1 00 percent of the required permit fee, in addition to the required permit fees, plus a penalty for the first, second and subsequent offenses as outlined in appendix A. (c) Reinspection fees. (1) With respect to inspections, if the city finds it necessary, in order to enforce compliance with the Florida Building Code, to conduct an inspection, after an initial inspection and one subsequent reinspection, of any project or activity for the same code violation specifically and continuously noted in each rejection, including but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, a fee of four times the cost of initial inspection or first reinspection, whichever is greater, for each subsequent reinspection shall be paid. The inspection cost is determined by multiplying the actual time spent by the inspector by the inspection fee hourly rate, as defined in subsection 14- 61 (g) and as specified in appendix A. (2) Payment of the reinspection fee shall be required before any subsequent permits will be issued to the person or entity owing same. Further inspections may be withheld until payment of reinspection fees has been made. (d) Lost plans fee. When permitted set of plans are lost by the applicants, owners, contractors, or any of their representatives, a recertification fee will be required to 2 314 reproduce, stamp and approve a new set of plans as a field copy. Such fee shall be based on a cost per page as specified in appendix A, plus an administrative processing fee as outlined in appendix A. (e) Revised plans processing fee. The charge for plans processing of revisions to a permitted set of plans shall be based on the plan reviewer's actual review time multiplied by the hourly rate as specified in appendix A, plus an administrative processing fee as outlined in appendix A. (f) Lost permit card fee. After a permit has been issued, if the permit inspection card has been lost, a replacement fee as specified in appendix A shall be charged. (g) Plans review and inspection fee hourly rate. The plans review and inspection fee hourly rate, as specified in appendix A, is determined at the beginning of each fiscal year based on the building department's approved overhead and indirect costs and the resources assigned to the plan review and inspection program. (h) Dedicated inspectors. Dedicated inspectors may be requested by the applicant to be assigned solely to their project for a specified number of hours per day. This request may be granted by the building official, at his/her sole discretion and judgment. If a request is granted, the building official will use city inspectors for this effort and secure a contractor to back-fill the regular duties of the city inspector. The applicant will, in addition to the regular permit and other applicable fees, reimburse the direct cost incurred by the city to pay for the services of the contractor who is back-filling for the city inspector. (i) Plans re-review fee. When extra plans reviews are due to the failure to correct code violations specifically and continuously noted in each rejection, including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, in compliance with F.S. § 553.80(2)(b), each time after the third such review that plans are rejected for the same code violation, a fee of four times the cost of the upfront fee of that permit. U) Expedited plans review and inspection fee. Upon request from the applicant, the department may schedule an expedited plans review or inspection, on an overtime basis by city staff. When such service is provided, the applicant will reimbl:lrse the city for the cost of the city er:nployoo(s) a fee as specified in appendix A shall be charged, in addition to the regular permit fee and other applicable fees. Express plan review service may be requested by the applicant with a cost plus fee incurred in addition to the regular permit fee and other applicable fees. 3 315 (k) Permits for work not identified in appendix A. If it is determined that no specific fee category directly matches a permit application request, the building official may identify a category that closely matches the level of effort or determine what the work will be charged at based on the time dedicated for plans review and inspection. The building official may require an upfront fee and a deposit to cover the estimated cost of the services to be provided. (l) City projects. The cost of enforcing the building code on city related projects will be reimbursed based on the actual time spent in the processing, review and inspection of such projects. The payment will be due prior to issuance of the certificate of occupancy or completion for the project. Effective October 1, 2011, for any active permit applied for on or after February 1, 2010, fees shall be based on the permit fee schedule in place at the time of the permit application submittal, and should be paid accordingly. (m) The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for Consumers in the Southeast United States for all items.:., unless othervtise eliFected by the city commission. Not>Nithstanding the preceding sentence, the rate adjustments set to take plase in febr1:1ary 2011 and febr1:1ary 2012 shall be waived, finding such waiver to be in the best interest of tho Gity and the publis. (n) Electronic concurrent plan processing. In order to create a more efficient permitting process, the building department has established procedures to process plans electronically via a concurrent automated workflow. The department requests that applicants submit plans in an electronic format. If the applicant chooses to submit paper plans, the director, or his designee has the authority to invoice for reimbursement of the conversion of construction documents submitted to an electronic format. (o) The rates in Appendix A for permit fees pertaining to this chapter shall be reevaluated administratively no less than every three years from the last adopted changes. Any recommended changes shall be brought to the city commission for consideration and final approval. (p) If the permit fee (including all city department permit fees, but not including any o1:1tside agency fees or s1:1rcharges referenceel in section 14 69, 14 70, or 50 3(n) herein) calculated at time of permit application submittal is greater than ten percent of the ¥alue of construction as declared on the permit application, the permit fee will be Feevaluated by the building official or histher designee. However, for those permit applications 'lr'here the value of construction is less than $1 ,000.00 or the 4 316 permit fee is the minimum permit fee, no further evaluation shall be required and the fees calculated at the time of permit application shall stand. For those permits where there are no building department plan reviews or inspections required, this responsibility shall be delegated to the department direstor in the required revie'.•J departments (such as, for example purposes only, fire, planning, public works), or their respective designees. The permit application shall pay the up front prosessing fee, as outlined in the applicable sections in Chapters 14, 15, 50 and 98 of the City Code, while the permit fee is being ree'.'aluated. The ree'v•aluation shall consist of the respective city representative(s) using industry standard cost estimating resources (as determined by them in their sole and reasonable discretion) to determine the estimated construction vah::1e. Using that determined value, the permit fee shall not exceed ten percent or the minimum permit fee identified for that type of '.vork, as outlined in appendix A, whishever is greater. If the determined construction value cannot be determined by the above indicated resources, the actual level of effort for plan review and inspestion shall be calculated and sharged, but shall not exceed the originally calculated fee at time of permit application. Refunds, if required, shall be given for any payment over a final permit fee and subject to the provisions in the applicable sestions in shapters 14, 15, 50 and 98 of the City Code regarding permit fee refunds. Phase permits. The Building Official is authorized by the Florida Building Code to provide early start approval. The holder of such permit shall proceed at the holder's own risk with the building construction and without assurance that a permit for the entire structure will be granted. A fee as specified in appendix A shall be paid. (g) Private Provider Fee. When a property owner uses the services of a licensed private company for plan review and inspections services (Private Provider), the fee will be assessed as a regular building permit with a discount of 25% of the original building permit fee. If only the plan review or the inspections are done by the Private Provider, then the fee will be assessed as a regular building permit with a discount of 12.5% of the original building permit fee. Section 14-62. Building Permits. (a) Up-front processing fee. (1) When the building permit application is received, the applicant shall pay an "up front" processing fee as specified in appendix A 5 317 (2} This processing fee is not refundable, but shall be credited toward the final building permit fee. The "up front" processing fee, after it is calculated, shall be rounded up to the nearest $5.00, with a minimum fee as specified in appendix A. (3) '.IVhen the I:JP trent processing fee is larger than the final permit fee, net including si:Jrcharges, any overages shall ee refunded in fi:JII, sueject te the limitatiens in suesection 14 €12(9). (b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to the schedule in appendix A, provided the same are for a permit required by Section 1 05.1 of the Florida Building Code, may be refunded by the building official subject to the following: (1) No refunds shall be_made on requests involving: a. Permit fees of $100.00 or less; or b. Permits revoked by the building official under authority granted by the Florida Building Code; or c. Permits cancelled by court order; or d. Permits which have expired; or e. Permits under which work has commenced as evidenced by any recorded inspection having been made by the department, unless the refund is due to an overcharge by the city. (2} A full refund shall be granted to a permit holder who takes out a permit covering work outside the jurisdictional inspection area. (3} A full refund less the minimum up-front permit fee and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that no plan review has commenced. A full refund less $100.00 or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that a permit has not been issued. A full refund less $100.00 or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit holder (to whom a permit has been issued) who requests a refund in writing within one year of payment , provided: 6 318 a. That the permit holder makes a written request prior to the permit expiration date; and b. That no work as evidenced by any recorded inspection has commenced under such permit. (4) Where there is a change of contractor {for all permit types) a fee as specified in appendix A shall be paid. involving a permit for which a fee of more than $100.00 was paid: a-The original permit holder-:-is not entitled to any refund. 1. Is not entitled to any refi:Jnd if the permit has expired or if ·...-ark, as evidenced by any recordeel inspeotion, has oommenced under such permit; 2. Is entitled to a full refi:Jnel less $100.00 or the up front processing fee, ·...-hiohever amoi:Jnt is greater, whore the permit has not m<pireel and no work, as evielenceel by any rooordoel inspection, has commenced. b. The second permit holelor shall pay: 1. ,A, full permit fee if the original permit has expired; or 2. If the permit has not expires: i. A fee specified in apponelix A to aovor tho cost of transferring the data from the original to the second permit; anel ii. The full permit fee less $1 OO.QO or the 6113 front permit fee, 'A'hichever amount is greater. (5) Where there is a change of architect or engineer (for all permit types) a fee as specified in appendix A shall be paid. invol•.ring a permit for which a fee of more than $100.00 was paid: -a-The original permit holder-:-is not entitled to any refund. 1. Is not entitled to any refund if the permit has ex13iroel or if work, as evielenceel by any recorded ins13ection, has commenceel uneler such permit; 2. Is entitleel to a full refunelless $100.00 or the up front processing fee, whichever amount is greater, where the permit has not expired and no work, as evidenced ey any recorEieel inspection, has commenced. b. The second permit hoiEier shall pay the full permit fee. (6) A fee as specified in appendix A shall be paid by the permit holder who submits a written request for a permit extension as authorized under Section 1 04.5.1.4 of the Florida Building Code. 7 319 (7) Where the permit is revoked, or becomes null and void, or expires because of lack of work or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work, pursuant to Section 1 05.4.1.1 of the Florida Building Code. If no more than 180 days of the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant may apply to renew the permit. The reapplication must be covering the same project and involving the same plans, and must be submitted with the plans and the applicant's validated copy of the original permit. A fee of 25 percent of the original permit fee, plus an additional $57.00 processing fee, shall be charged for a renewal under these circumstances. Where the permit is revoked, or becomes null and void or expires because of lack of '.York or abandonment, a new permit coverin§ the proposed construction shall be obtained before proceedin§ with the ·norl<, pursuant to Section 105.4 .1.1 of the Florida Building Code. If more than 180 days but no more than 365 days since the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant may apply to rene\'t' the permit. The reapplication must be coverin§ the same project and involving the same plans, and must be suemitted 'Nith the plans and applicant's validated copy of the original permit. A fee of 25 percent of the ori§inal permit 'fee, plus a fee of 20 percent of the new permit fee shall be charged for a rene'lo'.'al under these circumstances. For permits that have expired where the only missing component is one or more final inspections, the fee for reopening the permit, performing the final inspection(s), and providing a final approval on the permit shall be charged based on the time dedicated for inspection(s) minimum building permit fee. (8) The euilding department director is authorized to char!iJe the fees assessed prior to February 1, 2010, to those applications that are scheduled for suecontract permits, where the master euilding permit was issued prior to Feeruary 1, 2010. Every application submitted for permit will be evaluated and fees assessed accordingly whether it is for a master permit. a stand alone permit or a subcontract/trade subsidiary permit. All submittals will be assessed the fees as prescribed in appendix A or the minimum permit fee, whichever is greater. ~ The building department director is authorized to char!iJe an interest to any amount due when not paid by the d1::1e date. The interest rate shall be at the highest legal limit authorized by la·N; plus collection costs and attorneys 'fees. (c) Building permit fees are as specified in appendix A. 8 320 Section 14-63. Plumbing Permits. Plumbing permit fees are as specified in appendix A. Section 14-64. Electrical Permits. Electrical permit fees are as specified in appendix A. Section 14-65. Mechanical Permits. Mechanical permit fees are as specified in appendix A. Section 14-66. Annual Facility PerFnit. Certificates of Occupancy or Completion and Certificate of Use. The annual facility permit is adopted as outlined in Florida Building Code, Section 1 0, and the annt:Jal fees are: (1) Calculation of the initial and final annual facility permit fee. Each firm or organization which obtains an annual facility permit shall inslude in their application for such permit the total n~.::~meer of Fflaintenanse personnel including helpers and trainees there 1.::1nder assigned to building, electrical, plt:Jmbing or Frlechanisal work. The fee shall be computed ey m~.::~ltiplying the total n1.::1mber of such employees times $40.00. The Frlinimum annual facility permit fee shall be as specified in appendix A. At the expiration of the annual facility perffiit the job log shall be submitted to the euilding department for the salc~.::~lation and payFFient of any additional fee d1.::1e for the work performed according to the job log. No now annual facility perFFiit shall be issued until the f1.::1ll amount for the prior year has been paid. Certificate of occupancy or completion. In order to obtain a certificate of temporary; partial, or final occupancy or completion as required by the Florida Building Code, the following original fees shall be paid for the purpose of defraying the costs of processing the certificate, including any necessary inspections. a. Final certificate of occupancy or completion. Certificate of occupancy or completion fees shall be as specified in appendix A. b. Temporary or partial certificate of occupancy or completion. Temporary or partial certificate of occupancy or completion fees shall be as specified in appendix A. \'\'hen the final certificate of occupancy or completion is issued, the appropriate final fee charge shall be paid. The certificate of occupancy or completion is the certificate of use for that facility for the first year of operation or part thereof. (1) Certificate of use. a. No new building or premises or part thereof, except one-and two-family residences, shall be occupied until a certificate of use is issued by the city. Certificates of use shall not be issued until the premises have been inspected and found to comply with all requirements of this Code. 9 321 1. Apartment buildings, hotels and other multiple residential occupancies containing three or more units and occupied by only residential tenants shall require one certificate of use. Where these occupancies contain commercial activities in addition to residential tenants, an additional certificate of use for each commercial activity contained in the building shall be required. 2. Industrial, office and commercial buildings being occupied by a single tenant shall require one certificate of use. If an industrial, office or commercial building contains more than one tenant, an additional certificate of use shall be required for each unit occupied therein. b. A certificate of use must be obtained annually. Certificate of use renewal fees are due and payable on June 1 of each year. Any person failing to timely apply for the annual renewal of a certificate of use may be issued a certificate of use only upon payment of a delinquency penalty of ten percent for the month of July or portion thereof and an additional five percent for each month of delinquency thereafter or portion thereof until paid. Renewal payments must be received by the license section prior to the first day of each penalty month to avoid additional penalties. c. The first certificate of use issued in conjunction with a new building shall be issued at the time when a certificate of occupancy is issued and at no cost. Where individual certificates of use are required, a certificate of use shall be obtained and the charge shall be as established in subsection g., below. d. As of the effective date of this subsection, all existing buildings or premises subject to this subsection must obtain a certificate of use. e. Upon the issuance of a certificate of use for a building or premises, an annual inspection will be conducted thereafter to determine that each building or premises complies with all code requirements of the city. f. In order to obtain a certificate of use, an original fee shall be paid for the purpose of defraying the costs of all the original inspections. An annual renewal fee shall be paid to defray the costs of these annual inspections necessary to determine compliance. g. The fees for certificates of use shall be as specified in appendix A Sec. 14-67. Forty-year building recertification program. (a) There shall be a fee per building as specified in appendix A for the 40-year building recertification program, as required under Miami-Dade County Code Chapter 8, Section 8-11 (f) and as said section may be amended from time to time. (b) If a building has not been recertified in the time limitation established by the county code section referred to in subsection (a), a late compliance fee as specified in appendix A shall be paid in addition to the regular recertification fee. This fee shall also apply if the building is declared unsafe and posted and the time limitation for the requirement of a new inspection and report does not apply. However, if the building has an open permit for complete alteration and remodeling, and the building is not currently occupied, the late fee will be waived if the recertification report is included at the time of the application for the certificate of occupancy or completion. 10 322 (c) When the building recertification process has not been completed for a particular building within the maximum time limitations established by the county ordinance, a notice of violation shall be issued. If the process is not completed within 45 days of the notice of violation date, the building shall be declared unsafe and vacated at owner's expense. The building shall remain secured while vacant. If the recertification is not complete within 90 days of the date when the building was declared unsafe a new inspection report with a new fee as specified in appendix A shall be processed before the building can be declared safe for occupancy. Sec. 14-68. OGGupant Gantent sign. Annual Facility Permit. Thoro shall be a foe as Sf30cifiod in appondi* ·"'· for tho intake of an occupant load sign as specified in Florida Building Code Section 1 OOJ. The Building Official is authorized by the Florida Building Code to issue an annual facility permit. Each firm or organization which obtains an annual facility permit shall include in their application for such permit a list of licensed maintenance personnel assigned to building. electrical, plumbing or mechanical work and the estimated annual maintenance costs. The fee shall be computed using the permit fee specified in appendix A for commercial alteration/remodeling. The minimum annual facility permit fee shall be as specified in appendix A. At the expiration of the annual facility permit. the job log shall be submitted to the building department for the calculation and payment of any additional fee due for the work performed according to the job log. No new annual facility permit shall be issued until the full amount for the prior year has been paid. Sec. 14-69. Employee training. education, safety and technology enhancements. A surcharge to building, electrical, mechanical, plumbing and demolition permits will be added for training, education and safety of the building department employees, and to procure and implement the latest technologies available for enhancement of services provided by the department, according to the schedule specified in appendix A. Sec. 14-70. General information. This section contains a list of other fees collected by the building department for other departments or agencies. Specific amounts are given in appendix A. (1) A Department of Business and Professional Regulation/Florida Building Commission surcharge will be added to building permits fer the state to study building code requirements for radon gas, to all permit fees associated with enforcement of the Florida Building Code for the Professional Regulation Trust Fund as per F.S. § 553.721. This amount is nonrefundable. (2) A surcharge will be added to building permits for the code compliance program established by tRe Miami-Dade CGounty. This amount is nonrefundable. {3) A Department of Business and Professional Regulation /Building Code Administration and Inspectors Board surcharge to tho building permits will be added \·vhon processing marino structures accoFEling to schedule established by city ordinance. to all permit fees associated with enforcement of the Florida Building Code for the Building Code Administrators and Inspectors Fund as per F.S. § 468.631. This amount is nonrefundable. 11 323 (4) A fee shall be charged to any building or structure for which a certificate of occupancy is being issued. (5) A sanitation surcharge shall be charged for all building, electrical, plumbing, and mechanical and demolition permits. (6) A separate fire safety, public works and/or zoning review fee associated with the building permit process shall be charged as outlined in appendix A Sec. 14-71. Temporary structure. Notwithstanding any provision of the zoning ordinance, a temporary structure used as construction offices shall be permitted in conjunction with the construction of a building for which a valid building permit has been issued, subject to the following: (1) The use of the temporary structure shall relate directly to the building for which a valid building permit has been issued. (2) The temporary structure shall be located on the same lot as the building to which it relates or on a lot within 400 feet of the lot to which it relates. (3) The temporary structure shall be permitted only after issuance of a building permit for the building to which the temporary structure relates, and such temporary structure shall be removed prior to ~ issuance of a certificate of occupancy for such building, or within 30 days after the building permit for such building expires, whichever comes first. ~ Prior to approval of the temporary structtJre by the building official, a $2,000.00 cash bond shall be placed on deposit with the city to assure removal of such struoture in accordance with the pro·.'isions stated in this seotion. Section 3. That Appendix A is hereby amended as follows: Section this Description Amount (Effective October 15, code ~June 2 2014) Division 2. Permit Fees. 14-61(b) Double fees for starting work prior to issuance of permit, _Q]us the following _penalty: First offense 119.29 120.00 Second offense 238.51 239.00 Subsequent offenses 599.28 597.00 14-61 (c)(1) Reinspection Fee: In compliance with Fla. Stat. 553.80(2)(c), any subsequent reinspection after the first reinspection shall be charged four times the cost of first inspection or first reinspection, whichever is greater. The cost of inspections is calculated 12 324 based on the actual time spent by the inspector multiplied by the inspection fee hourly rate, as specified in subsection 14-61 (h). The actual time of inspection is rounded up to the next quarter hour segment. First reinspection 0.00 Second and subsequent re-inspection(s) Based on four times the cost of first inspection or first re- inspection, whichever is greater. Reinspection of existing building to determine Based on four times the cost of compliance with the applicable Building Code first inspection or first re- inspection, whichever is greater. 14-61 {d) Lost plans fee: Administrative processing fee ~ 50.00 Plus the cost per page reproduced: • Letter (8 "Y2 x 11), Legal (8 Y2 x 14), & Ledger (11 X 17) 1.04 • Arch 0 {24 x 36) & Arch E (36 x 48) 2.29 • Other copies, up to Legal Size 0.016 14-61 (e) Revised plans processing fee: Administrative processing fee ~ 50.00 Plus revised plans review fee: Based on actual time spent on review multiplied by review fee hourly rate, as specified in 14- 61 (g). 14-61 (f) Lost permit card fee: 7+-:1-8 78.00 14-61 (g) Plans review and inspection fee hourly rate The plan review and inspection fee hourly rate is calculated at the beginning of each fiscal year based on the department's approved budget, overhead and indirect costs and the resources assigned to the inspection program. 14-61 (h) Dedicated Inspectors The requester will pay for the dedicated inspector in addition to the regular permit fee. The fee for the dedicated inspector is based on actual time spent on inspection multiplied by the dedicated inspector's cost to the City or the inspection fee hourly rate, as specified in subsection 14-61 {g), whichever is greater. 14-61 (i) Plans re-review fee First and second re-review 0.00 13 325 Third and subsequent re-reviews: Based on four times the amount of the upfront fee as specified in 14-62{a) in compliance with F.S.S 553.80(2)(b),any subsequent re-reviews after the third review shall be charged a fee four times the amount of the proportion of the permit fee attributed to the plans review. The fee for plans review is calculated based on the actual time spent by the plans reviewer multiplied by the plans review hourly rate, as specified in subsection 14- 61 (g). 14-61 (j) Expedited Plan Review and Inspection Fee Upon request from the applicant, the Department may schedule an expedited plans review or inspection on an overtime basis by Department staff. ~All:! en SI:IGR seP.~ise is J')Fe~o~i el eel, tl=le ,A,J3J3Iisant will reimbldrse tl=le City fer tl=le sest of tl=lis 250.00 for each review or seP.,ise. inspection requested Exg_ress g_lan review -available for first review only 50% of the Building g_ermit fee line item 14-61 (p) Phase Permits Commercial New Construction 2 000.00 Commercial Alteration 1 500.00 Residential New Construction 1 000.00 14-62 (a) Up-front processing fee: percent of estimated permit fee or the minimum processing fee, whichever is greater Percent of estimated permit fee rounded up to the nearest $5.00 increment 20% Minimum up-front fee §+..8§ 50.00 14-62(b)(4)b.2. Change of Contractor Tmnsfer of elata from Baseel on one I:! our of work at the ori§inal to sesonel euilelin§l I'JSFFAit l:!oleler 1,ttl:!ere no RO!:jrJy rate as sj3esifieel in work l=las sommenseel "'' oh.,..o,...+i"n 1A~~1 /n\ 100.00 14-62(b)(4)b.2a Change of Architect or Engineer Transfer of elata from OFi§iRal to sesenel 9uileliR§ j::)SFmit l=loleler 155.00 wl:!eFe werk l=las sommenseel 100.00 14-62(b )(6) One time request for Building permit extension 103.70 (permit must not be expired) 100.00 14-62(b )(6) Additional reguest for Building g_ermit extension 100% of Building g_ermit fee line (permit must not be exoired) item 14 326 14-62 (c) Building Permit Fees: Minimum Permit Fee ~GJ.7G 100.00 Commercial Permit Fees for Building Permits Permit fee for a building whose estimated construction cost is egual to or less than ~30 million is 2.0% of the cost of construction as a~~roved by the Building Official or his designee, glus 1.0% of the construction cost for any amount over $30 million as approved by the Buildina Official or his desianee. Residential Permit Fees for Building Permits Residential: Sinale familY. Duplex Permit fee for a building whose estimated construction cost is egual to or less than ~1 million is 1.8% of the cost of construction as ag~roved by the Building Official or his designee, ~Ius 1.0% of the construction cost for anY amount over $1 million as approved by the BuildinQ Official or his desianee. GGGidPAAJG¥ +-YPE INGRfiMEN+At GGS+ ~ ,lf!\IG~eA4eflt~Af: 1{){) SQIJARe .~r hh:,., 11 l"r.n~#rr 1r-*i.r.n .r.r Oa, .~;. 1r<:>fi.r.n nf ~'"'""""' Gest Pef 1{){) Sfti:JBffJ F6et ~Jasefl eR GSSI:JfJBRGY ~e as flefiRed 13;1 the • ~eFifia Sf:Jttfi.fRf} Gefie . Samf)Jes ef GGSf:lfJBRGY Types are fJrfJvifiod fer ,\V-1:J8t:cat.ive f3f:lfJ39Ses ooly. aRfi. a.r:e Ret iRet~:~sive ef ""II 11<'1'"1~ tuifhin a.,,-.h /'"\,..,..,,,...,.,,.., THnn +l=le fee is salsbllate9 9ase9 eA tl:le tetal SE11::18Fe feeta~e FAblltij3lie9 By tRe Fate j3eF SE11::18F9 feet, iR ~ "" .... .... ... ~-, .. ,...,I., """' "'' =~= "' ... ,1. I INGREMEN=I=Ab GGGYI=!,~NG¥ +¥1=1E GGS+ I=IER INGREMefiJ+.~.b~ GG SQUARe Fee+ t>, ~ , .~.sseFAely Fixe9 ~eatiA~ (+l=leateF, GeAseFt MaU1 a I In +n ':!. (\(\(\ c-r. '"''""' foot J~ ~. ~ G I [;,.,.,,...... 'l f'lf'lf'l ..,...,, ,...,,....,. f,..,..~ ~"" -1 1=: (\(\(\ ~...,, ,,..,,. ..... foot abO¥e fee pl1::1s ~ I ' a l:"rnrn 1 t:; f'l(\1 .,.,, 1-:>ra faat t,.... !=;(\ (\(\(\ .,...,,,..,.,.o foot abeve fee J3h:l6 ~ ' ·~ ~_ ...... _,..,...~ ..... '1--'- A 2, AsseFAely P:ee9 aREl blFiRI" (RestabiFaRt, "'~ ... h+ f"lo .h c ... .-\ I I In +n ':!.!=;(\ ~,..,, ,...,,..,. fo ..... + 6~~-~G Crn'""' '::11=:(\ ,....., '""'""'"' foot t,., 1 7J::f'l ,..,., "'""ro fo..,t aeove fee pl1::1s 2G6.fHl ' .brJ"U"Y\ 1 71=:1 "''"'' ~-•• ~ ') J::f\('1 ~-abeve fee pi tiS 2G6.58 ' ' Crn ...... 'l J:;f\-1 .,...,, '""'""" f .......... t +'"' 17 t:;nn .,.,.., ,..,.,. ..... foot aeove fee pl1::1s ~G~.43 ' ' c ............ 17 J::f'l-t ~~· ............ !' .......... ~ +. J::f'l """ ~~' , ........... ~ ........... abeve fee J3l1::1s 4-9-:W ' ' A_'l At:>, " 1\/l/nr"hin limo h ' ' ' . 15 327 I I, •--t f\f\f\ ~~ ·~r" ,t,..._;. ' C'r,..._ C. ('\('\~ "'"" '""'r" ,t,..._;. ;.,... ~('\ ('\('\('\ ,..,.. ,...r,... &--• ' , B, Bl:lsiness .Cr .... _') z:::n~ ... ~, "'r" &,...,.... •-'')~:; nnn -~· ,...r,... & .... ,.... ' ' c .. -"lC:. ('\('\~ ,.,.., ,..,~,.. &..:: ... ~ ~. c..n nnn ' n1c n ...... ....~ c....~. ·--''---' ' . I 1 ... •-'l ('\('\('\ ,..,.. .... r,... f.-..-.+ ' I ~ 1,..,..;.;;., ,;.;""'"'I ... ~h• ,1..,+,..~, I ' 1 1 ... •--1 c:.nn ,..,.. .... r,.. &--• ' L'r--7 :::n~ ....... ·-r-&,.. ....... _ I:;~ nnn ... ,.. ·-r-4'--· ' ' "") -.. : •... : ' ' T .I 1 ... ;.,... A £;('\('\ ,..,.., ,,.,,.,., j:,..,.... I -c~ .......... A :::nn--F ......... + ...... ')') c:nn .,,..I ,,...r,... F ... ,.... ' ' llll ··-r---· 'I,., rn,... ....... r<---· C"•-.... r'lro c-•-·' ' L'r---t nnn ,.. ... -r-.t--· .. ,.. ::: nnn ... ,.., '"'p" .t--· ' ' ~~ •• ,..r,...,.. ... , ;1,., [~..,,.. C'-1.,...;.;,.. ... \ ' . L'r--")~ nn~ "'"'' ..,r...._ &,...,..;. ;.,... 1:.~ f\f\f\ ,..,.., .... r .... & ........ ;. ' ' ••••. ---•'1-ro ......... :l -r 1\11-----,..\ ' ~ .cr ... -"7 'c;n~ .,.,., .......... & ........ -~. ·-I:;~ nnn ... ,... .... r.-.. .t--· ' , R 11 Residential Transient (Boarding House, u-•-1 •~-•-1\ ' .. ~ .I 1 ... ;.,.. "l ('\('\('\ ,..,.., ,,..r,... F .... ,..;. ' 16 328 311 '1 0 above fee pll:ls 14S.72 above fee pll:ls 311 '1 0 above fee pll:ls 265.39 above foe plus above fee plus 311.10 136.39 311.10 above fee plus 1S0.20 above fee pl1::1s 311 '1 0 abo't'O foo plus above fee pl1::1s 311.10 above fee pl~c~s 265.9Q above fee plus 311 '1 0 above fee plus 452.00 above fee pl1::1s 130.13 above fee plus 311 '1 0 above fee plus 36Q.52 above fee plus 111.16 311.10 above fee plus 121.ij5 above fee plus n ............. ;.......... Tirvto.c-h..,.-.o.\ , R J, Residential Permanent (D•.vellings, Custom u .... ~ .... ~\ .., "'""": R 4, Residential Assisted Living (6 16 persons) .I 1-•~ -1 r::.JV\ -~' ·-~~ .&~~• ' . c~--7 't:;n-1 ""'' .... ~ .... .t ................ t:;~ '""' .... ,.. .... ~ .... .& ......... ' ' .c ...... ~ ~·(\(\1 ...... , ,., .. ,.. f'~o.~ ~ .... '"l~ nnn ........ , ............ ~~. I I I S 2, Storage Low Hazard (excluding Parking ~ ...... .., .......... \ .c ...... ~ ~~nn-1 '"' .... ' ~ .......... ;,... ..... + .... c;~ nnn ... ,.., ............. .t ......... I I •Up to 7,500 square feet .c ............. ' c:nn .,.,..,1 1..,,..,. ""'"'~ + .... ~:;n nnn .. ,..I ............. ~ ..... I I .I 1 .... + .... -1.::; (\(\(\ .,.....,,,..., ...... ~ ..... ' .c ...... -• ~ nnn ""'' , .......... .& ............ _ ~n nnn ~ .......... "--• I I 311.10 above fee plus 399.10 above fee plus 117.g2 above fee plus 311.1 0 above fee plus 440.12 above fee plus 133.39 above fee plus 111.76 311.1 0 above fee plus 129.30 above fee plus 311.1 0 above fee plus 117.63 above fee plus 117.63 above fee plus above fee plus 311.10 above fee plus 169.2g above fee plus 155.36 196.71 above foe plus 150.19 above fee f)lus F-or any square footage o•;.or 50, 000 squaro foot, a.Gm'o foo per Occl:lpancy Type plfls: OCCUPl\~JCY TYPE 17 329 I NCREMENT/\L COST PER I NCREMENTAL1 00 SQUARE FEET R, Residential All other Oooupansy Types, : ............... : .... -............... 1: ...... :+.-..,.j .... . ft. A.-~ .. 1hh· I I Q, Q~::~sinoss; E, Ea~::~oational; and, M, Mercantile (Oepartment Store, Drug Store, ~ ..... C'~.. . ,\ Minim1:1FR Fee fer FRiner a.lieratiens net r:oq1:1iFiny strf.JGtf.Jral review .... :._ ... __ rot .... 1 __ .... 1-..1---~·-:-,.. ' -Kitohen Renovation Single Family Home (RJ) or Single Apartment Unit (R2) based on the roe for rosonfiguration of space up to a maximum of (if 2 traaos or loss are req~::~iroa then apply minimum ........ ~ ...... i+ ¥..... ...,. .. + .. ..,.,J,.., \. ... .Qath Renovation (Single Family Homo (RJ) or Single Apartment Unit (R2) based on tho foe for roconfig~::~ration of space 1::1p to a maximum of (if 2 trades or loss are required then apply miniFrlUFrl -:• &-.... ·~ +~-...1-\. • Flooring per 500 sq~::~are feet or part thereof (if fixture sets are included then a separate plumbing • . • ...1\ Generator Commercial 18 330 Amount (Effective October 1, ~ I Amount (Effective February 1 I 2009 through September aol 2012)Amount (Effootive October 1 c:: .. ,,~ '"l\ I 111.16 129.6J 1096.11 678.20 18J.55 :i4J.25 407.54 189.00 • bl~der: ~ G,GGG SEJblar:e feet er: 11 96.QQ "'"'"' 1;;,... .,....,;,...h ,.,... ............... ....,,..."'"''"""+'"''" -1 n nnn +r. t::f'l nnn .,,.., ,.,,.o foo+ 149~.QQ , , "'hn '"" £;("\ nnn .,. ..... '"""'""" -Foo+ Hi9a.GQ , c-.••. ,,.. .. '1111-'· n. C· ~:nnlo t:..,,...,;~, ~4§.QQ c. ·• ,.., . • 1/1\JI, .1+; c. :I . aao.oo =I=FaRSfeF ~Wi~SR faF p;:l:l~l:lFe (;;eReFa~aF ~!=19F l:lRi~~ 146.QQ c ........ IA/..,J, ,,. ................. "" W.,QG Cu,i ........ irorw o,.,.,.,. Ne~.~.~ ~~t,ciFAFAiA~ !=!eel, ~1=1a eF F91:lA~aiA Co.:>irlon+i"'l ;,..,..!. 1rlinn ,.,.., 1inW\on+ o..,,..h ' ' 1.,,..,...,. -1 nnn ..................... J97.17 ' 1 nn-1 _')~:; nnn + ... +..,I n .... ll.-.n ... 849.16 , , f"'luor-')£:: nnn + .... +.,1 ..,.,linn.,. 1,J11.81 ' c-.,,.;...,,....;.,,. o ........ o .... ., ..... ,...,,;,....., o ........ ~ ........ .,.: .... fn,..,.., .,..j.,., ,,..+, ,,...,1\ :n,..lo ,,.j;,..,., ,.,,.., oin.-n,.,n+ JQJ.G~ .... c .... ...... ,.., · .... · ... ,.. ..,1; .... 1,376.06 ' ~ih~oliFfiR=liR~ !=!aal, ~1=1a aF F91:lR~aiR GaFTIA=teFsial, inl"'ll 1rlinn on ,i,....,.,on+ "'''"''h , I lnrlo.-1 (\(\(\ l"''"'ll"'n"' ~ ,698.6~ ' 1 nn-1 ')~:; nnn + .... + ......................... ~.741.8J ' ' r., ,,.,. ')£:: (\(\(\ ........... ,... .... u ........... J,JGG.77 ' Swimmi~~ ~eel ReRevatieR GemmeFGial ERe~ 1,679.94 <>+n ,,..., ,,..,1\ in,..ll 1rlinn .,.,.,, inr"l"'lon+ o ....... 1 c,.,,,;,..,,.....,.., ... + o ..... ..... .,. ~9El.66 Cr.nl t:n, •inW\ol"'lt Coni"'""'"""''"'+ 1GJ.7G c,,.,;,.,.,.....,; .... ,.. o .......... 1 c,.,, ,,.;.,.,..i ...... · • ResiEieRtial ~ • Gemmer:sial ~87.~§ Sv.t.immiAfJ f}GGI !if}htiAfj ~wheA mstallat.iGA Ret .JI-. .~ .. :+I· • ResideAtial !=!eel eF Spa. ~ D ".J, i.,l f"' nrnhin<>+i,.,_,.. Onnl .,,..,.j Cn<> 1QJ.7G ,...,.,....,..., ....... ,..; ... 1 ...... 1\/1, .1+: .......... ; .. o ........ l ....... c ....... ~Q7.4G • GemmeFGial GF M~;~lti family Gembi~atiG~ ~eel aREI ~Ela.H~ ~ 19 331 Parlial aREi Teta/ DemelilieR Total Demolition • Under 3 stories • O'ler 3 stories Partial Demolition -I 1~....1~~ ~nn ~~ •~r~ .c .~,. A'#aFiRe PeFmit& Docks Residential (includes pilings associated ,.,:~h ...I ,,..!, ,.. .... ,..,...~ro ,,..;,...~ '"'...I 'l : ........ ,...\ • Under 100 square feet • _1J\1 .::nn ,.. ....... fa~' • Per 100 square feet or part thereof O"er 500 ~,.. o~r~ S:-'> D?cks Commercial (includes pilings associated ••• :.h ................. ~-...... : ... ~ -....... .., -...... ; ......... , • 11 ... ....1. -tnn ,.,.. f ... ~ 'l::f'"' •· ~=~.~ 1 0~, square feet or part thereof over 500 ~ .... ?ek.~epair Commercial replaee all but piles t .... ·~ : ....... ,.._ ...... . .......... ;_ ................. \ ~ook Repair Residential replace alibut piles t .... l o~hin,.. ,.._ ,....1,.. • ,1 ..,,... ;_ • ....1 .. H • Under 75 linear feet • 75 150 linear feet V\Latercraft Lift OTTT ~ a I I '" 'l ,;, ~,.. ... _ ........ 20 332 ~··'""' 380.58 437.€)1 228.00 737.31 1178.03 132.74 387.84 452.13 1026.63 1 ,03€1.04 1,400.99 23€1.51 148.29 494.65 906.34 gg,..1..5 462.50 205.33 fJI:J.~fiiRg SigR (ReR el-esf:fisj If. sigR has etestfisat ,..,..,,..., ... ,..,,,..,,1 "'' "',1-, ,,.....,,;I ,..· .... ' • easl=l ~HU~G C::J, .~, ' ~innc>• ·~- t: .... ,..h {;,.. ,.,,.,1,.4;+; ...... + .... +h..,. ... ~ ...... {',..,"" ............. , .... , 7+.00 Temporary and Special Event Fees Temporary Platforms for public assembly, first ~77.33 approval 104.00 Temporary Bleachers for public assembly, first ~ approval 95.00 Temporary Platforms or Bleachers for public ~ assembly, re-approval 20.00 Tents-excluding electric and plumbing, per tent • Up to 1,000 square feet 118.22 104.00 • Each additional 1,000 square feet over 28.00 1,000 Temporary Structure !Trusses/statues (no electrical 325.62 orplumbing included) 104.00 Temporary Chiller 461.47 462.00 Temporary Generator 236.44 237.00 Construction Trailer, per trailer 567.24 568.00 Office Trailer, per trailer 685.46 686.00 Temporary Power for Construction 225.G3 225.00 Temporary Power for Test ~ 88.73 189.00 Temporary Multi-seat Toilet Trailer, per trailer ~ 80.00 Temporary Individual Toilet, per event -1-e-:W 17.00 Amusement Rides 59-A-1- 60.00 Temporary electric work on circuses, carnivals, per 311.1G show. 312.00 Temporary Fencing 148.29 150.00 Electrical Installation-Small events (1-1 0 tents, bleachers staoes and other structures) 250.00 Electrical Installation -Large events (more than 10 tents bleachers staoes and other structures) 500.00 Mechanical Installation-Small events (1-1 0 tents, bleachers staoes and other structures) 250.00 21 333 Mechanical Installation -Large events {more than1 0 tents, bleachers, stages and other structures) 500.00 Plumbing Installation-Small events (1-10 tents, bleachers staqes and other structures) 250.00 Plumbing Installation -Large events (more than1 0 tents bleachers staaes and other structures_} 500.00 t:l.uil.#'II,.,. /"'"""""""""""""',.oF t:Ir""' o .... ,.,..;,..,.. • Geek:in§ l=jee€1 S~t3t3Fessien ~13er system~ 275.8'1 Multiple systems in same area (i.e. kitchen) will be chaF§o€1 at 5Q% ef a89!-'8 foe for easFI ... rolroli+i ............ , .... +..,. ....... 0 _Ciro ~' '""""~'"'"'"'i"'" ~""'+"'...,., /nor.,.. ,.,.to...-.\ 295.55 Ciro i\.1..,,.,...... ~ ,,.,+o,.......,. fl,.,..,.,..,., .... ....,,.., .,...., ,..,,.o foot\ .......... ., C:.l"\1"1 239.44 ' 2,5Q~ J,QQQ 325.82 J,QQ~ 5GQG 4~3.78 5,QQ~ ~G,GGG 53~ .98 ~G.GQ~ ~5,GQG 739.38 ~5,GQ~ JG,GQG 945.74 JG,GQ~ 75,GGG ~ ,4H~.82 75,GQ~ ~GG,QQG ~ ,89~ .49 WG,QG~ ~5Q,GGG 2,8QQ,8G ~ 5G,QQ~ 5GQ,GGG J.J~ Q,~ G G\1er 5QQ,GGQ 4.G~QA~ 0. • 0 Ciro i\.J...,_,.,..., C">nol f"''nh 1 .... + ... ., t:l"'n ~ ~S.22 ' 2,5Q~ J,QQQ ~ ~ R22 a,oo~ 5QQQ ~ ~ S.22 5,QQ~ ~G.GQQ ~ ~ S.22 ~ Q,QQ~ ~5.GQQ ~ ~ S.22 ~ 5,QQ~ JQ,QQQ ~ ~ 8.22 JQ,QQ~ 75,GQQ ~ ~ 8.22 75,QQ~ ~QQ,QQQ ~ ~ 8.22 ~ QQ,QQ~ ~ 5Q,QQQ ~ ~ 8.22 ~ 5Q,QQ~ 5QQ,QQQ ~ ~ 8.22 G1-'er 5GQ,QQQ ~ ~ 8.22 Fire E:le'-1ater recall +est Base ~a~ .78 Per Fleer a&.-00 • electrical Smoke Qetest:ers (Fire ~eFmit~ • 61n€1er 5 Ele 1•1ises ~94.89 I In +n ') c:; rolo\li "'"'"' soe.Ge • Per aEIEiitienal 25 Ele 1.,ises or 13art thereof ~ 22 334 ~A;,..,.,. ,..,,.L ,.., .... ,.,.~;,..+;,....,.., +,,.,.. ......... ,.,.... ... ·~ c:: ~ .... ~ ..................... ~ U,-00 a .,. 1 c:: """"'"'""''""""'•~ Hl9.9J • 1\Ainnr-,..,,....,. "'"' ,.,.~;.,.+;,..,,.., firo "'' .,..,.,..,.,. ..... 4-&.e+ D. :1. . -r ...... ~,.. o,.. ... .,.,.;o~ ... 0, "I...Ji ...... 1\Ai ... :~, ,...., o,..,,.....,;J;-c,..,..,. ~~-......... ~ tiAsi~;~Eies e~;~t Ret lirniteEI te: steFa§e sl=leEis, 10J.70 h ............ h .............. : ............... : ...... ,.. .. :,.. .. ..,J,..,... ....... \ , , B~;~iiEiiA€1 PeFrnit feF MiAeF Re13aiFs ~ d~.74 Painting Permit • Residential-Based on Planning Fee Schedule 27.00 only • Commercial 27.00 IRstallatian QF-FeplaGement af. vo~ind6vl5 and eJlteRQI! deot:& in aU buildings, SIJutteto, ~ed ,., ... ,..,.. ,. ... .,...,,. ........ <# ... ,...,.,.,... Nel,\l iAstallatieA GF Fej:llasemeAt, ef aee1.te listeEI ~ • ~ I.IAit 10J.70 •2~0~;~Aits 207.40 . ~ ~ JQ I.IAits J42.21 • J1 aO I:IAits 879.J8 • a~ aAEI FRGFe I.IAits ~Sf;)9Gial iASj39GtiGA F9Ejl:liFeEI~, ....................... :.: ............... c:: ..... :..... ...... .......... ·" 44-,4g Shutteto: ........ : ............ u .... : ........ ,... ...................... ,.. ..... ,.. .... . ~ ao ~:~A its* Hl~.8~ c ...... h .............. :.: ........... -1 f\ .... : .... ,.,. ............. ·" ........... 'lf\ ~ * .:. : ........ ,.. .... ,.. ... · ....... ,..~ ............ -· ~·· ..... ·-·-- SooFetront iRGiuding wiROOII'/5 and 00910 the,:ein: I 1 ... + .... -11"\1"\ ,.,.,.., ,...,,.,... _,,..,,..,+ J47.40 a 1f\1+ ... o~ nnn .......... ~ ... .r:. -• 877.30 , o,... ................ :.: .............. 1 f'll"\ ,.,.,..,, ....... ,.. .,,.. ......... ,,.. .. 1 f'lf\1"\ 118.11 23 335 _____ 336 • ~9F YRit ~5Q.QQ ~eQ.QQ All Qtl=leF Gssl!~aRsies • ~ 3Q YRits ~4€i.QQ • eaGR aeeitiGRal ~ Q JdRits 9V9F 3Q H~e.QQ f"...,r,..,..,... A ,.,...;,...~ ~Q7.4Q ~e~lase fa9FiG feF awRiR§, GaRG~y GF G9¥eF (RG .-.h..,,.,..,. fn.r .,. innl.c f.,....,.jl, h"'""'"' \ 7&.+4 14-63 Plumbing permit fees: Minimum plumbing permit fee: ~Q3.7Q 100.00 This minimum does not apply to permits issued as supplementary to current outstanding permits for the same job. Commercial Permit Fees for Plumbing Permits Permit fee for a building whose estimated construction cost is egual to or less than ~30 million is 2.0% of the cost of construction as a~mroved by the Building Official or his designee, !;!IUs 1.0% of the construction cost for anv amount over $30 million as approved bv the Buildina Official or his desianee. Residential Permit Fees for Plumbing Permits Residential: Sinale familv. Duplex Permit fee for a building whose estimated construction cost is egual to or less than §1 million is 1.8% of the cost of construction as a1212roved by the Building Official or his designee, !;!IUS 1.0% of the construction cost for anv amount over $1 million as approved bv the Build ina Official or his desianee. ~lllmBiR!iJ QemelitieR ~eFmil ~78.~9 PlflmiJiRg PeRRits iRGiudiRg S1:1ildiRg, ~GIFiG .. .,.,., ... . .. • ,..,, ,...,..,..,., .4 • I rri_..,.,fj,..,... C'• ,,...,...,..,...,... • i=iFst i!:8R9 ~ • easl=l aelemieRal eeAe ~ WateF aRe QFaiRa§e RiseFs aRel MaiRs, ~eF ~ JdAit l=leF ~iseF eF MaiR r. .. ,,lti I lnit Co..,.lrlo.nti.-,1 f .... ,,..1, ,rl:n,.. CCU\ I 1 ... t .... J:: ,,...;t,.. ae~.Qa • eaGR aec:iitieRal a 8¥9f a JG.m • GemmeFsfal 25 337 l >Lh-~ ·-·--. 1 ' ··-· ..... ,,.., ' ~ l ~ ResideRtial ' , -etG -I t .~-;;;: .. ~ I I -.:zriftt:i =± 1 ~•~·E~a~ch~~a~d~d·~·; ~~~~~~======~~~~~~=====il==~~~~~if L •-Com .1t1onal 5 O'ler-S ----===--t----===j mmer""'l _1 I l==----+-~ .... ~·~·~-... ~~r::;.-~-~ ·194 .96 l • I; R ~-:-ItO__ I JOm-l •• addilieRal 5 e•er 5 ===~~~E~Ie~c~t~ri~ca~l~t~~t~a~te~r~~~~~~~~~~~====~=======--~~----~~~6~6~~9e~6J l • ' ,, "' Heater er Peel Heal = L ~:; """ er Wew -----+-------· ·-~ach addition;:u~l 1 0 a ---• ----------1 ---v&r-5 1----------I Electrical water -~ ---------1-.!~~·,..,~·-~·"aGE~e¢·• l=leater or Pooll=l ~ """' eater· =I •-Up to 5 blnits -----1 Gas water h l .b:IJ-u-n-'--eat~r or pool heater "' . -. ~· neu S~ncsle r:: . -i Gas u<ate R ·'-"' ,_ •. ~--FaFR!Iy --- l f..r:ir. _ .. ·~•·;-_eater or pool he ate ~-ms -=~~~~~~~~·~:··~~-;;;;~~;r:n:e~~~~·G~~ [ -• EasR addT '-· "' ' •-•. •; ;;~mmercial -__ _ [ ' IORal 1 g ever 5 -~""""' - ------ ___ 84.-00 . • Each additiona:-11_0 __ -r--overS .QW---.:-,.. 1 1 ~r· ·------=~-~- .:tGG-,00 JGm I 1 100.00 I ~ I I I 236.44 ~ - I -I .. ~;-=~ch additional 10 over-5 + ._.11'"' ·~ r:: ••• ;.. =rtt •E ~.o. -acH additional 1 0 ---· .. --- 1 -over-S I '"'+• I. f. -~ ~---.._j_l .... ~ ,... ~ ....., ttt L -t 207.40 I ~ I I I 26 n.,. .... : .............. ,..,. ,..,.,.,.,..,.,.; ....... .,... WateF QFaiAa~e ~FaiRwateF Feef iRiets, aFea EIFail=ls, .,., ,,..;...,,...,. inlo.+.,.\ I 1 .. +"" r::. ,,...,;+., 2§9.2§ • e:asA aeeitieRal ~ Q e~JeF a JG:-G.7 GeREieRsatieR EIFaiRs I I ... +~ r::. ,,...,;+~ 2Q2.~~ • e:asA aeeitieRal ~ Q e~JeF a JG:-G.7 l.O.tateF FReteF>tSI:ll:l FReteF GGRI=IeGtiGI=IS te wateF Sl;lf')f')ly system 9F te a13131iaRsesiiRstallatie1=1s Ret -1 h· fiv+, '""""' I I"' +"" r::. , ,..,;+.,.. ~~fl~ 4 ... _ • e:aGR aeeitieRal ~ Q 9~•'9F a JCm c, .h ........ ..,..,.,. .. :+h c...,,...~,fl,.., .., .. ,.. • ..,.,....;,_.., MO', ''""' ... I In +n 1:. ,...,;t.,. ~~a.Q3 • e:aGR aeeitieRal ~Q 9Y9F a JCm o~~l,fl,.., ... ,.,..j.,..,..j.; ,.. ... ,.!,.. ,;,..,. ... I I"'+.-. r::. ,.l.,..,;,...,..,. 22a.Q3 • e:aGR aeeitieRal ~Q 9Y9F a ~ Wells, Hlnks, Gas, Sev..ce,:: ~ ... "' , ........ ; ... ,/t:'lo '"' o;, ; ... ,.... H39.99 n ,,.. 1~ nr r\j.,.,...h<:>rno \/\/oil<" I 1 ... +" r::. ......... 2~8. ~ 4 • e:aGR aeeitieRal ~ G G!JeF § JG.,.Q.7 Nat~;~Fal ~as & liEf~;~efiee f')etFele~;m=l, ~ ~;~Rit f')eF e~;~tlet ...,..,,.l ..,..,..,I;...,..,,.,., I I ... + .... r::. .... ;+"' ~g7.2a • e:aGR aeeitieRal ~ Q 9Y9F a JQ.,.Q.7 \II,..,.,..,.,,....,..,.. "",..;..,,.. ..,,....,. ~ ',..,;+ • FGF tFie fiFst §G Jeet ~~9.Q7 ..._~_,..,.~,.~;+;,.. ...... 1 1 . ,...,;+ .......... ~::n f ......... a&-Q+ SaRitaFy, steFFR, GeREieRsatieR EIFaiRs aRe selleGteF ""'"'"' ............ . ..... • FGF tl=le fiFst aQ feet 2ij7_2§ ........... ....,,.l,.li+: ........... l ... ,..,;+ "'"''" ~:::n fao.+ a&-G-7 14-64 Electrical permit fees: Minimum electrical permit fee ;..,,..1, ,,..;..,,.., ,..,.,.,...,;,. ... ,. .. ~ ~QJ.7Q 27 339 .... .,. .. 1"\0I"rv-.i+ '"'I"'"" "+ho.-,...,;,.,;,...,, '""' .foo '"'' :&: 100.00 I fThis minimum does not apply to permits issued as supplementary to current outstanding permits for the same job.j Commercial Permit Fees for Electrical Permits Permit fee for a building whose estimated construction cost is egual to or less than §30 million is 2.0% of the cost of construction as a(;!(;!roved by: the Building Official or his designee, QIUS 1.0% of the construction cost for any amount over $30 million as approved by the Buildino Official or his desionee. Residential Permit Fees for Electrical Permits Residential: Sinole family. Duplex and/or Triplex Permit fee for a building whose estimated construction cost is egual to or Jess than §1 million is 1.8% of the cost of construction as aQQroved by the Building Official or his designee, QIUS 1.0% of the construction cost for anv amount over $1 million as aooroved bv the Buildino Official or his desianee. ~lestFis blemelitieR ffij.ae Cl. ~ ... .f.-.+, """"'""' fr.r ,..,...,.,;,..,. """'"""""""'+ ~ ~4.Q7 ~Jeslfis AlteJ=atteA er-Remeflel: 1\Jii ... i ...... ''""' c.,..,.. ,...,. ,,..,..j,...,. ,,.. ,.,... 1 ~::nn ~~ ,...,.,.,... .f,...,...,. H4.22 -D.o.r <>rlrlitir..-.<>1 1 nnn ""' o<>r.o. f.o.ot r.·,u::.r 1 ,;;nn ~ E-leGti4G Petmits inGiudiRg. Building, MeGhanisal ..... ,., t:u ....... l.; .. ,.. ,..,. ......... o ....... ~sa.~~ Assess GeRtFels,£GaF€1 Assess • bJRS8F a S8\<ises ~e4.88 I 1,.. + ...... '>k. .... aQ6.Q6 --·---o, ...,_.,...!:+; ,.,...,I ')C: .-.1.-. •• .-. .... .-....+ lh ......... ,.f ~ E-lesti4G P.etmits Stand Alsne C::.l.-..-.f.-i. co ................. ,f ......... • GRe meteF, MiRim1:1m P:ee ~se.n: • ~ a FR8t8FS 494.6a • Per: aElEiitieRal meter: eveF a ~ :>,...,.,,..,, c....,,.,,,.,,..,..,,...,,..,,., •. r'\ ·"" .... ,I IIlii ll"r'\ ~.0..0. ~sa.e~ ' ")_t:;. "'"'"'"'I"' a~s.ae C.-. •h .-...l...li+i.-. ... .-.1 C: ,.....,,...,.1~ ""'" ,.....,,.f +~.oro.-..f ..... +1-:1-8 o,,.,,,,..,. /,.,rf..,.l/..,.tinM' 28 340 14-65 • Unser 15 linear feet, Minirnurn Fee • 1 a aO linear feet • each assitienal aO linear feet sf part thereef ever w • Unser 5 se~;ices I In +n ')!=; rl, .& • Per assitional 25 epenings er part thereef ever ~ • each adEiitienal 5 ever 5 Mechanical-permit fees: Minimum mechanical permit fee: This minimum does not apply to permits issued as supplementary to current outstanding permits for the same job. Commercial Permit Fees for Mechanical Permits 256.14 384.73 255.10 178.36 307.99 199.70 236.44 103.70 100.00 Permit fee for a building whose estimated construction cost is equal to or less than $30 million is 2.0% of the cost of construction as approved by the Building Official or his designee. plus 1.0% of the construction cost for anv amount over $30 million as approved by the Building Official or his designee. Residential Permit Fees for Mechanical Permits Residential: Single family, Duplex Permit fee for a building whose estimated construction cost is equal to or less than $1 million is 1.8% of the cost of construction as approved by the Building Official or his designee. plus 1.0% of the construction cost for any amount over $1 million as approved by the Building Official or his desianee. Mechanical Oernelitien Perrnit Air GORditieRiRg aRd re:fFigeratioR: (lnoluEies all oernpenent parts of the systern except water, s~:~ct, eleotric anEI gas lines anEI cennectiens that fees ..... ~~~~~+~!.,\ 29 341 103.70 AC Unit Ne•A' Residential • I ·-•-••-•· -·" .1-:• n; • Installation of 2 5 units • ~ach additional unit over 5 1'1f"" • .. r-. • Under 2,000 CfM • 0'•'er 2,000 CfM AC Unit Reralacement, single ldnit ~ingle family Home (R3) or Single Apartment Unit (R2) Residential '.I • Under 2000 CFM • Over 2000 C fM ~Unit Replacement for each and any additional ,..,; ~ni;...,,..T. Pool 1=4oat P~:~mps(Replacemont) Raise existing Mechanical ~E!Idipment en Roof for Reroof , ....... ...,. ..... Furnaces and heating equipment including 6&f!'FR&F6ia/ drieFs, a~<eR6 and ether fired objects not elsevmere classified. (Includes all eomp?nent. parts of the system e*cept fuel and electncal lines.) (~or vented and unvented wall =ers, see plumbmg permit fees, natural and L.P. Gas or elf fyrnaGos: • Residential • Commercial Hood Replacement 30 342 264.44 §§1.6g 150.37 g7Q.04 965.45 1 J5.g§ J16.29 352.58 1090.92 210.51 562.05 216.7J 34g.4J 642.94 271.69 ~ 294.51 352.58 n, ,,... \1\lr.rv 1\lou, r.r o., .... ,,,...~ ~~~· ResieeRtial II, ...1 H::: ~ ... -~~~~-~28.QQ • eaSA a99itieRal a Sl.IFJFJIY GF9FJS Glo18F ~a, GF FJ8A ~ tl=leFeef GemFReFsial I I"' t .... .:::1"'11"'1 li ... .,..., .. f'oo+ ~29.QQ • easR aeeitieRal 2GQ liReaF feet 9 1jeF aGQ liReaF ~ feet E:"vh.., ,.,..+ \ /o,..,+il.-.+i"''"" 1\lo ,.... ... c., .......... 2a4.GG Smoke Control Test • -lJA.Gef Up to 10,000 square feet 2Q7.4Q 208,00 • 10,0001 to 50,000 square feet 7G7.2~ 708.00 • Over 50,000 square feet 1 ,Ga2.aa 1063.00 +Fasl=l Gl=l~te 2QQ.QQ n ... """"' \to .... + ~42.QQ l.D/alk: iR seeleFs aRe lotJalk: iR ~Feei!:eFS easl=l 11 a.GG fort11i"'""'"''""+ f.<>JQ.<>_ <>Jidj,_ Elevators, escalators and other lifting apparatus: Permit for new installation or major revamping_j)er ASME A 17. 1 Section 8. 7 Building permit required. (includes initial inspection and certificate.): Installation of traction elevators and escalators, per unit • Up to three stories 2.2~7.~ ~ 2218.00 • 3-10 stories 2,7Q4.5Q 2705.00 • Each-additional story over 1 0 84.00 Installation of hydraulic elevator, per unit • Up to three stories 1,~aJ.~4 1154.00 • 3-1 0 stories 1 ,4a7.aa 1468.00 31 343 Installation of escalator, per unit 2,158.00 Installation of oarkina lifts oer unit 200.00 Installation of robotic parkinQ. per apparatus 3 000.00 Installation of residential elevator, per unit 1,212.25 1213.00 Installation of wheelchair lift, chair stairs and 975.ij2 dumbwaiter 976.00 Elevator ReJJair and Maintenance Annual maintenance repair permit (not to include major revamping) 601.46 602.00 Repairs (value over $5,000.00) per ASME 17.1, 6J2.57 Section 8.62 633.00 Repairs (Jack/Oil Lines)Up to $5,000.00 250.00 Repairs {Can Interior/other) Up to $5,000.00 250.00 Roof window cleaning machine, each machine 107.85 108.00 Permit for removal of elevator from service 570.35 570.00 Elevator Tests, Temporary Use, Variances and Compliance Inspections: Emergency Power Test 1,083.67 1084.00 Elevator Fire Recall Test, per unit 1,021.45 1022.00 Temporary Use Permit (must be renewed eve!.Y 30 1,316.99 da_y_s_l 1317.00 Temoorarv Use renewal 100.00 Application for variances from codes to install or 51ij.5Q modernize equipment 519.00 Annual fees for certificate of operation and Inspection Certificate of Operation for each unit (mandated) 75.00 32 344 Renewal of Delinquent Certificate of Operation 100.00 Duplicate Certificate of Operation (mandated) 25.00 Dumbwaiters, elevators and escalators-certificate and inspection: Monitorina/Jurisdictional fee 200.00 o,..,.;,..,.j;,. I A,...,... ,..., ........... ,.. .... : ....... ~Q7.4Q +l=le aRRI::Ial sl=laF§e is easeEI eR tl=le seREiitieR tl=lat tl=le 8E11::1i!affi8Rt is I::IREier a ffiaiRteRaRse a§lreeffieRt 'l·1itl=l a 1::11::1alifieEI ffiaiRteRaRse semraaRy, iR WRiGR sase tl=lere is Ra aeli§!atiaR far tl=le Gity IRsraestieR ta ee §!i¥eR e¥eFy year:. If R9 ffiaiRteRaRGe a§lreeffieRt is iR effest AI::I§!I::ISt ~st af 9 1f9Pi year, tt:le Gity I RSJ3eGtieR will ee raeFferffieEI ever:y year: a REI a eave sl=largas far tl=le A ext fissal year sl=lall ee ~ 5Q% ef tl=1e eRe sl=lewR iR tl=1ese taeles. Reinspection fee, each re-inspection 1QJ.7Q 104.00 Witnessing of 1-year tests per ASME A17.1, part X, ~Q7.4Q section 1000, rule 1000.1 b 208.00 Witnessing of 5-year tests per ASME A 17.1 , Part X, ~59.~5 section 1000, rule 1000.1 b 260.00 Compliance inspection if witnessed test failed, per 1QJ.70 inspection 104.00 Any elevator, escalator, etc, owner who fails to comply with the order to correct a violation issued within 30 days, is subject to an administrative fine up to $500.00 in addition to any other penalty provided by law. Fines can be imposed for every 30 days period that the violation remains active. These fines, before or after paid, can be appealed to the Department Director whose decision shall be final. No clearance for the use of the elevator shall be given until these fines have been paid or waived. +l=le [)eJ3aftmeRt [)irester GaR Elele§late tRiS aJ3J3eal f~.JRGtieR te tl=1e I::Jeraar:tmeRt AssistaRt blireGter:, tl=le ("'ih. Dt ilrlinrt f'\H;,...;.,t ,..r +ho no'"' th D tiiAinrt f"\H;,..;,.I 33 345 Boilers and pressure vessels, Installation permit fees, including initial inspections and certificate; does not include installation or connection of fuel and water lines: Boilers (as defined in the ASME Boiler and Pressure Vessel Code) BeileFs a REI PFeSSI::IFe Vessels, ~QQ,QQQ 4QQ,QQQ 393.Q3 B+Ys Annual Inspection for Boilers ~a9.~a 260.00 Qf:R~fees: PFessi::IFe aREI ~Fesess ~i~iR§, sl=leet FRetal aREI El1::1st ~5Q.95 !a'•l9Fk aREI eti=leF FR9GR8Rieal liRes: 14-66(21)a. Certificate of Occupancy fees: ~:: ...... _ ........ n ...... ., ........... T., ....... Residential Units R-1 R-2 and R-3 oer Unit 110.00 All commercial occupancies except R-1 and R-2 0.05 per sf Minimum fee for commercial certificates of 250.00 occuoancv When a tem12orarv certificate of OCCU(2anc~ or com(21etion has been issued and the fee has been 12aid, the fee for a final certificate of occu12anc~ or completion 0.00 A ...... ,..,..,..hl· @~~.87 B~::~siRess, MeFeaRtile • bJREleF ~G,QQQ S~ldaFe feet 4~ 9.84 ro. ,.,.,. ')(\ (\(\() "''"" ,.,.,..,. foo+ 553.7@ , n,., ,,..,..,,.,..., C,-1, ,,..,..,+;,....,....,, I ... .-.+i+o ,+;,..,,..,..,, e7~ .98 ' . 0 __ 1 C_ 'J l:!t til,-iinn Co,. I lni+ ~Q9.9~ , ' c 'l c; ... ,..,, ..... ~::,.,..,..;" ,..,.....,....,n, ...... 1 ...... rr,.; ..... '"'" o ..... ,. lni+ 3~7.3~ , , C' "'' ''"' 4H~.87 , 1:!, il,-linn Ch ..... ll .,... 7&;. .Foo+ 474.9§ -·- o, '1,-1; ... ,.., C'h.... .... 7&;. ; ........ + 94§_74 34 346 14-66(~1)9. Partial and Temporary Certificate of Occupancy or Completion fees: o,.-~;,., ;~; ,.,f,...,..,.. , .... ,.., .......... ,.., ... ....... FOOS GRa~=QOd ~ased QA tAO j30FGenta§e Of tl=!e total s~blaFe f:oota§e lao in§ Fe~blestee fer: os61:113aRGy,iG9A'lpletien tiFRes tt:le sost of tl=le final sertifisate of 066blj3ansy OF soFRt:~letion J:llblS a SblFGRaF§O ef 2§% ef tt:le G9St ef tAO final GeFtifiGate ef ess~:~j3ansy/sompletion for oasl=l paFtial seFtifisate iss~:~ed T,.....,...,..,,..,,...,,., ;~: ,..,,,.... ,..,f ,... .......... ', .... ,..,......... ,... ....... ,., ......... ,,...fj,.,..., 100% of final certificate of occupancy or completion fee plus the cost of any additional required inspections. Additional required inspections will be charge based on actual time spend on inspection multiplied by the hourly rate, as specified in Section 14-61(h) Extension of temporary certificate of occupancy or 10J.70 completion, per period as set by the Building 100% of final Official. certificate of occuQancy or completion fee 14-66(~1_)G Certificate of Completion fees: Certificate of Completion fees for reconfiguration of space are the same as Certificate of Occupancy fees per section 14-66(2)a Minimum fee for commercial certificates of 100.00 completion Swimming Pool 236.44 237.00 Kitchen/Bath ~ 79.00 Generator 197.99 168.00 Docks/Seawalls 2aa. 4 4 237.00 AJC Units and Cooling Towers per permit 187.70 188.00 35 347 All Other Certificates of Completion, Minimum Fee ~87.7Q 188.00 14-67.1 Reinspection of existing building to determine Based on actual compliance with the applicable Building Code time spent on inspection multiplied by the inspection fee hourly rate, as specified in 14- 61 (g). Forty-year recertification program fee: 14-67(a) o~ 11. ~~ ·~ -~~1..~ 1.-1 J11.1 Q Per Threshold building 5~8.5G 600.00 Building Official a1212roval of 6 month extension for buildino recertifications 600.00 14-67(c) Late compliance fee, regular fee, plus 259.25 260.00 New inspection report fee if recertification not d~ ~.H;) completed within 90 days of building's being 312.00 declared unsafe 14-67.2 Employee training, education, safety, and technology procurement and implementation for service enhancement surcharge is 6% of each and every Permit Fee 14-70 Other general fees 14-70 (1) Pursuant to Florida Statutes F.S. 553.721-ln order for the Department of Business and Professional Regulation to administer the Florida Building Code, there is created a surcharge to be assessed at the rate of 1.5 percent of the permit fee associated with enforcement of the Florida Building Code. The minimum amount collected on any permit issued shall be $2. 14-70 (2) Pursuant to Miami-Dade County Ordinance 8-12(e) a Surcharge to building permits for County code compliance program, per $1,000 of work valuation 14-70 (3) Pursuant to Florida Statutes F.S. 468.631-The Building Code Administrators and Inspectors Fund shall be funded through a surcharge to be 36 348 assessed at the rate of 1.5 percent of all permit fees associated with enforcement of the Florida Building Code. The minimum amount collected on any permit issued shall be $2. 14-70 (7) Sanitation impact fee for all building, electrical, plumbing, mechanical demolition permits,) 0.30% of estimated cost of project: Minimum 15.00 Maximum 1,500.00 SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, provision or phase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 6. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and that the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect the 2nd day of June, 2014. PASSED and ADOPTED this ___ day of _________ , 2014. ATTEST: PHILIP LEVINE, MAYOR APPROVED AS TO RAFAEL E. GRANADO, CITY CLERK ~· FORM & GUAGE /. & FOR XECUTION Underline denotes additions and strike through denotes deletiohs I ·· 2 1.., J ;u . . · \ I/ Cl AT ORNEY =ti/F (Sponsored by Comm1ss1oner Joy Malakoff} ... ~->·-.. · · '""tf 37 349 w CJ'I 0 X MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS Nco THURSDAY. FEBRUARY 20. 2014 I 15NE NOTICE IS HEREBV given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida. In the Commission Cllambers, 3rd floor. City Hall. 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 5, 2014 to consider the following· 10:05 a.m. File No. 2f47. 4000 Alton Road, Talmudic University-FLUM Amendment-An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category for Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University,· More Particularly Described In The Legal Description Attached As El<hibit "A" Hereto, From The Current RDS, "Recreation And Open Space,"To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability An<JAn Effective Date. (Inquiries may be directed to the Planning Departmental 305-673-7550.) 10:10 a.m. File No. 2148. 4000 Mon Road. Talmudic University-Zoning Map Change ·An Ordinance Amending The Official zonmg District Map, Referenced In Section 142-72 Of The Code OIThe City Of Miami Beach, Florida, By Changing The Zoning District Classification For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification GU, "Government Use District." To The Proposed Zoning Classification RM-2, "Residential Multi-Family Medium Intensity," Providing For Codffication. Repealer, Severability And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:25 a.m. Alton Road Historic District Buffer Overlay-An Ordinance Amending The Code OfT he City Of Miami Beach, Florida, By Amending Chapter 142. "Zoning Districts And Regulations." Article Ill. "Overlay Districts," Creating Division 8 "Alton Road-Historic District Buffer Overlay," By Including Section 142-858 "location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Buildmg Height; Minimum Setbacks; Building Separation; Demolrtion Or Additions To Contributing Buildings In An Historic District; And land Use Regulations For location Of Retail Uses, Restaurants. Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In EKcess Of 10.000 Sq. ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An EffecUve Date. (lnquines may be directed to the Planning Department at305-673-7550) 10:40 a.m. Building Department Permit Fees -An Ordinance Amending Chapter 14 Of The City Code. Entitled "Building Regulations:· By Amending Article II, Entitled "Construction Standards." By Amending Division 2. Entitled "Permit Fees," By Amending The Following Sections Therein. To Wit Section 14-61, Entitled "Permit Fees. Generally"; Section 14-62, Enutled "Building Permits": Section 14-63, Entitled "Plumbing Permits": Section 14-64, Entitled "Electrical Permits"; Section 14-65, EntiUed "Mechanical Permits"; Section 14-66, Entitled "Annual Facility Permit": Section 14·67. Entitled "Forty-Year Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign"; Section 14-70. EntiHed "General Information'; Section 14-71. Entitled "Temporary Structure"; To Provide For Express Permits. Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efficient, Effective, And Transparent Way To Assess Fees For Building Permit Services. And By Amending Corresponding Portions Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees." Relating To Building, Plumbing, Electrical, And Mechanical Work, And Other Building Department Activities; Providing For Repealer, Severability, Codification. And An Effective Date. (Inquiries may be directed to the Building Department at 305-673-761 0.) 10:50 a.m. Resort Tax Ordinance -An Ordinance Amending The Code O!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) Tlmreof (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. (Inquiries may be directed to the Finance Department at 305-673-7466.) 11:00 a.m. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, En!Hied "Administration." By Amending Arlrcle Ill, Entitled "Agencies, Boards And Comminees." By Amending Section 2-27. Entitled "Reserved:' To Create A 5/7th Vote Requirement For The Creatron Of Agencies, Boards And Committees; Providing E~eptions Thereto; And Providing For Repealer, Severability, Codification. And An Effective Date. (Inquiries may be directed to the City Attorney's Office at305-673-7470.) 11:10 a.m. Fire And Police Pension Ordinance -An Ordinance Amending Part 1. Subpart B. Article IX, Related Special Acts, Of The Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And Frre Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (lAFF} Local 1510. And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8 (FOP): Implementing Recommendations Of The Budget Advisory Committee. A Memorandum Of Understanding And Other Changes; Amending Section 63 Entitled "Source Of Monies For Fund: Computation Of liability; Use And Investment Of Fund"; "Sefllice Record"; And Amending Section 66 Entitled "Service And Disability Benefits Generally"; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Date. (Inquiries may be directed to the Human Resources Department at 305-673-7524.} 11:20 a.m. A Resolution To Adopt The Thrrd Amendment To The Capital Budget For Fiscal Year (FY} 2013/14. (Inquiries may be directed to tile Office of Budget & Performance Improvement at 305-673-7510.) 11:30 p.m. RM-2 Hotel Office Uses -An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District Regulations." Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142-212, "Main Permitted Uses," To Expand The Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue; Providing For Repealer; Severability; Codification; And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission. c/o the City Clerk. 1700 Convention Center Drive, 1" Floor, City Hall. Miami Beach. Florida 33139. A copy of this item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall. Miami Beach, Florida 33139. This meeting or this item may be continued, and under such cin::umstances, additional legal notice need not be provided. Rafael E. Granado, City Clerk Crty of Mramr Beach Pursuant to Section 286.0105. Fla. Stat., t11e City hereby advises the pul:lllr. that: if a person decides to appeal any de~ision made by the City Commission wi\11 respect to any matter ~onsidered atlts meeting or its hearing, such person must ensure that a ver!Jatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constilllte consent by the City for the intrMuction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters. ir1formation on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at (305) 673-7411(voice) or TIY users may also call the Florida Relay Service at711. A0#862 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 102 Entitled "Taxation," By Amending Article lv Entitled "Resort Tax," By Amending Division 4 Entitled ''Tax," By Amending Section 102-314 Entitled "Penalties And Interest," By Amending Subsection F Thereof Regarding The Establishment Of A Fixed Late Reporting Penalty For Annual Returns Filed Late Where No Tax Is Due ... Ke Intended Outcome Su orted: Make City more business friendly. Item Summary/Recommendation: The Administration recommends that the City Commission approve the item. The City of Miami Beach levies a three percent resort tax on the rent of every occupancy of a room or rooms in any hotel, motel, rooming-house, or apartment house in the city. Operators of the aforementioned establishments are responsible for the collection and reporting of taxes collected at their premises. This tax is imposed on any rents, paid by a lessee or occupant, for rental periods shorter than six months. All taxes collected by operators are required to be held in trust for the account of the city until payment thereof is made to the city. Each operator is required to file a return for each tax period even though no tax may be due. Operators that do not traditionally have rental periods shorter than six months are required to file on an annual basis as opposed to filing a monthly return. Annual returns are due May 20th of each year for the preceding tax period of May 1st through April 30th. The City currently assesses a late reporting penalty of $25 per month for annual resort tax returns that are filed late and where no tax is due to the City. These penalties are capped at $500.00 per return. Operators that have no resort tax to report and fail to file an annual return for several tax periods, may be penalized up to $500 for each annual report that is not filed timely. Advisory Board Recommendation: NJA Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin n-Offs: Department Director Chief Financial GPE POW T:\AGENDA\2014\March\ Resort Tax Annual Returns Penalty-SUM.d MIAMI BEACH 351 Account Approved AGENDA ITEM ----::::---"fl-='"5"-::::D~ DATE --=3--:-b:...-...;_f<f~ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Philip Levine and Members of the Cit/ Commission Jimmy L. Morales, City Manager_._ __ /Q March 5, 2014 SUBJECT: Resort Tax SECOND READING -PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 102 ENTITLED "TAXATION," BY AMENDING ARTICLE IV ENTITLED "RESORT TAX," BY AMENDING DIVISION 4 ENTITLED "TAX," BY AMENDING SECTION 102· 314 ENTITLED "PENALTIES AND INTEREST," BY AMENDING SUBSECTION F THEREOF REGARDING THE ESTABLISHMENT OF A FIXED LATE REPORTING PENALTY FOR ANNUAL RETURNS FILED LATE WHERE NO TAX IS DUE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the proposed ordinance that was approved on first reading during the February 12, 2014, City Commission meeting. BACKGROUND The City of Miami Beach levies a three percent resort tax on the rent of every occupancy of a room or rooms in any hotel, motel, rooming-house, or apartment house in the city. Operators of the aforementioned establishments are responsible for the collection and reporting of taxes collected at their premises. This tax is imposed on any rents, paid by a lessee or occupant, for rental periods shorter than six months. All taxes collected by operators are required to be held in trust for the account of the city until payment thereof is made to the city. Each operator is required to file a return for each tax period even though no tax may be due. Operators that do not traditionally have rental periods shorter than six months are required to file on an annual basis as opposed to filing a monthly return. Annual returns are due May 201h of each year for the preceding tax period of May 1st through April 30th. The City currently assesses a late reporting penalty of $25 per month for annual resort tax returns that are filed late and where no tax is due to the City. These penalties are capped at $500.00 per return. Operators that have no resort tax to report and fail to file an annual return for several tax periods, may be penalized up to $500 for each annual report that is not filed timely. 352 Commission Memorandum Resort Tax March 5, 2014 Page 2 of 2 Resort tax penalties are in place to encourage operators to file on a timely basis. Penalties and interest charges are in effect to penalize operators that collect resort taxes, but fail to remit payment to the City in a timely manner. An unintended consequence of the penalties in place for operators is the large penalty for annual filers with zero taxes to report. The Administration is recommending the City Commission review the penalties in place and levy a more appropriate penalty for offenses, and accordingly update Appendix A of the City Code. Administration is recommending the late reporting penalty be set at $50 for each annual resort tax return that is filed late and where no tax is due to the City. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the lang-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the lang-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. There are currently 1,062 operators that report on annual basis. Penalties collected from annual filers for the calendar year 2013 totaled $9,250. CONCLUSION The City Administration recommends that the Mayor and Commission adopt the Ordinance. JLM/PDW/GPE/MM T:\AGENDA\2014\March\Resort Tax Annual Returns Penalty-MEMO 2nd Read.docx 353 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 PENALTY 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; and 354 WHEREAS, the Mayor and City Commission, at their February 12, 2014 meeting, approved the proposed Ordinance on first reading. 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 1 02-314 (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 fe.e 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. MAYOR ATTEST: APPROVED AS TO CITY CLERK FORM & LANGUAGE ··J & FOR EX~CUTION (Sponsored by Commissioner Deede Weithorn) 1 ~ ,: ··~~~~~-2 355 w CJ'I 0) X MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY. FEBRUARY 20. 2014 I 1SNE NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, In the Commission Chambers. 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 5, 2014 to consider the following: 10:05 a.m. File No. 2147. 4000 Alton Road, Talmudic University -FLUM Amendment -An Ordinance Amending The Fu1ure Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, Fmm The Current ROS, "Recreation And Open Space, "To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability Md An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:10 a.m. File No. 2148.4000 Alton Road, Talmudic University-Zoning Map Change-An Ordinance Amending The Official zoning District Map, Referenced In Section 142-72 Of The C0<1e Of The City Of Miami Beach, Rorlda. By Changing The Zoning District Classification For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, Fmm The Current Zoning Classification GU, "Government Use District," To The Proposed Zoning Classification RM-2. "Residential Multi-Family Medium Intensity," Providing For Codification. Repealer, Severability And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:25 a.m.Aiton Road Historic District Buffer Overlay-An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts; Creating Division B "AHon Road-Historic District Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859 "Oel'lllopment Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location 01 Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage EstaiJiishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment EstaiJIIshmenls In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For CodifiCation; Repealer: Severability; And An EflecHve Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:40 a.m. Building Department Permit Fees-An Ordinance Amending Chapter 14 Of The City Code, Entitled "Building Regulations," By Amending Article II, Entitled "Construction Standards," By AmeMing Division 2, Entitled "Permit Fees," By Amending The Following Sections Therein, To Wit: Section 14-61, Entitled "Permit Fees. Generally"; Section 14-62, Entitled "Building Permits"; Section 14-63, Entitled "Plumbing Permits": Seeton 14-64, Entitled "Electrical Permits"; Section 14-65. Entitled "Mechanical Permits"; Section 14-66, Entitled "Annual Facility Permit"; Section 14-67, Entitled "Forty-Year Building Recertification Program"; Section 14-58, Entitled "Occupant Content Sign"; Section 14-70, Entitled "General Information": Section 14-71. Entitled "Temporary Structure·•; To Provide For Express Permits, Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efficient. Effective, And Transparent Way To Assess Fees For Building Permit Services, And By Amending Corresponding Porti011s Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees," Relating To Building, Plumbing, Electrical, And Mectlafllcal Work, And Other Building Department ActiviUes: Providing For Repealer, Severability, Codification, And An Effective Oate. (lnquilies may be directed to the Building Department at 305-673-7610.) 10:50 a.m. Resort Tax Ordinance-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 Entrtled "Penalties And Interest," By Amending Subsection (F) Thereof (And Including The Corresponding AmendmentTo Appendix "A" Thereto), Regarding The Establishment Of A Fixed Late Reporting Penalty For Annual Returns Filed Late, Wlme No Tax Is Due; Providing For Codification; Repealer; Severability; And An Effeclll'll Date. (Inquiries may be directed to the Finance Department at 305-673-7 466 ) 11:00 a.m. An Ordinance Amending The Code Ot The City 01 Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees,'' By Amending Section 2-27, Entitled "Reserved," To Create A 5/7th Vote Requirement For The Creation 01 Agencies, Boards And Committees; Providing Exceptions Thereto; And Providing For Repealer, Severability, Codification, And An Effective Date. (Inquiries may be directed to the City Attorney's Office at 305-673-7470.) t1:10 a.m. Fire And Police Pension Ordinance-An Ordinance Amending Part I, Subpart B. Article IX, Related Special Acts. 01 The Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Memllers Of Police And F,re Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. B (FOP); Implementing Recommendations Of The Budget Advisory Committee, A Memorandum Of Understanding And Other Changes; Amending Section 63 EntiUed "Source Of Monies For Fund; compulaliOil 01 Liability; Use And Investment Of Fund"; "Service Record"; And Amending Section 66 Entitled "Service And Disal>ility Benefits Generally"; Providing For Several>lllty; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Date. (Inquiries may l>e directed to the Human Resources Department al305-673-7524.) 11:20 a.m. A Resolution To Adopt The Third Amendment To The Capital Budget For Rscal Year (FI') 2013/14. (Inquiries may be directed to lhe Office ol Budget & Perlormance lmprol'ement at305-673-7510.) 11:30 p.m. RM-2 Hotel Office Uses -An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142-212, "Main Per milled Uses," To Expand The Allowable Uses In The FIM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue: Providing For Repealer; Severability; Codification; And An Effective Date. (Inquiries may be directed lo the Planning Department at305-673-7550.) INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views In writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive. 1 ''Floor, City Hall, Miami Beach, Florida 33139. A copy of tnis item is available for public inspec1i011 during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting or this item may be continued, and under such circumstances, additional legal notice need not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Ra. Stat, the City hereby advises the public that: il a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its liearing, such perS(ln must ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based This notice does not constitute consent by llie City tor the introduction or admission of otherwise inadmissiiJie or Irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request thts material in accessible lormat. sign language interpreters. information on access for persons willi disabililies and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days In advance at (305) 673-7411(voice) or TTY users may also call the Florida Relay Service at 711. AD#862 MIAMI BEACH JOSE SMITH, CITY AnORNEY OFFICE OF THE CITY AnORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Philip Levine Members of the City Commission Jimmy Morales, City Manager SECOND READING (PUBLIC HEARING) Ralph Granado, City Cle.~k· . (;); Jose Smith, City Attor~~y. ' y:/C{" . I March 5, 2014 ~ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2-27, ENTITLED "RESERVED," TO CREATE A 5/7TH VOTE REQUIREMENT FOR THE CREATION OF AGENCIES, BOARDS AND COMMITTEES; PROVIDING EXCEPTIONS THERETO; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Pursuant to the request of Commissioner Deede Weithorn, the above- referenced Ordinance was submitted for consideration and was passed on First Reading by the Mayor and City Commission on February 12, 2014. The Ordinance is now set for Second Reading/Public Hearing. F:\ATTO\TURN\MEMOS\Requiring A 5-7th Vote To Create Agencies, Boards, And Committees Second Reading.docx os-E Agenda Item __.,n~--:--:- Oate B-S'-l ~ 357 ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2-27, ENTITLED "RESERVED," TO CREATE A 5/7TH VOTE REQUIREMENT FOR THE CREATION OF AGENCIES, BOARDS AND COMMITTEES; PROVIDING EXCEPTIONS THERETO; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, due to recent efforts to streamline and provide greater efficiency in the City's boards, the Mayor and City Commission deem it in the best interest of the City that, subject to limited exceptions, a 5/?th vote of the City Commission be required for the creation of new City agencies, boards, and committees. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article Ill, entitled "Agencies, Boards and Committees," of Chapter 2, entitled "Administration," of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 2 Administration * * * ARTICLE Ill. Agencies, Boards and Committees * * * Division 1. Generally * * * Sec. 2-27. Reserved 5/7th Vote Requirement for Creation of Agencies, Boards, and Committees; exceptions. a) The creation of any City agency. board. or committee shall require a 5/?th affirmative vote of the City Commission. b) This section shall not apply to: 1) ad hoc agencies. boards, and committees; 358 2) agencies, boards, or committees created by the Mayor as a Mayor's board or committee; 3) any agency, board. or committee created pursuant to federal, state, or county law. or by contract, which does not require a 5/?th affirmative vote of the City Commission for its creation. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of _________ , 2014. PASSED and ADOPTED this day of---------' 2014. ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions Strike through denotes deletions (Sponsored by Commissioner Deede Weithorn) MAYOR PHILIP LEVINE \. F:\ATTO\TURN\ORDINANC\Sec 2-27 57th Vote for Creation of Boards.docx 2 359 w 0') 0 X MIAMI HERALD I Miam1Herald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY, FEBRUARY 20, 2014 I 15NE NOTICE IS HEREBY given that a public hearing will be held lly the Mayor and City Commission of the City of Mmmi Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. on Wednestlay, March 5, 2014 to consider the following: 10:05 a.m. File No. 2147. 4000 Alton Road, Talmudic University-FLUM Amendment-An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category Rlr Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current ADS, "Recreation And Open Space, "To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing Rlr InclusiOn In The Comprehensive Plan, Transmittal, Repealer, Severability Ami An Effective Date. (Inquiries may be directed to tile Planning Department at 305-673-7550.) 10:10 a.m. File No. 2148. 4000 Anon Road, Talmudic University-Zoning Map Change-An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Class~ication For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification GU, "Government Use District," To The Proposed Zoning Classification RM-2, "Residential Multi-Family Medium Intensity," Providing For Codification, Repealer, Severability And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:25 a.m. Allon Road Historic District Buffer Overlay-An Ordinance Amending The Code OfT he City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations." Article Ill, ·overlay Districts," Creating Division 8 "Alton Road-Historic District Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks: Blrlldlng Separation; Demolition Or Additions To Contributing Buildings In An Historic District: Anc Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Recuiring Conditional Use Approval Of Suell Uses In Excess 0110,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Excep~onsAs Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:40 a.m. Building Department Permit Fees -An Ordinance Amending Chapter 14 Of The City Code, Entitled •Building Regulations," By Amending Article II, Entitled "Construc~on Standards," By Amending Division 2, Entitled "Permit Fees," By Amending The Following Sections Therein, To Wit: Section 14-61, Entitled "Permit Fees, Generally": Section 14-62, Entitled "Building Permits": Section 14·63, Entitled "Plumbing Perm1ts": Section 14-64, Entitled "Electrical Permits"; Section 14-65, Enti~ed "Mechanical Permits"; Section 14-66, Entitled "Annual Facility Permit"; Section 14-67, Entitled "Forty-Year Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign"; Section 14-70, Entitled "General Information"; Section 14-71, Entitled "Temporary Structure"; To Provide For Express Permits, Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efficient, Effective, And Transparent Way To Assess Fees For Building Permit Services. And By Amending Corresponding Portions Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees,'' Relating To Building, Plumbing, Electrical, And Mech1111ical Work, And Other Building Department Activities; Providing For Repealer, Severability, Codification, And An Effective Date. ~nquiries may be directed to the Building Department at 305-673-761 0.) 10:50 a.m. Resort Tax Ordinance -An Ordinance Amending The Code OfT he City Of Miami Beach, Aorida, By Amending Chapter 102 Ent1tlec "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 lncfudmg The Corresponding AmendmentToAppendlx "A" Thereto), Regarding The Establishment Of A Fbed Late Reporting Penalty For Annual Returns Filed Late, Where No Tax Is Due; Providing RJr Codification; Repealer; Severability; And An Effective Date. (Inquiries may be directed to the Finance Department at 305-673-7466.) · 11:00 a.m. All Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amenoing Section 2-27, Entitled "Reserved,"To Create A 5/7th Vote Requirement For The Creation Of Agencies, Boards And Committees; Providing Exceptions Thereto: And Providing For Repealer, Severability, Codification, And An Effective Date. (Inquiries may be directed to the City Attorney's Office at 305-673-7470.) 11:10 a.m. Fire And Police Pension Ordinance -All Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach City Code EntiHed "Pension System For Disability And Retirement 01 Members Of Pollee And Fire Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) local 1510. And Miami Beach Fraternal Order Of Pollee, William Nichols Lodge No. B (FOP); Implementing Recommendations Of The Budget Advisory Committee, A Memorandum Of Understanding And Other Changes; Amencing Section 63 Entitled "Source Of Monies For Fund; Computation Of Uability; Use And Investment Of Fund"; "Service Record"; And Amending Section 66 Entitled "Service And Disability Benefits Generally"; Pmviding For Severability; Repealing All Ordinances In Conflict Therewith: And Providing For An Effective Date. (Inquiries may be directec to the Human Resources Department at 305-673-7524.) 11:20 a.m. A Resolution To Adopt The Third Amendment To The Capital Budget For Fiscal Year (FY) 2013114. (Inquiries may be directed to the Office of Budget & Performance Improvement at 305-673-7510.) 11:30 p.m. RM-2 Hotel Office Uses-An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article It "Drstricl Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142-212, "Main Permitted Uses,'' To Expand The Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue; Providing For Repealer, Severability; Codification; And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) INTEflESTED PARTIES are invitee to appear at this meefing, or be represented by an agent. or to express their views in writing addressed lo the City CommisSion, c/o tne City Clerk, 1700 ConvenUon Center Drive, 1 '1 Floor, City Hall, Miami Beach, Flonda 33139. A copy of this item is available for public inspection during normal business hours in the City Cler1<'s Office, 1700 Convention Genter Drive. 1• Floor, City Hall, Miami Beach, Florida 33139. This meeting or this item may be continued, and under such circumstances, additional legal notice need not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 285.0105, Fla. Stat., the Cltv hereby advises the public that: II a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does It authorl2e challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access lor persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at (305) 673-7 411 (voice) or TTY users may also call the Florida Relay Service at 711. AD#862 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, of The Miami Beach City Code Entitled "Pension System for Disability and Retirement of Members of Police And Fire Departments; Amending Section 63 Entitled "Source of Monies for Fund; Computation of Liability; Use and Investment of Fund"; Service Record"; And Amending Section 66 Entitled "Service and Disability Benefits Generally" Ke Intended Outcome Supported: Attract and maintain a workforce of excellence, control costs of payroll including salary and fringes/minimize taxes/ensure expenditure trends are sustainable over the ton term Item Summary/Recommendation: Second Reading -Public Hearing On September 30, 2013, the City Commission adopted Ordinance #2013-3817, amending provisions in the Fire and Police Pension Plan to reflect what had been negotiated with the International Association of Firefighters (IAFF) and the Fraternal Order of Police (FOP). Following adoption of the ordinance, both the IAFF and FOP raised concerns regarding the definition of the Final Average Monthly Earnings (FAME) retirement benefit for members hired prior to September 30, 2013, since they believed the ordinance should have maintained the previously existing language; that the FAME would be based on the average of the highest three or the last three years of a member's employment. The adopted ordinance provides for the average of the highest three years and is silent on the subject of the last three years. Upon the administration's inquiry, Buck Consultants, the actuary for the Fire and Police Pension Plan, advised that its actuarial analysis did not change the FAME calculation of the three last years for members hired prior to September 30, 2013. It is important to note that the previous pension ordinance reflected the FAME based on the average of the two highest years or two last years for members hired prior to July 14, 2010. Additionally, the Fire and Police Pension ordinance adopted at the September 30, 2013, City Commission meeting based the FAME for employees hired on or after September 30, 2013, on the average of the five (5) highest or five last years. After numerous discussions between the parties, the City agreed that the omission of the "last three years" was not intentional and therefore recommends that the definition of the FAME for members hired prior to September 30, 2013, be amended to include both the highest three years and the last three years of employment. On October 2013, the City was served with both a grievance and an unfair labor practice (ULP) charge in which the aggrieved party alleged that a retirement benefit negotiated for members hired as a result of a consent decree had been unilaterally altered by the administration eliminating IAFF members from eligibility. After consulting with the City's and the IAFF's legal counsel, the parties met and negotiated a Memorandum of Understanding (MOU) that made members hired under the consent decree eligible for retirement under the Rule of 70 with no minimum age requirement. The IAFF confirmed on December 6, 2013, that the MOU was ratified by the membership with 115 voting members in support of the MOU and 23 against Ordinance 2013-3817 also amended the definition of "employee" as a Plan member to allow new firefighters and police officers to join the pension plan upon employment. rather than at the end of their probationary period. The Chief of Police is a member of the Miami Beach Employees' Retirement Plan (MBERP) because he never held a classified position in the police department and was, therefore, ineligible to join the Fire and Police Pension Plan. According to the pension attorney for the Fire and Police Pension Plan, the recently amended definition of employee excluded the Chief of Police from joining the Fire and Police Pension Plan because he was not hired on or after September 30, 3013. The proposed ordinance seeks to clarify the definition of employee by specifically excluding any unclassified fire or police employee who was hired before September 30, 2013 whose initial employment with the City was in the unclassified service and who continuously remained a member of the unclassified service after that date to remain a member of MBERP. Any law enforcement or fire employee hired into the unclassified service after September 30, 2013, is, however, eligible to be a member of the Fire and Police Pension Plan. According to the Pension Board actuary for the Plan there will not be a financial impact for this change. An impact statement from the Plan's actuary is provided as an attachment. After adoption of the ordinance on September 30, 2013, the City's pension actuary, Michael Tierney, provided revised language concerning the Budget Advisory Committee's recommended pension policies and guidelines adopted by the City Commission on July 17, 2013. Given that the administration is recommending amending the Fire and Police Pension ordinance, these revisions are also included in the proposed ordinance amendment. The Administration recommends adopting the proposed ordinance. ust29,2012 Source of Amount Funds: 1 FY2013/2014 N/A D 2 FY2014/2015 N/A 3 FY2015/2016 N/A OBPI Total N/A Financial Impact Summary: According to the City's actuary, the changes to the ordinance will not have a financial impact on the City. MIAMI BEACH 361 AGENDA IT EM ---;;i-R-'-::::;S_F-"i"T"".-- DATE 3 ~s--I q m MIAMI BEACH ""="" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 3 3139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 EADING-PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PA T I, SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS"; IMPLEMENTING PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY AND FIRE FIGHTERS OF MIAMI BEACH, (IAFF) LOCAL 1510, AND MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8 (FOP); IMPLEMENTING RECOMMENDATIONS OF THE BUDGET ADVISORY COMMITTEE, A MEMORANDUM OF UNDERSTANDING AND OTHER CHANGES; AMENDING SECTION 63 ENTITLED "SOURCE OF MONIES FOR FUND; COMPUTATION OF LIABILITY; USE AND INVESTMENT OF FUND"; SERVICE RECORD"; AND AMENDING SECTION 66 ENTITLED "SERVICE AND DISABILITY BENEFITS GENERALLY"; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The administration recommends adopting the proposed ordinance that was approved on first reading during the February 12, 2014, City Commission meeting. BACKGROUND On July 17, 2013, the City Commission ratified a collective bargaining agreement covering the period October 1, 2012 through September 30, 2015, between the City of Miami Beach and the IAFF, subjectto ratification by the IAFF membership. On August 7, 2013, the IAFF confirmed ratification of the contract by a majority of their voting membership. On July 19, 2013, the City Commission ratified a collective bargaining agreement covering the period October 1, 2012 through September 30, 2015, between the City of Miami Beach and the FOP, subject to ratification by the FOP membership. On September 11, 2013, the City Commission adopted a resolution accepting the amended 2012-2015 collective bargaining agreement with the FOP. The FOP membership ratified the amended contract with 175 voting in favor and 108 against. The administration had received direction from the City Commission to negotiate changes to the Fire and Police Pension Plan that would generate a savings of $6 -$8 million from the City's Annual Required Contribution (ARC) in the first year. In addition, negotiated pension changes were to yield recurring, annual savings from the City's ARC, as well as a reduction to the Unfunded Actuarial Accrued Liability (UAAL). 362 City Commission Memorandum March 5, 2014 Fire and Police Pension -2nd Reading Page 2 of4 Information in the memorandum accompanying Ordinance 2013-3817, focused on highlighting the changes that reflected upon the successful negotiation of terms and conditions in line with the direction the administration had received. They included, but were not limited to: • Increasing the number of years for the computation of the Final Average Monthly Earnings (FAME) for employees hired after September 30, 2013; • Reducing the maximum benefit from 90 to 85 percent of pensionable earnings with a finite number of employees excluded from this change; • Reducing the vesting period from ten to five years; • Limiting the purchase of prior creditable service to military service; • Applying statutory changes where overtime toward the FAME is limited to a maximum of 300 hours per year and the dollar value of accrued leave cannot be used to increase the pension benefit; and • All new hires to become members of the Fire and Police Pension Plan effective upon their hire date and will start contributing 10.5 percent of their pensionable earnings immediately, rather than at the end of their probationary periods. At the July 17, 2013, City Commission meeting, the Commission adopted a number of policies and guidelines relating to the City's two pension plans. Therefore, included in the amendments to the Fire and Police Pension ordinance were the following pension policies: • The City shall fund at least the normal cost of pension. If this exceeds the amount of the actuarially determined annual required contribution, the excess should be placed in a pension stabilization fund, to be made available for future pension shortfalls. • The City should require 5, 10 and 20 year projections of required pension contributions as part of the annual actuarial valuations for each of the City's pension plans. These projections shall be based on the current actuarial assumptions for each plan. The projections shall be updated to reflect the cost of any proposed benefit enhancement before the City Commission agrees to the enhancement. The cost of these studies shall be funded separately from the annual contribution to the pension plan • There shall be an experience study of each of the City's pension plans' actuarial assumptions performed by an actuary that is independent from the pension board. The experience study should be conducted at least once every three years to compare actual experience to the assumptions. The independent actuary shall make recommendations for any changes in assumptions based on the results of the experience study, and any deviations from those assumptions by the pension boards shall be justified to the City Commission. Ordinance 2013-3817 incorporated language to address these adopted policies and guidelines. ANALYSIS To allow new firefighters and police officers to join the pension plan upon employment, rather than at the end of their probationary period, the definition of employee had to be changed in the ordinance. The proposed and subsequently adopted language read as follows: "Employee means any full time employee who is certified as a firefighter as a condition of employment in accordance with section 633.35. Florida Statutes. and whose duty it is to extinguish fires, to protect life or to protect propertv. and any full time 363 City Commission Memorandum March 5, 2014 Fire and Police Pension -2nd Reading Page 3 of 4 employee who is certified or required to be certified as a law enforcement officer in compliance with section 943.1395, Florida Statutes. who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime of the enforcement of the penal. criminal. traffic, or highway laws of the state. Regular member of the aeliae eleaartment or fire Elepartrnent v:he has attaineel regular Givil serviae status in suoh elepartment uneler the effiaial olassifioations of positions in the olassifieel sor\'ioo of the City, having a rank in suoh elepartmont other than Givilian rank anel ether than the olassifiaatien of soheel guarel. Unless they have never held slassifieel positions with the City. the shief of tho polise anel fire elepartments shall be sonsielmed Emplovees fer tho purposes of this System. The new definition of employee changed the status by requiring any certified firefighter or police officer whose position is in the unclassified salary group, who is hired on or after September 30, 2013, to become a member of the Fire and Police Pension Plan. The current Chief of Police is a member of the Miami Beach Employees' Retirement Plan (MBERP) because he never held a classified position in the police department and was, therefore, ineligible to join the Fire and Police Pension Plan. Based on a legal opinion from the Fire and Policy Pension Plan attorney and the City's pension attorney, the recent amendment to the definition of employee excluded the Chief of Police because he was not hired on or after September 30, 2013. The proposed ordinance aims to clarify the recently amended definition by stating that any employee hired prior to September 30, 2013 whose initial employment with the City was in the unclassified service and who continuously remained a member of the unclassified service after that date shall remain a member of the MBERP for as long as employee as an unclassified employee, and shall not be eligible to participate in the Fire and Police Pension Plan. When the vesting period was reduced from ten to five year, the actuarial finding was that there was no real impact on the plan because their evaluation included only classified service employees who tend to have long careers with the City. However, the inadvertent inclusion of unclassified personnel in the definition of employee allows someone to come to the City late in his or her career and retire with full benefits at age 50 with only five years of service. The actuary for the Fire and Police Pension Plan has stated that there will not be a financial impact to the City for this this change. A financial impact statement from the Plan's pension actuary is provided as "Attachment 1" to this memorandum. Following adoption of the amended Fire and Police Pension ordinance, leadership from both the IAFF and FOP raised a concern relating to the newly adopted pension ordinance, which was ultimately determined to be a scrivener's error, concerning a member's Final Average Monthly Earnings (FAME). According to the unions, both IAFF And FOP had negotiated that effective September 30, 2013, the FAME for IAFF and FOP bargaining unit employees hired prior to September 30, 2013, would be based on the average of the three highest years or the three last years of employment; and employees hired on or after September 30, 2013, would be based on the average of the five highest years or the last five years of employment. However, the amended ordinance only reflected the "highest years'' for employees hired before September 30, 2013. Upon the administration's inquiry, Buck Consultants, the actuary for the Fire and Police Pension Plan advised that its actuarial analysis did not change the FAME calculation of the three last years for members hired prior to September 30, 2013. The actuarial impact statement is provided as "Attachment 2" to this memorandum. It is important to note that until the revisions approved September 30, 2013, the pension benefits for employees hired prior to July 14, 2010, reflected the FAME to be based on the average of the two highest years or last two years of employment. In addition, the Fire and Police Pension ordinance adopted September 30, 2013, did provide employees hired on or after September 30, 2013, a retirement benefit reflecting their FAME based on the average of the five hig host or five last years. After numerous 364 City Commission Memorandum March 5, 2014 Fire and Police Pension -2nd Reading Page 4 of4 discussions between the City and the IAFF and FOP Union leadership, the City agreed to recommend a revision to the ordinance so that members hired prior to September 30, 2013, would have their FAME calculations based on the three highest or last three years of employment, whichever is greater. On October 2013, the City was served with both a grievance and an unfair labor practice charge (ULP) in which the aggrieved party alleged that a retirement benefit negotiated for members hired as a result of a consent decree had been unilaterally altered by the administration eliminating IAFF members from eligibility. The benefit allowed members hired as a result of the consent decree to be grandfathered, permitting them to maintain their retirement age eligibility at 47 and the Rule of 70, with no minimum age requirement. After consulting with the City's counsel and counsel for the IAFF, the parties negotiated and entered into a Memorandum of Understanding (MOU) that made members hired under the consent decree eligible for retirement under the Rule of 70 with no minimum age requirement. Since the MOU changed terms and conditions of employment, it was subject to ratification by the union membership. On December 6, 2013, the IAFF confirmed that the MOU was ratified by the membership with 115 voting members in support of the MOU and 23 against. The MOU was ratified by resolution at the January 15, 2014, City Commission meeting. The Fire and Police Pension Plan actuary has advised that implementing this change for members covered by the IAFF hired as a result of the consent decree will not result in any significant impact to the Plan, as there are only two members who qualify. In late October 2013, the City's pension actuary, Michael Tierney provided the City with revised language concerning the pension policies and guidelines for both of the City's pension plans and adopted by the City Commission on July 17, 2013. Given that the administration is recommending changes to the Fire and Police Pension Plan ordinance, the revised language for the pension policies and guidelines have been included in the proposed ordinance amendment. CONCLUSION The administration recommends that the City Commission approve the proposed ordinance amending certain retirement benefits for Fire and Police Pension Plan members covered by the IAFF that are consistent with benefits granted certain members covered by the FOP; amending the FAME for members hired prior to September 30, 2013 to be based on the average of the three highest or three last years of employment; amending language concerning the SAC's adopted pension policies and guidelines as recommended by the City's pension actuary and amending the Plan provisions regarding unclassified employees to facilitate recruitment of command staff members. The administration recommends adopting the proposed ordinance. Attachments JLM/KGB/SC-T/CMG t:\agenda\2014\march\fire and police pension\fire and police pension ordinance clarification memo 2nd reading.doc 365 buck consultants· February 10,2014 CONFIDENTIAL Mrs. Celia B. Locke Executive Director ATTACHMENT 1 City Pension Fund/Firefighters & Police Officers City of Miami Beach 1691 Michigan Avenue, Suite 355 Miami Beach, FL 33139-2573 A Xerox Company Actuarial Impact Statement Regarding Participation Eligibility for Unclassified Employees to the City Pension Fund for Police Officers and Firefighters in the City of Miami Beach Dear Celia: We have reviewed the attached underlined changes to the ordinance for which we provided an Actuarial Impact Statement in our September 30, 2013 letter. The amendment as outlined has no actuarial impact on the Pension Fund. Please let us know if you have any questions or need anything further. Sincerely, 1 ~ ~-Grifrm ASA, EA, MAAA, FCA Director, Atlanta Retirement Practice Leader End: cc: Ms. Carla Gomez-City of Miami Beach Mr. Timothy Bowen-Buck Consultants/ Atlanta Mr. David Campbell-Buck Consultants/ Atlanta P:\Retirement\Miami Beach Fire and Policc\20 13\Union Priciog\CnrTC'Opondence\2()13 Miami Beach Poli~ and Fire .. Impact Swernent Unclassified Emp1oyees.docx 00993-0001 RET03 200 Galleria Parkway NW, Suite 1900 • Atlanta, GA 30339·5945 770.955.2488 • 770.933.8336 (fax} 366 buckconsultants· January 14, 2014 CONFIDENTIAL Mrs. Celia B. Locke Executive Director ATTACHMENT 2 City Pension Fund/Firefighters & Police Officers City of Miami Beach 1691 Michigan Avenue, Suite 355 Miami Beach, FL 33139-2573 A Xerox Company Actuarial Impact Statement for Language Amendment to the City Pension Fund for Police Officers and Firefighters in the City of Miami Beach Dear Celia: We have reviewed the language that revises the flnal average monthly earnings (FAME) for tier A and B participants from "highest 3 years" to "highest or last 3 years". Actuarial Impact The change in the language to include "or last 3 years" in the determination of the FAME has no actuarial impact on the Pension Fund. Please let us know if you have any questions or need anything further. Sincerely, Jo~Gri~n:::rMAAA.FCA Director, Atlanta Retirement Practice Leader cc: Ms. Carla Gomez -City of Miami Beach Mr. David Campbell-Buck Consultants/ Atlanta Mr. Steward Sainvil-Buck Consultants/ Atlanta P:\Rctiremeni\Miami Beach Fire and F'ohce\2013\UEJion Pricing\COITe;pOndcn-ce\2013 Union Negotiation Pricings Results· Scenario 5.doc.x 00993-0001 RET03 200 Galleria Parkway NW, Suite 1900 • Atlanta, GA 30339-5945 770.955.2488 • 770.933.8336 (fax) 367 ORDINANCE IMPLEMENTING PENSION PROVISIONS OF 2012-20151AFF AND FOP COLLECTIVE BARGAINING AGREEMENTS ORDINANCE NO. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS"; IMPLEMENTING PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY AND FIRE FIGHTERS OF MIAMI BEACH, (IAFF) LOCAL 1510, AND MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO.8 (FOP); IMPLEMENTING RECOMMENDATIONS OF THE BUDGET ADVISORY COMMITTEE, A MEMORANDUM OF UNDERSTANDING AND OTHER CHANGES; AMENDING SECTION 63 ENTITLED "SOURCE OF MONIES FOR FUND; COMPUTATION OF LIABILITY; USE AND INVESTMENT OF FUND"; SERVICE RECORD,; AND AMENDING SECTION 66 ENTITLED "SERVICE AND DISABILITY BENEFITS GENERALLY"; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Effective September 30, 2013, Section 62 of Part 1, Subpart 8, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Section 62. Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * " * Employee means any full time employee who is certified as a firefighter as a condition of employment in accordance with section 633.35, Florida Statutes, and whose duty it is to extinguish fires, to protect life or to protect property, and any full time employee who is certified or required to be certified as a law enforcement officer in compliance with section 943.1395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. The foregoing definition applies to employees hired on or after September 30. 2013. Notwithstanding the foregoing definition. any employee hired before September 30, 2013 whose initial employment with the City was in the unclassified service and who continuously remained a member of the unclassifed service after that date shall remain a member of the Miami Beach Employees Retirement Plan for as long as employed as an unclassified employee. and shall not be eligible to participate in this System. * * * Salary, for the purpose of determining member contributions under this System, means the member's base pay, longevity pay, overtime, shift differential and extra compensation allowance such as uniform allowance, before reduction for the picked-up member contributions and before reduction for any amounts contributed in accordance with sections 125 or 457 of the Internal Revenue Code. Notwithstanding the preceding sentence, effective September 30, 2013, Salary shall exclude overtime pay in excess of 300 hours per calendar year, payments for unused sick and vacation leave, hazardous 1 368 duty pay (when paid), payments relating to the domestic partner tax credit reimbursement, and payments to police officer members for voluntarily participating in a physical fitness assessment program offered by the City. However, for periods prior to October 1, 2000 and solely with respect to May 1993 Members, the term "Salary" shall refer only to base pay and longevity pay, excluding any payment of overtime, shift differential or extra compensation allowance such as uniform allowance, but determined before reduction for the picked-up member contributions and before reduction for any amounts contributed in accordance with sections 125 or 457 of the Internal Revenue Code. For purposes of determining the amount of a member's benefit under the System, Salary shall mean the amount determined under this section as modified by the provisions of section 66 under which the benefit is being provided. Notwithstanding anything herein to the contrary, a member's Salary taken into account for any purpose under this System, including for purposes of determining the amount of a member's benefit and his contribution to this System, shall not exceed the limitation set forth in section 401 (a)(17) of the Internal Revenue Code as adjusted for changes in the cost of living by the Secretary of the Treasury of the United States. However, for employees who were members before the first plan year beginning after December 31, 1995, the limitation on Salary shall not be less than the amount which was allowed to be taken into account under this article as in effect on July 1, 1993. * * * Section 2. Section 63 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Sec. 63. Source of moneys for fund; computation of liability; use and investment of fund. * {b) Each member of this System hired before September 30, 2013 shall contribute 10% of his Salary to the Fund. Each member of this System hired on or after September 30, 2013 shall contribute 10.5% of his Salary to the Fund. The City shall, solely for purposes of complying with section 414(h) of the Internal Revenue Code, pick up contributions required to be made by the members under this System. The contributions so picked up shall be treated as employer contributions for purposes of determining their tax treatment under the Internal Revenue Code. (c) All computations of liability in connection with the System shall be based on tables and rates approved by the Board. The Board shall designate an actuary for the System who shall recommend such tables and rates for adoption by the Board. The actuary designated by the Board, on the basis of such tables and rates, shall recommend to the Board the amounts required to be paid into the System by the City under subsection (a) of this section. Effecti';e September JO, 201 d, During the three year period beginning October 1. 2013, and at least once every three years thereafter, there shall be an experience study of each of the City's pension plans' the System's actuarial assumptions performed by an actuary selected by the City. The experience study should be conducted at least once every three years to aompare actual experience to the assumptions. The actuary selected by the City shall make recommendations for any changes in assumptions based on the results of the experience study, aAd any deviations from those assumptions by the pension boards shall be justified to the City Commission. In the event the Board of Trustees or plan actuary disagrees with the recommended assumption changes. the Board or plan actuary shall present the basis of their disagreement and justify and deviation from the recommended assumptions to the City Commission. Effective September 30, 2013, the City shall require 5, 10 and 20 year projections of required pension contributions as part of the annual actuarial valuations for each of the City's pension plans. These projections shall be based on the current actuarial assumptions for each plan. The projections shall be updated to reflect the cost of any proposed benefit enhancement before the City Commission agrees to the enhancement. The cost of these studies shall be funded separately from the annual contribution to the pension plan. 2 369 (d) There shall be a complete actuarial evaluation prepared by the actuary at least every three years, and the City shall make such adjustments in its contributions as shall be shown to be required by such actuarial evaluation. The money required to meet all the obligations of this System over and above the personal contributions from members, is a liability and obligation of the City. The expenses of the System shall not be separately budgeted so long as the method is permitted by law. The City commission shall levy annually, in the manner provided by law, upon all taxable property within the City, such millage on the assessed valuation thereof as is necessary to produce the amounts required to be contributed by the City to this System. Effective September 30, 2013, the City shall fund at least the normal cost of the pension the System, net of member contributions and state premium tax revenues. If the net City normal cost for any Plan year exceeds the City's annual required contribution as determined in accordance with Part VII, Chapter 112, Florida Statutes. the excess shall be held in reserve as part of the Fund assets, designated as the pension stabilization fund. and shall be used to offset the City's annual required contribution in any Plan year as determined by the City. The pension stabilization fund shall be accounted for separately and not included as assets of the Fund for plan valuation purposes. and shall be annually credited or debited with gains and losses at the same rate of return as the overall net market rate of return on Fund investments. If this exceeds the amount of the actuarially determined annual required contribution, the mEcess should be placed in a pension stabilization fund, to be made available for future pension shortfalls. * * * Section 3. Section 65 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Sec. 65. Computation of creditable service; service record. (a) A member's Creditable Service shall include all periods of employment as an Employee for which contributions have been made to this System in accordance with subsection (b) below and section 63(b), together with all service in the uniformed services of the United States required to be included under section 82; provided, however, that only periods of service in the uniformed services of the United States for which the member makes the member contributions as provided for in section 82 shall be Creditable Service for purposes of computing the amount of the member's benefit from the System. Notwithstanding any provision to the contrary, in no event shall the same period of service be counted more than once as Creditable Service under this System, and in no event shall a member receive Creditable Service under this System for any period of service for which credit has been received under any other defined benefit retirement plan established by the City. (b) Employees who become members of this System in order to receive credit for service rendered prior to their becoming a member shall make contributions to the Fund in the amount such member would have contributed had he been a member during the period of service for which credit is being purchased. In order to receive such credit, employees shall make payment within six months after becoming a member or within such other period as may be provided in a bargaining agreement covering the member. No Creditable Service shall be provided under this System for periods of service in another City retirement plan, nor shall any transfer of service or credit from another City retirement plan to this System be allowed. (c) The Board shall establish the service record of all employees who may be entitled to participate in the benefits of this System, and shall keep a record thereof. Section 4. Section 66 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Section 66. Service and disability benefits generally. 3 370 (a) The Board shall, upon application retire members meeting any one of the following requirements: (1) The attainment of age 50. (2) Permanent and total disability incurred in line of duty in the police or fire department, or in the unclassified service as provided in section 70, irrespective of the number of years of Creditable Service;. (3) Permanent and total disability incurred other than in the line of duty, after five years of Creditable Service. (4) The sum of the member's age and Creditable Service equals at least 70 and the member retires on or after October 1, 1998; provided, effective September 30, 2013, a member hired before July 14, 2010 must attain age 47 to be eligible for retirement under this paragraph (4); and a member hired on or after July 14, 2010 must attain age 48 to be eligible for retirement under this paragraph (4); and provided further, any member hired prior to July 14, 2010 who completes a buyback of prior Creditable Service prior to September 30, 2013 and reaches the maximum pension benefit of 85% of average monthly Salary prior to attaining age 47, the employee contribution shall cease on the date such employee reaches the 85% maximum pension benefit, and his/her final average monthly Salary will be frozen on the same date. Notwithstanding the preceding sentence, any police officer member. and effective January 16, 2014, any firefighter member hired pursuant to a consent decree may retire when the sum of the member's age and Creditable Service equals at least 70. (5) Only for periods prior to October 1, 2000 and only in the case of a May 1993 Member, the attainment of age 55 with at least 10 years of Creditable Service. (b) A member who attains eligibility for retirement under subsection (a) above on or before September 30, 2013 shall be entitled to receive upon retirement under subsection (a), a monthly pension payable for life equal to: (1) Three percent of the member's average monthly Salary for each year of the member's first 15 years of Creditable Service, being computed as to a part of a year on a pro rata basis to the nearest month; plus (2) Four percent of the member's average monthly Salary for each year of the member's Creditable Service in excess of 15 years, being computed as to a part of a year on a pro rata basis to the nearest month. (c) A member who does not attain eligibility for retirement under subsection (a) above on or before September 30, 2013 shall be entitled to receive upon retirement under subsection (a), a monthly pension payable for life equal to: {1) Three percent of the member's average monthly Salary for each year of the member's first 20 years of Creditable Service, being computed as to a part of a year on a pro rata basis to the nearest month; provided in no event shall a member's benefit multiplier for Creditable Service earned before October 1, 2013 be reduced; plus (2) Four percent of the member's average monthly Salary for each year of the member's Creditable Service in excess of 20 years, being computed as to a part of a year on a pro rata basis to the nearest month. 4 371 (d) For purposes of determining a member's benefit, the average monthly Salary of members who attains eligibility for retirement under subsection (a) above on or before September 30, 2015 shall be based on the average of the two highest-paid years of the member prior to the date of retirement or termination, or the average of the last two paid years of the member prior to the date of retirement or termination, whichever produces the greater benefit for members employed by the City before May 19, 1993, and shall be based on the average of the three highest paid years of the member prior to the date off retirement or termination for May 1993 Members. Effective September 30, 2015, the average monthly salary for members hired before July 14, 2010 who do not attain eligibility for retirement under subsection {a) above on or before September 30, 2015, shall be based on the average of the three highest paid years or the average of the last three (3) years of the member prior to the date of retirement or termination. whichever produces the greater benefit. The average monthly salary for Members Members hired on or after July 14, 2010 but prior to September 30, 2013, shall be based on the average of the three highest paid years or the average of the last three {3) years of the member prior to the date of retirement or termination, whichever produces the greater benefit. The average monthly salary for Members hired on or after September 30, 2013, shall be based on the average of the five....!.§2 highest paid years or the average of the last five (5) years of the member prior to the date of retirement or termination. whichever produces the greater benefit. For purposes of such calculation, Salary shall be the Salary upon which the member's contribution to the System was computed, as provided in paragraphs {1) and (2) below: PASSED AND DULY ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida, this day of , 2014. Philip Levine Mayor ATTEST: Rafael E. Granado City Clerk APPROVED ~ TO FORI~,-~ & lANGUAGE & FOR EXECUTION t:\agenda\2014\march\firc and police pension\f&p pension ordinance 2nd reading.docx 5 372 w ....... w X MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS •'JE THURSDAY, FEBRUARY 20, 2014 I 15NE NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida. in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 5, 2014 to consider the following: 10:05 a.m. File No. 2147. 4000 Alton Road, Talmudic University· FLUM Amendment· An Ordinance Amending Tile Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attachru! As Exhibit "A:' Hereto, From The Current ROS, "Recreation And Open Space,"To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severabilii'/ And An Effective Date. (Inquiries may be directed to the Planning Deparbnent at 305-673-7550.) 10:10 a.m. File No. 2148. 4000Mon Road, Talmudic University· Zoning Map Change· An Ordinance Amending The Official Zoning District Map, Referenced In Section 142·72 OfThe Code DfThe City 01 Miami Beach, Florida, By Changing The Zoning District Classfflcatlon For Parcels Of land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The CtJrrent Zoning Classification GU, "Government Use District," To The Proposed Zooing ClassJfication RM-2, "Residential Multi-Family Medium Intensity," Providing For Codification, Repealer, Severability And An Effective Date. (Inquiries may be directed to the Planning Department at 305·673·7550.) 10:25 a.m.Atton Road Historic District Buffer Overlay· An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Creating Division 8 "Alton Road-Historic District Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio: Maximum Building Height; Minimum Setbacks; Building Separation: Demolition Or Additions To Contributing Buildings In An Historic District And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses: Recuiring Conditional Use Approval Of Such Uses In E~cess 0110.000 Sq. Ft; And ProhibiUng Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance: Providing For Codification: Repealer; Severability; And An Effective Date. (Inquiries may be directed to the Planning Department at 305·673·7550) 10:40 a.m. Building Department Permit Fees -An Ordinance Amending Chapter 14 Of The City Code, Entitled "Building Regulations," By Amending Article II, Entitled "Construction Standards," By Amending Division 2, Entitled "Permit Fees," By Amending The Following Sections Therein, To Wit: Section 14·61, Entitled "Permit Fees, Generally"; Section 14-62, Entitled "Building Permits•: Section 14-63, Entitled "Plumbing Permits"; Section 14·64, Entitled "Electrical Permits": Section 14-65, Entitled "Mechanical Permits"; Section 14·66, Entitllld "Annual Facility Permit"; Section 14·67, Entitled "Forty-Year Building RecertificaMn Program"; Section 14·68, Entitled "Occupant Content Sign"; Section 14·70. Enutled "General Information": Section 14-71. Entitled "Temporary Structure"; To Provide For Express Permits, Phase Permits, Private Provider Fee Discounts, Permit Fee Reductioos And Refunds, And To Provide For A More Efficient, Effective, And Transparent Way To Assess Fees For Buildmg Perm1t Services, And By Amending Corresponding Portions Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees," Relating To Building, Plumbing, Electrical. And Mechanical WorK, And Other Building Department Activities; Providing For Repealer, Severability, Codification, And An Effec1ive Date. (lnquines may be directed to tile Building Department at 305·673-7610.) 10:50 a.m. Resort Tax Ordinance-An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 102 Entitled "Ta~atioo," By Amending Article IV Entitled "Resort Tax." By Amending Division 4 Entitled "Tax," By Amending SectiOn 102·31 4 EnUIIed "Penallles 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. ~nquiries may be directed to the Finance Deparbnent at 305-673· 7 466) 11:00 a.m. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Section 2-27, Entitled "Reserved," To Create A 5/71h Vote Requirement For The Creation Of Agencies, Boards And Committees; Providing Exceptions Thereto: And Providing For Repealer, Se~erability, Codification, And An Effective Date.(lnquiries may be directed to the City At1orney's Office at 305-673-7470.) 11:10 a.m. Fire And Police Pension Ordinance ·An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, 01 The Miami Beach City Code Entitled "Pension System for Disability And Retirement Of Members Of Police And Fire Departments"~ Implementing Provisions 01 The 2012·2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. B (FOP); Implementing Recommendations Of The Budget Advisory Committee, A Memorandum Of Understanding And Other Changes; Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of liability~ Use And Investment Of Fund": "Service Record"; And Amending Section 66 Entitled "Service And Disability Benefits Generally"; Providing For Severability; Repealing All Ordinances 111 Conftict Therewith; And Providing For An Effective Date. (Inquiries may be directed to the HL1man Resources Department at305-673·7524,) 11:211 a.m. A Resolution To Allopt The Third Amendment To The Capital Budget For Fiscal Year {FY) 2013/14, (Inquiries may be directed to tile Office of Budget & Performance Improvement at 305-673·7510 ) 11:30 p.m. RM-2 Hillel Office Uses -A11 Ordmance Amending The land De~elopmeot Regulations Of The Code Df The City 01 Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District Regulations." Division 3 "Residential Multilamily Districts," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142·212, "Main Permitted Uses," To E~pand The Allowable Uses In The RM·2 District To lnclu~e Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue; Providing For Repealer: Se~erahility: Codification; And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) INTERESTED PARTIES are invited to appear at Uris meeting, or be represented by an agent, or to express their views in wriHng addressed to the City Commission, c/o tile City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139.A copy of tll1s item is available lor puolic inspection during normal business hours in the City Clerk's Office, 1700 CoovenUon Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meetng or this item may be continued. and under such circumstances, additional legal notice need not be provided. Rafael E. Granado. City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the C1ty hereby advises the public that: if a per50n decides to appeal any deCISion made by the City Commission with respect to any matter considered at its meeting or its 11earing, such person must ensure tllat a verbatim record of tire proceedings is made, which record includes the testimony and evidence upon which tile appeal is to be based. This notice does not constrtute consent by the City for the introduction or admission of ot11erwise 1nadmissillle or irrele~ant evidence. nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days ill advance at (305) 673-741 1(v01Ce) or TTY users may also call the Florida Relay Service at 711. AD lt862 THIS PAGE INTENTIONALLY LEFT BLANK 374 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment to modify the requirements for Hotel Office Uses in the RM-2 District. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summary/Recommendation: SECOND READING -PUBLIC HEARING The proposed Ordinance would modify existing requirements for the certain types of hotel office uses in the RM-2 District. On February 12, 2014, the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; and 2) approved the Ordinance at First Reading. A Second Reading Public Hearing was scheduled for March 5, 2014. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: On November 19, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 5 to 1 (Jean-Francais Lejeune Opposed). Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: 1 Thomas Mooney Sign-Offs: Department Director T:\AGENDA\2014\March\RM-2 Hotel Offices-SUM 2nd Read.docx MIAMI BEACH 375 AGENDA ITEM ~@'--=5::--;f:r:=:-:--- DATE --'.3=---=5--=--J_,_t.(_ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 3 3139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members mmission DATE March 5, 2014 SUBJECT RM-2 Hotel Offices AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-212, "MAIN PERMITTED USES," TO EXPAND THE ALLOWABLE USES IN THE RM-2 DISTRICT TO INCLUDE CERTAIN TYPES OF OFFICE USES THAT ARE ASSOCIATED WITH NEARBY HOTELS ON COLLINS AVENUE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND On March 13, 2013, at the request of Commissioner Weithorn, the City Commission referred a discussion item to the Land Use and Development Committee, regarding a proposed amendment to include office uses associated with a hotel on Collins Avenue as a permitted use for properties in the RM-2 zoning district. On July 22, 2013, the LUDC referred to the Planning Board an ordinance to expand the permitted uses in the RM-2 District to include certain types of office uses associated with a nearby hotel. ANALYSIS Pursuant to Section 143-212 of the City Code, the main permitted uses in the RM-2 residential multifamily, medium intensity district are Single-family detached dwellings, Townhomes, Apartments, Apartment-hotels and Hotels. The referral from the City Commission and the LUDC recommends that the permitted uses in the RM-2 district be expanded to allow for certain types of office uses, which are associated with nearby hotels on Collins Avenue. Specifically, the following language is proposed: Sec. 142-212.-Main permitted uses. The main permitted uses in the RM-2 residential multifamily, medium intensity 376 Commission Memorandum Ordinance: RM-2 Hotel Offices March 5, 2014 Page 2 of 2 district are single-family detached dwellings; townhomes; apartments; apartment- hotels; and hotels; and offices that are incidental and customary to a hotel in the RM-3 district fronting Collins Avenue located no more than 1 .200 feet from the RM-3 hotel property. For purposes of this section, the distance between the RM- 3 hotel property and the RM-2 office property shall be measured by following a straight line between the properties' boundaries: further that office property shall be governed by a restrictive covenant approved as to form by the City Attorney, recorded in the public records, stipulating that the office use may only remain as long as the hotel use continues. The intention of the subject proposal is to give hotels located in RM-3 districts along Collins Avenue the flexibility of moving back office operations to adjacent properties within the RM-2 district. This would give hotels the ability to provide more rooms with ocean and street front views, without adding density. The proposed language also includes safeguards to ensure that offices proposed in the RM-2 district are within 1 ,200 feet of a hotel located on Collins Avenue and that the offices shall only be permitted while the hotel is operational. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on November 19, 2013, and recommended approval by a vote of 5 to 1 (Jean-Francais Lejeune Opposed). FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. SUMMARY The subject Ordinance was considered and approved by the City Commission on January 15, 2014; Second Reading was scheduled for March 5, 2014, in order to meet the 30 day notice requirement. However, subsequent to the initial action by the Commission on January 15, 2014, it was discovered that the minimum notice requirements for First Reading had not been met. Therefore, the Administration re- noticed the matter and the item was re-approved at First Reading on February 12, 2014. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. JL$rRM T:\AGENDA\2014\March\RM-2 Hotel Offices-MEM 2nd Read.docx 377 RM-2 Hotel Office Uses ORDINANCE NO. _______ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-212, "MAIN PERMITTED USES," TO EXPAND THE ALLOWABLE USES IN THE RM-2 DISTRICT TO INCLUDE CERTAIN TYPES OF OFFICE USES THAT ARE ASSOCIATED WITH NEARBY HOTELS ON COLLINS AVENUE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City Code contains provisions for permitting office uses associated with hotels; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize the retention, preservation and restoration of hotel structures located within the Collins Avenue corridor; and WHEREAS, the City of Miami Beach desires to amend existing main permitted use requirements for hotels located in the RM-2 district along Collins Avenue; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, Article II entitled "District Regulations", Division 3 entitled "Residential Multifamily Districts", Subdivision IV entitled "Residential Multifamily, Medium Intensity", Section 142-212, "Main Permitted Uses," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-212. -Main permitted uses. The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-family detached dwellings; townhomes; apartments; apartment-hotels; 8flG hotels; and offices that are incidental and customary to a hotel in the RM-3 district fronting Collins Avenue located no more than 1,200 feet from the RM-3 hotel property. For purposes of this section, the distance between the RM-3 hotel property and the RM-2 office property shall be measured by following a straight line between the properties' boundaries; further that office property shall be governed by a restrictive covenant approved as to form by the City Attorney, recorded in the public records, stipulating that the office use may only remain as long as the hotel use continues. 1 378 SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ 2014. ATTEST: CITY CLERK First Reading: Second Reading: February 12, 2014 March 5, 2014 Verified By: __________ _ Thomas R. Mooney, AICP Acting Planning Director Underline = new language Strikethrough =deleted language T:\AGENDA\2014\March\RM-2 Hotel Offices -ORD 2nd Read.docx 2 379 MAYOR APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION w 00 0 14NE I THURSDAY. FEBRUARY 20. 2014 1'-.E * CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that a lirst reading/public hearing will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in ltle Commission Chambers, 3'" Floor, City Hall, 1700 Convention Center Drive, Miami ~each, Florida 33139, on Wednesday, March 5, 2014 to consider; 11:30 a.m. File No. 2144. RM-2 HOTEL OFFICE USES. M Ordinance Amer'lding The Land Development Regulations Of The Code Of The City Of Miami Beach. By Amending Chapter 142, ·zoning Districts And Regulations" Article II"Distrtct Regulations," Division 3 ''Residential Multifamily Districts," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142-212, "Main Permitted Uses," To Expand Tile Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That Afe Associated With Nearby Hotels On Collins Avenue; Providing Far Repealer; Severability; Codification; And An Effective Date. Inquiries may be directed to the Planning Department at 305-673-7550. The RM-2 zoned properties that may be impacted by the proposed Ordinance are shown on the Map All interested parties are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o City Clerk, 1700 Convention Center Drive, C1ty Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available in the Planning Department. This meeting or this item may be continut~d, and under such circumstances. additional legal notice need not tJ€ provided. Pursuant to Florida Statutes §286.0105, the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to an~ matter considered at its meeting or its heanng, such person must ensure that a vertJatim record of the proceedings is made, which record must include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals nat otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate In any City-sponsored proceeding, please contact us live days In advance at 305-673-7 411 (~nice) or m users may also call the Florida Relay Service at 711 Rafael E. Granado, City Clerk Ad 865 '.i.IAN. BEACH MiamiHerald.com I MIAMI HERALD CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City of Miami Beach proposes to adopt the following ordinance, a f1rst reading/public hearing will be h~d by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chambers, 3'" Floor. City Hall. 1700 COnvention Center Drive, Miami Beach, Florida 33139, on Wednesday, March 5, 2014at 10:25 a.m. to consider: Alton Road Historic District Buffer Overlay. An Ordinance Amending The Code Of The City Of Miami Beach, Florida. By Amending Chapter 142, "Zoning Districts Md Regulations," Article Ill, "Ove~ay Districts." Creating Division 8 "Alton Road-Histocic District Buffer Overlay," By Including Section 142·858 'Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum SetbackS; Building Separation; Demolition Or Additions To Contributing Buildings In An Histoclc District; And Land Use Regulations for Location Of Retail Uses, Restauraots. Bars. Entertainment Establishments, Alcolmlic Beverage Establislmenls And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting AlcohOlic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Cod Hi cation; Repeater; Severability: And An Elfect1ve Date. luquiries may be directed to the Planning Depanment at 305-1173-7550. The properties that may be Impacted by the proposed Ordinance are shown on 111e Map. All Interested parties are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission. c/o City Clerk, 1700 Con~ention Center Drive, City Hall. Miami Beach. Florida 33139 Copies of the proposed amendments are a~allable in the Planning Department This meeting or this item may be continued, and under such circumstances, additional legal notice need not be provided. Ad 864 Pursuant to Florida Statutes §2B6.0105, the City hereby advises the public that ~l/l~~¥lQF=~~ if a person decides to ~ appeal any decision made ff~::;~rn'·' r-, IJ~ the City commission ~~ ~ G_ . -w11t1 respect to any matter . :-L~ considered at its meeting f11I. , GU~ or its hearing, SUCh person must ensure that a verbatim record of the proceedings Is made, which record must include the testimony and ~··-b::':IJ;;;l evidence upon which the -• ~ -appeal is to be based. This notice does not constitute consent by the City lor the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material il:! -t=] 4~~ In accessible format. sign l."'rrllr~~~'~ language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate In any City-sponsored proceeding, please contact us live days in advance at305-673-7411 (voice) or m users may also call the Florida Relay Service at711 Rafael E. Granado. City Clerk ,/ 'BEACH w 00 ~ X MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS Nc THURSDAY, FEBRUARY 20, 2014 I 15NE NOTICE IS HEREBY given that a public hearing will be held by the Mayor and Citv Commission of the City of Miami Beach, Florida, in the Commission Chambers. 3rd floor. City Hall, 1700 Convention Center Drive, Miami Beach, Florida. on Wednesday, March 5, 2014 to consider the following: 10:05 a.m. File No. 2147. 4000 Alton Road, Talmudic Univorslty -FLUM Amendment-An Ordinance Amending The Future Land Use Map Of Tile Comprehensive Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As EKhibit "N' Hereto, From The Current ROS, "Recreation And Open Space,"To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date. [lfllluiries may be directed to the Planning Department at 305-673-7550.) 10:10 a.m. Rle No. 2148.4000 Alton Road. Talmudic University· Zoning Map Change-An Ordinance Amending The Official Zoning District Map. Referenced In Section 142-72 OIThe Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Classification For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhrbrt "A" Hemlo, From The Current Zoning Classification GU, "Government Use District," To The Proposed Zoning Classification RM·2, "Residential Multi-Family Medrum Intensity," Providing For Codification, Repealer, Severability And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:25 a.m.Aiton Road Historic District Buffer Overlay" An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Dlstr1cts And Regulations," Article Ill. "Overlay Districts," Creating Division 8 "Alton Road-Historic Distrrcl Butler Overlay," By Including Section 142·858 "Location And Purpose," And Section 142,859 "Development Regulations," Including Among Other Provisions Regulatiors On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Hrstoric District; And Land Use Regulations For Location Of Retail Uses. Restaurants, Bars. Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses: Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance: Providing For Codification; Repealer; Severability; And An Effective Dale. (Inquiries may be directed to the Planning Department at 305·673-7550.) 10:41! a.m. Building Department Permit Fees -Al1 Ordinance Amending Chapter 14 Of The City Code, EntiHed "Building Regulations," By Amending Article II, Entitled "Construction Standards," By Amending Division 2, Entitled "Permit Fees," By Amending The Following Sections Therein, To Wit: Section 14-61, Entitled "Permit Fees, Generally"; Section 14-62, Entitled "Building Permits"; Section 14·63, Entitled "Plumbing Permits"; Section 14-64, Entitled "Electrical Permits"; Section 14-65, Entitled "Mechanical Permits"; Section 14-66, Entitled "Annual Facilitv Permit"; Section 14-67, Entitled "Forty-Year Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign"; Section 14-70, Entitled "General Information"; Section 14-71, Entitled "Temporary Structure": To Provide For Express Permits. Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efticient, Effective, And Transparent Way To Assess Fees For Building Permit Services. And By Amending Corresponding Portions Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees," Relating To Building, Plumbing, Electrical, And Mechanical Work. And Other Building Department Activities; Providing For Repealer. Severability, Codification, And An Effective Dale. (Inquiries may be directed to the Building Department at305-673-7610.) 10:50 a.m. Resort Tax Ordinance-An Ordinance Amending The Code DfThe City Of Miami Beach, Florida, By Amending Chapter 102 Entitled "Taxation,'" By Ameooing 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 AmendmentTo Appendix "A" Thereto), Regarding The Establishment Of A Fixed Late Reporting Penalty For Annual Returns Filed Late, Wllere No Tax Is Due; Providing For Codification; Repealer; Severabilitv; And An Effective Date. (Inquiries may be directed to the Finance Department at 305-673-7 466 .) 11:00 a.m. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Section 2-27, Entitled "Reserved." To Create A 517th Vote Requirement For The Creation 01 Agencies, Boards And Committees; Providing E~ceptions Thereto; And Providing filr Repealer, Severability, Codification, And An Effective Date. (Inquiries may be directed to the City Attorney's Office at 305-673-7470.) 11:10 a.m. Fire And Pollee Pension Ordinance -An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach Citv Code Entitled "Pension System filr Disability And Retrrement Oi Members Of Police And Fire Departments"; Implementing Provisions Of The 2012·2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8 [FOP); Implementing Recommendatrons Of The Budget Advisory Committee, A Memorandum Of Understanding And Other Changes; Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of Liability; Use And Investment Of Fund"; "Service Record"; And Amending Section 66 Entitled "Service And Disability Benefits Generally"; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing filr An Effective Date. (lnqurries may be directed to the Human Resources Department al305-673·7524.) 11:20 a.m. A Resolution To Adopt The Third Amendment To The Capital Budget For Fiscal Year (f\') 2013/14. (Inquiries may be directed to the Office of Budget & Performance Improvement at 305-673·751 0.) 11:30 p.m. RM·2 Hotel Office Uses-An Ordinance Amending The Land Development Regulations Of The Code Of The City Df Miami Beacl1, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Multifamily. Medium Intensity." Se~:tion 142·212, "Marn Permitted Uses," To Expand The Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue; Providing For Repealer; Severability; Codification; And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) INTERESTED PARTIES are invited to appear at this meeting. or be represented by an agent, or to e~press their views in writing addressed to the City Commission, c/o the City Cieri<., 1700 Convention Center Drive, 1 "'Floor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public Inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting or this item may be continued. and under such circumstances, additional legal notice need not be provided. Rafael E Granado. Cltv Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat, the Citv hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter consrdered at its meeting or its l1earing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by t11e City lor the introduction or admission of otherwise inadmissible or irrelevant evidence. nor does It authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format. sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any Cltv-sponsored proceeding, please contact us five days in advance at (305) 673-7 411 (voice) or nY users may also call the Florida Relay Service at 711. AD#862 THIS PAGE INTENTIONALLY LEFT BLANK 382 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the requirements for Accessory Office Uses within bay front apartment buildings in the RM-2 District. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount" Item Summary/Recommendation: FIRST READING PUBLIC HEARING The proposed Ordinance would modify existing requirements for the certain types of accessory office uses within apartment buildings located along Biscayne Bay and within the West Avenue Overlay District, and zoned RM-2 District. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. NOTE: 2"d Reading of the subject Ordinance must be after 5:00 pm, unless the City Commission, by a majority plus one vote, elects to conduct the hearing at another time of day. Advisory Board Recommendation: On January 28, 2014, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 5 to 1 (Henry Stolar Opposed). Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: j Thomas Mooney Si n-Offs: Department Director T:IAGENDA\2014\March\RM-2 Bayfront Offices-SUM 1st Read.docx MIAMI BEACH 383 AGENDA ITEM ~f?_5-:-H....- DATE _3--'-5'----_,_/l.(+-- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 FIRST READING PUBLIC HEARING SUBJECT: RM-2 Accessory Offices in Bayfront Apartment Buildings AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACHJ FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142J "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS'\ SUBDIVISION IV "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-213, "CONDITIONAL USES," TO EXPAND THE CONDITIONAL USES IN THE RM-2 DISTRICT TO INCLUDE CERTAIN TYPES OF NON-MEDICAL OFFICE USES FOR BAY FRONT APARTMENT BUILDINGS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. BACKGROUND In 2011 the Land Use and Development Committee began discussions on an Ordinance change that proposed to allow small office as accessory commercial uses in apartment buildings within the RM-2 zoning district Such uses would have included real estate offices, property management offices, and other similar types of non-medical office uses. On May 16, 2012, the Land Use Committee referred an Ordinance to the Planning Board for consideration, which proposed to allow certain types of non-medical office uses as a 'Conditional Use' in Apartment buildings located within RM-2 zoning districts. On July 24, 2012, the Planning Board considered the proposed Ordinance (PB File No. 2077) and recommended DENIAL. On April 3, 2013 a member of the Planning Board requested that the July 24, 2012 action of the Planning Board be re-considered; on April 30, 2013, this reconsideration request was withdrawn. On June 5, 2013, at the request of Commissioner Wolfson, the City Commission Referred a discussion item regarding a proposed amendment to Section 142-213 of the City Code, pertaining to Conditional Uses in the RM-2 District, to the Land Use and Development Committee. 384 Commission Memorandum Ordinance: RM-2 Accessory Offices in Bayfront Apartment Buildings March 5, 2014 Page 2 of 3 On October 23, 2013, the Land Use and Development Committee discussed the proposal, specifically as it would apply to bayfront apartments within the West Avenue Overlay District, and recommended that the subject Ordinance be referred to the Planning Board. On December 11, 2013, the City Commission referred the item to the Planning Board. ANALYSIS In the RM-2 Zoning District, Apartment uses have limited permitted accessory uses. Pursuant to Section 142-902 of the City Code, the following are permitted accessory uses for apartment uses in the RM-2 district: Mechanical support equipment and administrative offices and uses that maintain the operation of the building. Washers and dryers shall be located inside a structure or not visible from a right- of-way. A dining room which is operated solely for the residents in the building shall be located inside the building and shall not be visible from the street with no exterior signs, entrances or exits except for those required by the South Florida Building Code. However, a dining room shall not be allowed in the RM-1 district except for those dining rooms associated with adult congregate living facilities. • Solarium, sauna, exercise studio, health club or massage service for use by residents or open to the public by an individual licensed by the state or other appropriate agencies. Family day care centers as defined in subsection 142-905(b)(1) of the City Code. • One property management office for the purpose of managing residential units within the building as well as residential units located in other buildings under common beneficial ownership, as long as the total number of units does not exceed a maximum of 100 units. The referral from the City Commission recommended that non-medical, low intensity offices, such as architect offices, accountant offices, attorney offices and real estate offices, be permitted as a Conditional Use within the lobby level of bay front apartment buildings. In previous discussions on this subject, the consensus was that limited office uses on the ground floor of an apartment building in the RM-2 zoning district would likely have a minimal impact upon the surrounding residential neighborhood, provided that such uses be required to obtain Conditional Use approval by the Planning Board. Additionally, the discussion at the Land Use Committee centered on those apartment structures on the east of Biscayne Bay, within the West Avenue Overlay District. The non-medical office uses proposed, while slightly more intense than the main permitted apartment use, should be able to satisfy Planning requirements for compatibility with the surrounding neighborhood, if properly controlled. Adequate parking requirements would also be considered, as residential projects within the RM-2 district typically have just enough parking for the actual residential units. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on January 28, 2014, and recommended approval by a vote of 5 to 1 (Henry Stolar Opposed). 385 Commission Memorandum Ordinance: RM-2 Accessory Offices in Bayfront Apartment Buildings March 5, 2014 FISCAL IMPACT Page 3 of 3 In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact {at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission: 1) Accept the recommendation of the Land Use and Development Committee via separate motion; and 2) Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. JLMJJMJ/TRM T:\AGENDA\2014\March\RM-2 Bayfront Offices-MEM 1st Read.docx 386 RM-2 Accessory Office Uses for Bay Front Apartments ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-213, "CONDITIONAL USES," TO EXPAND THE CONDITIONAL USES IN THE RM-2 DISTRICT TO INCLUDE CERTAIN TYPES OF NON-MEDICAL OFFICE USES FOR BAY FRONT APARTMENT BUILDINGS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City Code contains provisions for accessory office uses in the RM-2 District; and WHEREAS, the City of Miami Beach seeks to provide a method for allowing certain types of non-medical offices as accessory uses within bay front apartment buildings ; and WHEREAS, the City of Miami Beach desires to amend existing conditional use requirements for bay front apartments located in the RM-2 district; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, Article II entitled "District Regulations", Division 3 entitled "Residential Multifamily Districts", Subdivision IV entitled "Residential Multifamily, Medium Intensity", Section 142-212, "Main Permitted Uses," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-213. -Conditional uses. Conditional uses in the RM-2 residential multifamily, medium intensity district are adult congregate living facility; day care facility; nursing home; religious institutions; private and public institutions; schools; commercial or noncommercial parking lots and garages; accessory neighborhood impact establishment, as set forth in article V, division 6 of this chapter; and non-medical. low intensity offices, such as architect offices, accountant offices, attorney offices and real estate offices, which are located on the lobby level of bay front apartment buildings located within the West Avenue Overlay District. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made 1 387 part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ 2014. ATTEST: CITY CLERK First Reading: March 5, 2014 Second Reading: April 23, 2014 Verified By: ---=-:------=,---,---,------,,--:-:-=--- Thomas R. Mooney, AICP Acting Planning Director Underline = new language Strikethrough = deleted language T:\AGENDA\2014\March\RM2 Bayfront Accessory Offices-ORO First Read.docx 2 388 MAYOR APPROVED AS TO FORM . ,AND LANGUAGE AND FOR EXECUTION 18 I WEDNESDAY. FEBRUARY 26. 2014 1-11 LOCAL & STATE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC PUBLIC NOTICE IS HEREBY GIVEN that the Miami Boaach City Commission will hold a meeting on WEDNESDAY, MARCH 5, 2014 al1h40 A.M. in th& City Commission Chambers. Third Floor, City Hall. 1700 Cofl\lentlon Ce-nter Drive. Miami Beactl. Flcrida. During this meeting the City Ccrnmlsslon w~l hold the following public hearing: RM-2 Accaaaory Otfica u .. a for Bay Front Apartments. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142. "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT FtEGULATIONS", DIVISION 3 'RESIDENTIAL MULTIFAMILY DISTRICTS" SUBDIVISION N "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-213. "CONDITIONAL USES." TO EXPAND THE CONDITIONAL USES IN THE RM-2 DISTRICT TO INCLUDE CERTAIN TYPES OF NON-MEDICAL OFFICE USES FOR BAY FRONT APARTMENT BUILDINGS; PROVIDING FOR REPEALER~ SEVERABILITY: CODIFICATK:lN; AND AN EFFECTIVE DATE. Inquiries may be directed to the Planning Department at 305-673-7550. INTERESTED PARTIES are Invited to appear at this meeting. or be represented by an agent, or to express meir views In writing addressed to the City Commission. cro the City Clerk:, 1700 Convention Cente-r Drive>. 1" Aoor. City Hall Miami Beach. Florida 33139. ACCfJY of this item l:savaJiab!eforpubllc Inspection during normal business hours In the City Clerk's Office. 1700 Convention Center Drive. 1 .. Aoor. City Hall Miami Beach, Florida 33139. This meeting or this item may be continued. and under !SUC:h circumstances. additional lega• notic& need not be pro.:Nided. Rafael E. Granado. City Clerk City ol Miami Beach Pursuant to Section 286.0105. Fla. Stat.. the City hereby advises th& publfc that it a p&rson decides to appeal anydecis.ion made by the City Cornmi!Ssion with respect to any matter considered at its meeting or Its hearing, such persrn must enwre that a verbatim record of me proceedings is made. wnlcn record includes. the testimony and evidence upon which the appeal fs to be based. This notice does not cor~stitute consent by the City tor the introduction or admission ot ol:t1erwise Inadmissible or Irrelevant evidence, nor aoes. it authorize challengez or appetlls not ottlerwlse til lowed by law. To request this material In accessible format. sign langu<lge interpreters. information on access for persons with disabilities arldtor any accommodation to review any document or participate in any City-sponsored proceeding, please contact us f1ve days in advance at (305) 673-7411 (voce) or TT'l· users may also call the Florida ~elay Ser\lic& at 711. AD 1867 ~---------389--------~ MiamiHerald.com I MIAMI HERALD THIS PAGE INTENTIONALLY LEFT BLANK 390 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the minimum unit size requirements for historic hotels within commercial zoning districts. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data {Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would modify minimum unit size requirements for existing hotels that are historic and located in commercial zoning districts. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. Advisory Board Recommendation: On January 28, 2014, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 6 to 0. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. . C1ty Clerk's Off1ce Legislative Trackmg: I Thomas Mooney Si n-Offs: Department Director Assistant City Manager T:IAGENDA\2014\March\Historic Hotel Unit Sizes Commercial-SUM 1st Read.docx MIAMI BEACH 391 AGENDA IT EM ---:::R----:S=--:-I_-.-:-- DATE '3-'5"-l'f MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM FROM: Mayor Philip Levine and Members a the City ~ Jimmy L. Morales, City Manager . TO: DATE: March 5, 2014 FIRST READING SUBJECT: Historic Hotel Unit Sizes AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", SECTION 142-306, "DEVELOPMENT REGULATIONS" TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE CD-2 DISTRICT; AND BY AMENDING SECTION 142-337, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS" TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE CD-3 DISTRICT; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. BACKGROUND On September 11, 2013, the City Commission adopted an Ordinance that modified the minimum unit size requirements for existing, historic hotels, located in multi-family residential zoning districts. Additionally, the City Commission referred a discussion item to the Land Use and Development Committee, pertaining to an Amendment to the Land Development Regulations that would modify the same regulations pertaining to minimum hotel unit size requirements, but within the City's commercial zoning districts. Specifically, historic hotels located in commercial districts, which are substantially renovated, could retain non-conforming unit sizes without the need for additional variances. On October 23, 2013, the Land Use and Development Committee recommended that the Proposed Ordinance be referred to the Planning Board. On December 11, 2013, the City Commission referred the Ordinance Amendment to the Planning Board for formal action. 392 Commission Memorandum Ordinance: Historic Hotel Unit Sizes in Commercial Districts March 5, 2014 ANALYSIS Page 2of 2 Several unit size variances have recently been granted for historic hotels, which have undergone extensive renovation. These hotels have been located in both commercial and multi-family residential districts. When an existing building is significantly renovated as a hotel, the Code requires that the minimum hotel unit size be met (315/330 sq. ft.). However, the existing room configuration in historic hotel buildings is often under this minimum required room size. Variances are consistently granted for these projects, as it is considered a true hardship, since the floor plates of historic hotel buildings often cannot be easily reconfigured. Additionally, the existing pattern of windows in historic buildings typically matches the room configuration, and the exterior of the historic building cannot be altered by removing or rearranging window ~lacement. In the MXE district (Ocean Drive and Collins Avenue between 5th and 15t l, a smaller minimum room size of 200 square feet is permitted. The historic hotels outside the MXE district are often similar in nature to those in the MXE. In order to address this, the Ordinance adopted by the Commission on September 11, 2013 allowed for the renovation of existing historic hotels without the need for room size variances, as long as a minimum unit size of 200 square feet is met. However, this relaxation of minimum hotel unit size requirements only applies to historic structures located in multi-family districts. After this ordinance had made its way through the approval process, it was determined that a number of hotels located in commercial districts were not able to take advantage of it. The attached Ordinance extends the same unit size requirements for historic hotels located in commercial districts. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on January 28, 2014, and recommended approval by a vote of 6 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the ''City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission: 1) Accept the recommendation of the Land Use and Development Committee via separate motion; and 2) Approve the Ordinance at First Reading and schedule a Second Reading Public H~for April23, 2014. J~RM T:\AGENDA\2014\March\Historic Hotel Unit Sizes Commercial-MEM 1st Read.docx 393 Minimum Unit Sizes for Historic Hotels In Commercial Districts ORDINANCE NO. __ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", SECTION 142-306, "DEVELOPMENT REGULATIONS" TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE CD-2 DISTRICT; AND BY AMENDING SECTION 142-337, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS" TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE CD-3 DISTRICT; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to recall and promote its unique social and architectural history, as well as further the dynamic character and attraction of hotels within historic districts; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize the retention, preservation and restoration of hotel structures located within historic districts; and WHEREAS, the City of Miami Beach desires to amend existing minimum unit size requirements for existing hotels within historic districts; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, Article II, entitled "District Regulations", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-306. Development regulations. The development regulations in the CD-2 commercial, medium intensity district are as follows: Minimum Average Apartment Apartment Unit Size Unit Size (Square Feet) (Square Feet) Commerciai-N/A Commerciai-N/A New construction-550 New construction-BOO 394 Rehabi I ita ted Rehabilitated buildings-550 buildings-400 Non-elderly and elderly low Non-elderly and elderly low and moderate income and moderate income housing: See section housing: See section 142-1183 142-1183 Hotel units-N/A Hotel unit: 15%: 300-335 85%: 335+ For contributing hotel structures, located within a local historic district or a national register district, which are being renovated in accordance with the Secretary of the Interior Standards and Guidelines for the Rehabilitation of Historic Structures as amended, retaining the existing room configuration shall be ~ermitted, Qrovided all rooms are a minimum of 200 sguare feet. Additionall:t, existing room configurations for the above described hotel structures may be modified to address aQQiicable life-safet:t and accessibilit:t regulations, Qrovided the 200 sguare feet minimum unit size is maintained. SECTION 2. That Chapter 142, Article II, entitled "District Regulations", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-337. Development regulations and area requirements. * * * (c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows: Minimum Average Unit Size Unit Size (Square Feet) (Square Feet) Com mercia I-N/ A Com merciai-N/ A New construction-550 New construction-BOO 395 Rehabilitated Rehabilitated buildings-550 buildings-400 Non-elderly and elderly low Non-elderly and elderly low and moderate income and moderate income housing: See section housing: See section 142-1183 142-1183 Hotel units-N/A Hotel unit: 15%: 300-335 85%: 335+ For contributing hotel structures, located within a local historic district or a national register district, which are being renovated in accordance with the Secreta[Y of the Interior Standards and Guidelines for the Rehabilitation of Historic Structures as amended, retaining the existing room configuration shall be Qermitted, Qrovided all rooms are a minimum of 200 sguare feet. Additionally, existing room configurations for the above described hotel structures may be modified to address agglicable life-safety and accessibility regulations, grovided the 200 sguare feet minimum unit size is maintained. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. 396 PASSED AND ADOPTED this __ day of _______ , 2014. ATTEST: CITY CLERK First Reading: March 5, 2014 Second Reading: April 23, 2014 Verified by: =---=--:-:-----,-.,...,-,----- Thomas R. Mooney, AICP Acting Planning Director Underscore denotes new language Strike Thru denotes new language 2/24/20142/21/2014 MAYOR ( T:\AGENDA\2014\March\Historic Hotel Unit Sizes Commercial ORD 1st Read.docx 397 THIS PAGE INTENTIONALLY LEFT BLANK 398 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the review requirements for boat docks and marine structures. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would modify the review and regulatory requirements for the projection of boat docks and marine structures in all zoning districts. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. Advisory Board Recommendation: On May 28, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 6 to 0. Financial Information· . Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: I Thomas Mooney Si n-Offs: Department Director T:\AGENDA\2014\March\Boat Docks Marine Structures· SUM 1st Read.docx MIAMI BEACH 399 AGENDA ITEM DATE Rs-:r 3-S"-JL{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 FIRST READING SUBJECT: Boat Docks & Marine Structures AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66, "MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV, "VESSELS," SECTION 66-113, "LIMITATION ON PROJECTION OF STRUCTURES; PUBLIC HEARING," AND CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," SECTION 142-1132, "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS," MODIFYING THE PROCEDURES FOR APPROVAL OF DOCKS THAT EXTEND BEYOND THE PERMITTED DISTANCE INTO A WATERBODY; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. BACKGROUND On December 18, 2012, the Planning Board voted to move forward, as the applicant, with an Ordinance Amendment proposing to remove boat dock/marine structures applications from the purview of the Planning Board. The proposed Ordinance was referred to the Planning Board by the Land Use and Development Committee on December 19, 2012. On April 3, 2013 the Planning Board discussed the Ordinance and continued the matter to May 28, 2013, in order for the Ordinance to be revised to include boiler plate conditions imposed in previous applications. On May 281h, 2013, the Planning Board transmitted the attached Ordinance to the City Commission with a favorable recommendation. On July 171h, 2013, the City Commission referred the subject Ordinance to the Land Use and Development Committee for further discussion and consideration. The matter was placed on the July 22, 2013, September 23, 2013, October 23, 2013, with the item being continued each time. On January 22, 2014, the Land Use Committee discussed the item and referred it back 400 Commission Memorandum Ordinance: Boat Docks & Marine Structures March 5, 2014 to the City Commission with a favorable recommendation. ANALYSIS Page 2of 3 Originally, the subject Ordinance proposed to transfer the regulatory authority of boat and dock projections from the Planning Board to the Marine Authority. After a discussion with the Marine Authority, however, it was concluded that a more appropriate avenue would be to remove the requirement for Board review of most projections altogether. The reason for this is that the authority of the County (DERM), as well as the State (DEP) entails a very high degree of regulatory review and analysis. On April 3, 2013, the majority of the Planning Board directed staff to revise the Ordinance, removing the transfer of authority to the Marine Authority, and to include boilerplate conditions from previous approvals within the Ordinance. The revised Ordinance contains these revisions. Currently, the City Code limits such projections to more than ten (1 0%) percent of the width of a canal or waterway, up to a maximum of 40', and fifteen (15%) percent for those canals or waterways exceeding 100 feet in width, up to a maximum of 40'. Pursuant to Section 66-113 and Section 142-1132 (I) of the Code, the Planning Board reviews applications for docks, mooring piles, piers and related marine structures, which exceed the following thresholds: • Any projection greater than 40' into a waterway or canal; • An extension from a lot zoned for residential use into any part of Biscayne Bay or other waterway in excess of 1,000 feet in width, a distance no greater than 125 feet; • An extension from a lot zoned for business use into Biscayne Bay or other waterways a distance not greater than 250 feet. Staff believes that with the codification of certain design standards, the above noted additional projections could be approved administratively, subject to the review of all applicable County and State regulatory authorities. Staff would also suggest that the mooring of any type of vessel or watercraft be prohibited along either side of a walkway leading from the seawall to a boat dock. Additionally, given the very successful impact that Conditional Use review has had on the portion of the Boat Show along Indian Creek, staff would further suggest that the Planning Board retain jurisdiction for marine structure projections adjacent to the WD-1 and WD-2 Waterway Districts. The City's Special Events Department is also in favor of continued Planning Board oversight of events such as this. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on May 28, 2013 (PB File No. 2101 ), and recommended approval by a vote of 6 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative 401 Commission Memorandum Ordinance: Boat Docks & Marine Structures March 5, 2014 Page 3of 3 actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years} of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission: 1) Accept the recommendation of the Land Use and Development Committee via separate motion; and 2) Approve the Ordinance at First Reading and schedule a Second Reading Public H~_.tor April23, 2014. J~M T:\AGENDA\2014\March\Boat Docks Marine Structures-MEM 1st Read.docx 402 Boat Docks & Marine Structures ORDINANCE NO. __ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66, "MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV, "VESSELS," SECTION 66-113, "LIMITATION ON PROJECTION OF STRUCTURES; PUBLIC HEARING," AND CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," SECTION 142-1132, "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS," MODIFYING THE PROCEDURES FOR APPROVAL OF DOCKS THAT EXTEND BEYOND THE PERMITTED DISTANCE INTO A WATERBODY; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Code provides for the regulation of docks, including limitations on the location and size of docks within the City, as permitted by State law; and WHEREAS, the Planning Board, at its meeting dated December 18, 2012, by a vote of 7-0, has requested that the jurisdiction over approval of the distance that such docks may extend beyond that permitted in the City Code, which is provided for in section 661-113 generally at 40 feet, subject to other applicable provisions, be transferred from that Board to another Board; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 66, "Marine Structures, Facilities and Vehicles," Article IV, "Vessels," Section 66-113. -Limitation on projection of structures; public hearing" is hereby amended as follows: Sec. 66-113.-Limitation on projection of structures; public hearing. (a) Boat slips, docks, wharves, dolphin poles, mooring piles or structures of any kind shall not be constructed or erected that extend into any canal or waterway in the city more than ten percent of the width of such canal or waterway at a specific location measured from the seawall or property as shown by recorded plat line if no seawall exists; but if a canal or waterway is more than 100 feet in width, the structure may extend into such canal or waterway a distance not greater than 15 percent of the width of such canal or waterway at that specific location, but not to exceed a distance greater than 40 feet_.;--AHowever, as provided in section 66 114 subsequent to conditional use process as provided in section 142 1132{1), subject to the review and approval of the applicable state and county authorities, a dock, wharf, dolphin pole, mooring pile or other structure may extend from a lot zoned for residential use into any part of Biscayne Bay or other waterway in excess of 1 ,000 feet in width, a distance no greater than 125 feet and may extend from a lot zoned for business use into Biscayne Bay or other waterways a distance not greater than 250 feet. It is further provided that any boat, ship or vessel of any kind shall not be docked or moored so that its projection into the waterway would be 1 of 3 403 beyond the permissible projections for such docks, wharves, dolphin poles, mooring piles or other structures, and the mooring of any type of vessel or watercraft shall be prohibited along either side of the walkway leading from the seawall to a boat dock. subsequent to conditional 1:1se prooess as pre•Jided in section 142 1132(1). Notwithstanding the foregoing. in the event any dock. wharf. dolphin pole, mooring pile or other structure is proposed to extend greater than 40 feet from a seawall adjacent to. or abutting the WD-1 or WD-2 district conditional use approval from the planning board, in accordance with chapter 118. article IV of the City Code. shall also be required. (b) Permits for erection of any of the above facilities must be obtained from the building division, the state internal improvement fund, if necessary, and if abutting navigable streams, the approval of the U.S. Corps of Engineers must be secured. SECTION 2. that Chapter 142, "Zoning Districts And Regulations," Section 142-1132, "Allowable Encroachments Within Required Yards," is hereby amended as follows: Sec. 142-1132.-Allowable encroachments within required yards. * * * (Q Marine structures. In all districts, seaward side yard setbacks for boat slips, decks, wharves, dolphin poles, mooring piles, davits, or structures of any kind shall not be less than seven and one-half feet. This requirement pertains to the enlargement of existing structures as well as to the construction of new structures. It is further provided that any boat, ship, or vessel of any kind shall not be docked or moored so that its projection extends into the required seaward side yard setback. and the mooring of any type of vessel or watercraft shall be prohibited along either side of the walkway leading from the seawall to a boat dock. Land side decks may extend to the deck associated with the marine structure. Lighting associated with, but not limited to, the deck, or marine structure shall be installed in such a manner to minimize glare and reflection on adjacent properties and not to impede navigation. The maximum projection of a marine structure shall be determined by the county department of environmental resource management. If a dock or any kind of marine structure/equipment whether it is or is not attached to a dock projects more than 40 feet into the waterway or it extends beyond the maximum projection permitted under section 66-113, it shall be a senditienal 1:1se and reviewed by the planning laeara p1:1rs1:1ant to shapter 118, artisle IV. the review and approval of the applicable state and county authorities shall be required. In the event any dock, boat slips, decks. wharves. dolphin poles. mooring piles. davits. or structures of any kind are proposed to extend greater than 40 feet from a seawall adjacent to, or abutting the WD-1 or WD-2 district. conditional use approval from the planning board. in accordance with chapter 118, article IV of the City Code. shall also be required. SECTION 3. 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 4. 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 2 of3 404 accomplish such intention, and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. Severability. If any section, subsection, clause or provJs1on of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _________ , 2014. ATTEST: CITY CLERK First Reading: March 5, 2014 Second Reading: April23, 2014 Verified by: ==-------------~=---- Thomas R. Mooney, AICP Acting Planning Director Underscore denotes new language. Strikethrough denotes deleted language. T:\AGENDA\2014\March\Boat Docks & Marine Structures-ORD 1st Read docx 3 of 3 405 MAYOR APPROVED AS TO FORM AND LANGUAGE ~ & FOR EXECUTION ·J )?.'i Lu If-tate THIS PAGE INTENTIONALLY LEFT BLANK 406 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to prohibit the advertisement of illegal short term rentals. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summary/Recommendation: FIRST READING The proposed Ordinance would modify existing requirements regarding the advertisement of short term rentals in commercial and residential zoning districts. The Administration recommends the that the City Commission approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. Advisory Board Recommendation: On January 28, 2014, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 6-0. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Off1ce Leg1slat1ve Trackmg: I Thomas Mooney T\AGENDA\2014\March\Prohibition of STR Ads in Residential Districts-SUM First Read.docx MIAMI BEACH 407 AGENDA IT EM ___..:R--=--::-S'_K,-,-,-- DATE 3-5'-It{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members theCity~on FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 FIRST READING SUBJECT: Prohibition on the Advertisement f Short Term Rentals and Commercial Use in Residential Zoning Districts AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS," BY AMENDING DIVISION 2, ENTITLED "RS-1, RS-2, RS- 3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING SECTION 142-109, ENTITLED "COMMERCIAL USE OF SINGLE-FAMILY HOMES PROHIBITED," BY AMENDING THE DEFINITIONS THEREIN, AND BY ADDING NEW SUBSECTION (c)(1)d, WHICH PROHIBITS ADVERTISING OF UNLAWFUL OCCUPANCY AND USE; BY AMENDING SUBSECTION (c)(2), WHICH REMOVES THE LIMITATIONS ON ENFORCEMENT; BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 2, ENTITLED "ACCESSORY USES"; BY AMENDING SECTION 142-905, ENTITLED "PERMITTED ACCESSORY USES IN SINGLE-FAMILY DISTRICTS," BY ADDING NEW SUBSECTION (b}(5)a WHICH PROHIBITS THE ADVERTISEMENT FOR THE LEASE OF SINGLE FAMILY HOMES FOR LESS THAN SIX MONTHS AND ONE DAY, BY ADDING NEW SUBSECTION (b)(5)b, WHICH PROVIDES THE ENFORCEMENT FOR A VIOLATION OF SECTION (b)(5); BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142- 1111, ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES," BY AMENDING SECTION (A) TO PROHIBIT THE ADVERTISEMENT OF SHORT TERM RENTAL OF APARTMENTS UNITS OR TOWNHOMES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. HISTORY The original request regarding the proposed amendment of City Code, pertaining to the prohibition of the advertisement of unlawful occupancy and use of illegal short-term 408 Commission Memorandum Prohibition of Short Term Rental Advertising March 5, 2014 Page 2 of 3 rentals, was sponsored by Commissioner Ed Tobin, and was made on May 20, 2013 at the Neighborhood and Community Affairs Committee (NCAC). The item was discussed, and the Committee directed staff to prepare a recommendation to the full Commission for consideration and subsequent referral to the Planning Board as an amendment to the Land Development Regulations. On December 11, 2013, the City Commission referred the proposed Ordinance Amendment to the Planning Board for formal action. BACKGROUND Illegal short-term rentals and unauthorized transient use in residentially zoned areas has been an ongoing challenge for the City, its residents, and the Code Compliance Division (Code). The concern has been that the increasing number of illegal and unauthorized short-termed rentals is oftentimes accompanied by other code violations, i.e. commercial use, noise, sanitation violations, and property maintenance issues; all of which adversely impact the quality of life and character of our City's neighborhoods. In November 2012, Code established a Short-Term Rental Team (STRT) composed of Code Compliance Officers {CCOs} from each of the major Districts (South, Middle, North zone boundaries, and the Afternoon and Evening Shifts). The focus of the STR team is to address the increasing number of unauthorized and illegal short-term rentals within residentially zoned areas. Since November 2012 to October 2013 (12 month period), Code's STR team has received 265 complaints, has opened and investigated more than 300 cases, has issued 189 Notices of Violations, of which 153 (81%) have been upheld and adjudicated guilty at Special Master Hearings. This information is of the utmost importance, as STR investigations require a "clear and convincing" level of evidence in order to obtain an adjudication of guilty. It is also important to denote that of the 153 adjudicated cases, 28 (18.3%} have been adjudicated as repeat violators. One of the challenges faced by Code staff has been the level of proof required by the Special Master; where the advertisement of the illegal short-term rental may only be used as part of the body of evidence to adjudicate illegal short-term rentals. The administration believes that making the advertisement illegal provides another tool to address this violation. ANALYSIS On May 20, 2013, The Neighborhoods and Community Affairs Committee (NCAC) discussed how the proposed amendment would allow the City to more effectively address illegal short-term rentals by making it illegal to advertise on the internet or print media for the rental of a property in a residentially zoned area where it is prohibited by the City's Zoning Code. This would provide another tool by which Code can further identify and present evidence so as to reduce the number of transient use violations. The issues and impact regarding illegal short-term rentals have been discussed multiple times, not only at NCAC, but also at the Land Use and Development Committee (LUDC). Part of the concern is that along with the increasing number of unauthorized and illegal short-term rentals, there are many other code violations which adversely impact the quality of life and character of our neighborhoods. The development of a Short Term Rental (STR) Team by Code was one of many steps taken by the Administration. Code staff also met with a number of community leaders and activists from various neighborhoods (including the Flamingo Historic District Association), to develop other methods to educate the public. 409 Commission Memorandum Prohibition of Short Term Rental Advertising March 5, 2014 Page 3 of 3 These efforts have included aggressive outreach and educational campaigns regarding the regulations and processes governing short-term rentals for multi-family units. Multiple articles regarding short-term rental restrictions have been and will continue to be highlighted in the City's MB Magazine, and information in the City's website to inform and educate businesses, residents and potential visitors regarding short-term rental restrictions. In addition, programs and public service announcements (PSAs) have been developed and aired through the City's Channel 77. Notwithstanding these efforts, there is a continued illegal use of single family residential properties for transient and short-term rentals. To address this ongoing problem, staff has proposed modifications to the ordinance that clearly prohibit advertising for short- term rentals, and sets forth a significant fine schedule. The following is a summary of the proposed changes: • A definition of 'Advertising', as well as the clear prohibition of advertising, have been added to Section 142-109 of the Code, which is the section of the single family regulations dealing with the prohibition of commercial properties. • Section 142-905 of the City Code, which pertains to accessory uses in single family districts, is proposed to be modified to include a specific prohibition on advertising short term rentals in single family districts. • A binding schedule of fines, similar to the fine schedule for multi-family and townhome violations, and increases with each subsequent violation, has been added to Section 142-905 for single family homes. Additionally, this fine schedule may not be waived or reduced by the Special Master. • Section 142-1111 of the Code, pertaining to short term rentals, has been modified with more specific definitions of 'Advertising' and what would constitute a violation. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on January 28, 2014, and recommended approval by a vote of 6 to 0. The Planning Board recommended minor changes to the original draft of the Ordinance, which have been included in the version pending before the Commission at First Reading. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission approve the Ordinance at FirstJT,ading and schedule a Second Reading Public Hearing for April 23, 2014. JL~~RM T:\AGENDA\2014\March\Prohibition of STR Ads in Residential Districts -MEM First Read.docx 410 Prohibition on the Advertisement of Short Term Rentals and Commercial Use in Residential Zoning Districts ORDINANCE NO. __ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS," BY AMENDING DIVISION 2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING SECTION 142-109, ENTITLED "COMMERCIAL USE OF SINGLE-FAMILY HOMES PROHIBITED," BY AMENDING THE DEFINITIONS THEREIN, AND BY ADDING NEW SUBSECTION (c)(1)d, WHICH PROHIBITS ADVERTISING OF UNLAWFUL OCCUPANCY AND USE; BY AMENDING SUBSECTION (c)(2), WHICH REMOVES THE LIMITATIONS ON ENFORCEMENT; BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS/' BY AMENDING DIVISION 2, ENTITLED "ACCESSORY USES"; BY AMENDING SECTION 142-905, ENTITLED "PERMITTED ACCESSORY USES IN SINGLE-FAMILY DISTRICTS," BY ADDING NEW SUBSECTION (b)(S)a WHICH PROHIBITS THE ADVERTISEMENT FOR THE LEASE OF SINGLE FAMILY HOMES FOR LESS THAN SIX MONTHS AND ONE DAY, BY ADDING NEW SUBSECTION (b)(S)b, WHICH PROVIDES THE ENFORCEMENT FOR A VIOLATION OF SECTION (b)(5); BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-1111, ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES," BY AMENDING SECTION (A) TO PROHIBIT THE ADVERTISEMENT OF SHORT TERM RENTAL OF APARTMENTS UNITS OR TOWNHOMES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations ("LDRs") restrict single-family and multi- family residential properties to residential and compatible uses; and WHEREAS, the City's "LDRs" restrict certain residential properties to residential and compatible accessory uses, and commercial uses on such properties are prohibited, except that the LDRs allow film and print permits, garage sales and home based businesses at such properties; and WHEREAS, the rental of single-family residential properties in districts zoned RS-1, RS- 2, RS-3 and RS-4 ("Single Family Residential Homes") for periods of less than six months and one day ("Seasonal Rentals") is prohibited; and 411 WHEREAS, the Code Compliance Division has reported numerous instances of residential properties being advertised as party houses, and where the house is used for a commercial enterprise for parties instead of as a single family residential use; and WHEREAS, single and multi-family residences used on a transient basis, or other form of commercial gathering, creates excessive numbers of guests, vehicles and noise, causing inappropriate adverse impacts on the surrounding residences and residential neighborhood; and WHEREAS, the City has a substantial interest in maintaining the aesthetics, character and tranquility of its residential neighborhoods, as well as in regulating traffic flow; this ordinance directly advances these interests; and this ordinance is narrowly tailored to serve those interests; and WHEREAS, the advertisement of commercial events and transient occupancy of single and multi-family residences are more appropriately held in the zoning districts that are designed for such numbers of persons, with the impacts resulting therefrom more appropriately mitigated; and WHEREAS, while residents are entitled to enjoy the use of their single and multi-family residences consistent with the applicable regulations in the residential zoning districts, in order to ensure and protect the enjoyment, character and value of the residential neighborhoods and residences, the provisions herein are hereby adopted; and WHEREAS, the City Commission finds that such regulations are consistent with and further the public health, safety and welfare of the City; and WHEREAS, these amendments regarding provisions herein regarding commercial use of single-family homes prohibited, permitted accessory uses in single-family districts and short term rental of apartment units or townhomes, are hereby adopted to accomplish the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 2, entitled "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," of Article II, entitled "District Regulations," of Chapter 142, entitled "Zoning Districts and Regulations," of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * * Article II. District Regulations * * * Division 2. RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts * * * 2 412 Sec. 142-109. Commercial use of single-family homes prohibited. (a) Intent and purpose: The land development regulations restrict residential properties to residential and compatible accessory uses. Commercial uses on residential properties are prohibited, with limited exceptions. While residents are entitled to enjoy the use of their property consistent with the applicable regulations, in order to ensure and protect the enjoyment, character and value of residential neighborhoods and buildings, the provisions herein are established. (b) Definitions: ill "Use of residential property" or "use of the property" in this section shall mean occupancy of residential property for the purpose of holding commercial parties, events, assemblies or gatherings on the premises. (2) "Advertising" or "advertisement" shall mean any form of communication for marketing or used to encourage, persuade, or manipulate viewers. readers or listeners for the purpose of promoting occupancy of a residential property for the purpose of holding commercial parties. events, assemblies, gatherings. or the occupancy of a residence for less than 6 months and 1 day, as provided herein, upon the premises. as may be viewed through various traditional media, including but not limited to, newspaper. magazines. flyers, handbills. television commercial, radio advertisement. outdoor advertising, direct mail, blogs, websites or text messages. (c) Regulations: Determination of commercial use. (1) Accessory use of residential property shall be deemed commercial and not permitted, except as otherwise provided for in the Code, if: a. Compensation to owner. The owner, lessee or resident receives payment or other consideration, e.q., goods, property or services, in excess of $100 per party or event for the commercial use of the property, including payment by any means, direct or indirect, including security deposits; or b. Goods, property or services offered or sold. Goods, property or services are offered for sale or sold on or at the property, during use of the property; however, this subsection shall not apply, if: 1 . All of the goods, property or services offered are donated to or for charitable, religious or political organizations or candidates for public office, that have received 501 (c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws; or 2. All of the proceeds from sales are directly payable and paid to charitable, religious or political organizations or candidates for public office, that have received 501 (c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws. An organization or candidate may reimburse donors for goods or property donated; or 3. The sale is of the property itself or personal property of the owner or resident (excluding property owned by a business), and if publicly advertised, comply with subsection (3) below. 4. Notwithstanding the restrictions in subsections (1 )b.1.-3., limited commercial use of the property by the owner or 3 413 resident for the sale of goods, property or services shall be allowed under the following criteria. The event: i. Is by private invitation only, not publicly advertised; ii. Creates no adverse impacts to the neighborhood; iii. The activity and its impacts are contained on the property; iv. Parking is limited to that available on-site, plus 11 vehicles legally self-parked near the property, with no busing or valet service; and v. Frequency is no greater than one event per month; or c. Admittance fees. Use of the property by attendees requires an admittance or membership fee or a donation, excluding donations directly payable and paid by attendees to charitable, religious or political organizations or candidates for public office, that have received 501 (c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws; or d. Any advertising that promotes the occupancy or use of the residential property for the purpose of holding commercial parties, events. assemblies. gatherings, or the occupancy of a residence for less than 6 months and 1 day. as provided herein. or use of the residential premises in violation of this ordinance. (2) Signs or advertising. Signs or other forms of advertising in connection with goods, property or services offered in connection with commercial use of the property, including the actual goods, property (except real property and structures thereon) or services, shall not be visible from the public right-of-way. This section shall not be construed to prohibit the display of real estate for sale or lease signs for the property. Advertising that promotes activities that violate this section shall be deemed a violation of the section, 'Nith such violations determined per event and not per ad-.•ertisement. (3) Real estate open houses. The following events are permitted: Open houses (open to the public) organized for the purpose of promoting the sale or lease of the residence where the open house is located, to potential buyers or renters, or events organized by the listing agent limited to licensed real estate brokers and/or agents, subject to the following: a. No sale or display of goods, property or services by sponsoring businesses unrelated to the property; and b. No charging admittance fees. c. Events described in this subsection must end by 8:00p.m. (d) Enforcement: (1) Violations of this section shall be subject to the following fines. The special master may shall not waive or reduce fines set by this section. a. If the violation is the first violation ..... $ 2,500.00 b. If the violation is the second violation within the preceding 18 months ..... 7,500.00 c. If the violation is the third violation within the preceding 18 months ..... 12,500.00 d. If the violation is the fourth or greater violation within the preceding 18 months ..... 20,000.00 4 414 Fines for repeat violations shall increase regardless of location. (2} In addition to or in lieu of the foregoing, the city may close down the commercial use of the property and/or seek an injunction against activities or uses prohibited under this section. (3) Any city police officer or code compliance officer may issue notices for violations of this section, with alternative enforcement as provided in section 1-14 and chapter 30 of this Code. Violations shall be issued to the homeowner, and/or to any realtor, real estate agent, real estate broker, event planner, promoter, caterer, or any other individual or entity that facilitates or organizes the prohibited activities. In the event the record owner of the property is not present when the violation occurred, a copy of the violation shall be provided to such owner. (4) Charitable, religious or political organizations or candidates for public office shall receive one courtesy notice in lieu of the first notice of violation only, after which fines will accrue starting with the first violation as prescribed. No courtesy notice in lieu of first notice of violation shall be available if a courtesy notice in lieu of first notice of violation has already been granted in the preceding 18-month period, regardless of location. (5) The city recognizes peoples' rights of assembly, free expression, religious freedom, and other rights provided by the state and federal constitutions. It is the intent of the city commission that no decision under this section shall constitute an illegal violation of such rights, and this section shall not be construed as such a violation. (6) The city manager or designee may adopt administrative rules and procedures to assist in the uniform enforcement of this section. (e) No variances shall be granted from this section. This section does not authorize commercial activities in residential neighborhoods that are otherwise prohibited or regulated by applicable law, unless expressly provided for herein. SECTION 2. That Division 2, entitled "Accessory Uses," of Article IV, entitled "Supplementary District Regulations," of Chapter 142, entitled "Zoning Districts and Regulations," of the Code of the City of Miami Beach, Florida is hereby amended as follows: Chapter 142 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS * * * DIVISION 2. ACCESSORY USES * * * Sec. 142-905. Permitted accessory uses in single-family districts. (a) Generally. Permitted accessory uses in single-family districts are those uses which are customarily associated with single-family houses such as but not limited to decks, swimming pools, spas, ornamental features, tennis courts. 5 415 However, in no instance shall landing or storage areas for a helicopter, or other aircraft, be permitted as an accessory use. The planning and zoning director may allow other accessory uses if the director finds after consultation with the chairman of the planning board that they will not adversely affect neighboring properties, based upon the criteria listed in section 142-901. Appeal of the director's decision is to the board of adjustment pursuant to chapter 118, article VIII. (b) Permitted accessory uses. The following are permitted accessory uses in single- family districts: (1) Day care facilities for the care of children are permitted if the following mandatory criteria are met: a. A family day care facility shall be allowed to provide care for one of the following groups of children: 1. A family day care home may care for a maximum of five preschool children from more than one unrelated family and a maximum of five elementary school siblings of the preschool children in care after school hours. The maximum number of five preschool children includes preschool children in the home and preschool children received for day care who are not related to the resident caregiver. The total number of children in the home may not exceed ten under this subsection. 2. When the home is licensed and provisions are made for substitute care, a family day care home may care for a maximum of five preschool children from more than one unrelated family, a maximum of three elementary school siblings of the preschool children in care after school hours, and a maximum of two elementary school children unrelated to the preschool children in care after school hours. The maximum number of five preschool children includes preschool children in the home and preschool children received for day care who are not related to the resident caregiver. The total number of children in the home may not exceed ten under this subsection. 3. When the home is licensed and provisions are made for substitute care, a family day care home may care for a maximum number of seven elementary school children from more than one unrelated family in care after school hours. Preschool children shall not be in care in the home. The total number of elementary school children in the home may not exceed seven under this subsection. b. Signs on the property advertising the day care facility are prohibited. c. The family day care facility complies with all applicable requirements and regulations of the state department of children and family services and the city's police, fire and building services departments. All of the South Florida Building Code, city property maintenance standards and fire prevention and safety code violations shall be corrected prior to the issuance of a city occupational license. d. Play area shall only be located in the rear yard and equipment shall be limited to three pieces of equipment. 6 416 e. Day care is prohibited on Sundays. f. The building shall maintain the external appearance of a single- family home. g. Site plan shall be approved by the planning and zoning director. The plan shall include landscaping and a permitted wall or fencing enclosing the rear yard. h. Family day care facilities shall not be located within 400 feet of another such facility; except that this restriction shall not apply to state-licensed family day care homes as defined in F.S. § 402.302{5). (2) The planning and zoning director may approve a second set of cooking facilities if the residence contains at least 3,600 square feet of floor area and the arrangement of such facilities or conditions at the property shall not result in the creation of an apartment unit. No more than one electric meter shall be placed on the property and that portion of the residence having the second set of cooking facilities shall not be rented. Appeal of the director's decision shall be to the board of adjustment. (3) Guest/servants quarters. (4) Home based business office, as provided in section 142-1411. (5) Leases of single-family homes to a family (as defined in section 114-1) for not less than six months and one day, including extensions for lesser periods of leases permitted under this subsection to original leaseholders. a. The advertisement, as defined in Section 142-1 09(b), of single- family homes for a period of less than six months and one day shall not be permitted for single-family districts. and shall be a violation of this Section 142-905(b)(5). b. Enforcement. (1) Violations of subsection 142-905(5)a shall be subject to the following fines. The special master shall not waive or reduce fines set by this section. a. If the violation is the first violation: $1.500.00. b. If the violation is the second violation within the preceding 12 months: $3,000.00. c. If the violation is the third violation within the preceding 12 months: $5,000.00. d. If the violation is the fourth violation within the preceding 12 months: $7.500.00. e. If the violation is the fifth or greater violation within the preceding 12 months: $7.500.00. Fines for repeat violations by the same offender shall increase regardless of locations. (2) In addition to or in lieu of the foregoing. the city may seek an injunction by a court of competent jurisdiction to enforce compliance with or to prohibit the violation of this section. (3) Any code compliance officer may issue notices for violations of this section 142-905(5). Violations shall be issued to the owner. manager. real estate broker or agent or authorized agent. or any other individual or entity that participates in or facilitates the violation of this section 142- 905(5). In the event the record owner of the property is not present when the violation occurred or notice of violation issued, a copy of the violation shall be served by certified 7 417 mail on the owner at its mailing address in the property appraiser's records. SECTION 3. That Division 3, entitled "Supplementary Use Regulations," of Article IV, entitled "Supplementary District Regulations," of Chapter 142, entitled "Zoning Districts and Regulations," of the Code of the City of Miami Beach, Florida is hereby amended as follows: Chapter 142 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS * * * DIVISION 3. SUPPLEMENTARY USE REGULATIONS * * * Sec. 142-1111. Short-term rental of apartment units or townhomes. (a) {Limitations and Prohibitions.} ill The rental of apartment or townhome residential properties in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2, CD-1, RO, R0-3 or TH for periods of less than six months and one day, unless expressly provided for in these land development regulations (such as for a portion of the RM-1 district, and for apartment hotels in the RPS-1 and RPS-2 districts) are not a permitted use in such districts unless conducted in accordance with this section. ill Any advertising or advertisement that promotes the occupancy or use of the residential property for the purpose of holding commercial parties, events, assemblies, gatherings, or the occupancy of a residence for less than 6 months and 1 day, as provided herein, or use of the residential premises in violation of this ordinance. ~ "Advertising" or "advertisement" shall mean any form of communication for marketing or used to encourage. persuade. or manipulate viewers, readers or listeners for the purpose of promoting occupancy of a residential property for the purpose of holding commercial parties, events. assemblies. gatherings. or the occupancy of a residence for less than 6 months and 1 day, as provided herein, upon the premises. as may be viewed through various media, including but not limited to. newspaper. magazines. flyers. handbills television commercial, radio advertisement. outdoor advertising. direct mail, blogs, websites or text messages. (b) Previously existing short-term rentals in specified districts. For a period of six months after the effective date of the ordinance enacting this section (June 19, 201 0), owners of certain properties located in the following districts shall be eligible to apply for approval of a certificate of use permitting short-term rental of 8 418 apartment and townhome residential units for these properties under the requirements and provisions set forth below. Other neighborhoods may be added to this provision in the future by action of the city commission. Districts: Properties within the RM-1 and TH zoning districts in the Flamingo Park and Espanola Way Historic Districts. Eligibility: Those properties that can demonstrate a current and consistent history of short-term renting, and that such short-term rentals are the primary source of income derived from that unit or building, as defined by the requirements listed below. (1) For apartment buildings of four or more units, or for four or more apartment units in one or more buildings under the same resort tax account. In order to demonstrate current, consistent and predominant short-term renting, the property must comply with all of the following: a. Have been registered with the city for the payment of resort tax and made resort tax payments as of March 10, 2010; and b. Have had City of Miami Beach Resort Tax taxable room revenue equal to at least 50 percent of total room revenue over the last two-year period covered by such payments; and c. Have been registered, with the State of Florida as a transient apartment or resort condominium pursuant to Chapter 509, Florida Statutes, as of March 10, 2010. For properties containing more than one apartment building, eligibility may apply to an individual building satisfying a. through c. above. (2) For apartment and townhouse buildings of three or less units, or for three or less apartment units in one or more buildings under the same state license: In order to demonstrate current, consistent and predominant short-term renting, the property must: a. Have been registered with the State of Florida as a resort dwelling or resort condominium pursuant to Chapter 509, Florida Statutes, as of March 10, 2010. (c) Time periods to apply for short-term rental approvals. (1) Owners demonstrating compliance with subsections (b)(1) or (2) above, shall apply for a certificate of use permitting short-term rental as detailed in subsection 142-1111(d) within a time period of six months from the effective date of this section {June 19, 201 0), or be deemed ineligible to proceed through the process specified herein for legalization of short-term rentals. (2) Within three months of the effective date of the ordinance enacting this section (June 19, 201 0), eligible owners shall apply to obtain all necessary approvals to comply with the Florida Building Code, Florida Fire Prevention Code and with all other applicable life safety standards. (3) Compliance with the applicable requirements of the Florida Building Code and Florida Fire Prevention Code, shall be demonstrated by October 1, 2011, or rights to engage in short-term rental under this section shall be subject to restrictions and/or limitations as directed by the building official and/or fire marshal. This subsection shall not prevent these officials from undertaking enforcement action prior to such date. (4} Applications under this ordinance may be accepted until 60 days after adoption of this subsection (adopted on April 11, 2012; 60 days expire 9 419 June 11, 2012), upon determination to the planning director that a government licensing error prevented timely filing of the application. (d) Regulations. For those properties eligible as per (b) above, unless otherwise expressly provided for in these land development regulations, short-term rental of apartment and townhome residential units shall be permitted, provided that the following mandatory requirements are followed: (1) Approvals required: applications. Owners, lessees, or any person with interest in the property seeking to engage in short-term rental, must obtain a certificate of use permitting short-term rental under this section. The application for approval to engage in short-term rentals shall be on a form provided for that purpose, and contain the contact information for the person identified in subsection (3) below, identify the minimum lease term for which short-term rental approval is being requested, and such other items of required information as the planning director may determine. The application shall be accompanied by the letter or documents described in subsection (9) below, if applicable. The application for a certificate of use permitting short-term rentals shall be accompanied by an application fee of $600.00. (2) Time period. All short-term rentals under this section must be pursuant to a binding written agreement, license or lease. Each such document shall contain, at a minimum: the beginning and ending dates of the lease term; and each lessee's contact information, as applicable. No unit may be rented more frequently than once every seven days. (3) Contact person. All rentals must be supervised by the owner, manager, or a local and licensed real estate broker or agent or other authorized agent licensed by the city, who must be available for contact on a 24-hour basis, seven days a week, and who must live on site or have a principal office or principal residence located within the Flamingo Park or Espanola Way historic districts. Each agreement, license, or lease, of scanned copy thereof, must be kept available throughout its lease term and for a period of one year thereafter, so that each such document and the information therein, is available to enforcement personnel. The name and phone number of a 24-hour contact shall be permanently posted on the exterior of the premises or structure or other accessible location, in a manner subject to the review and approval of the city manager or designee. (4) Entire unit. Only entire apartment units and townhomes, as defined in section 114-1, legally created pursuant to applicable law, may be rented under this section, not individual rooms or separate portions of apartment units or townhomes. (5) Rules and procedures. The city manager or designee may adopt administrative rules and procedures, including, but not limited to, application and permit fees, to assist in the uniform enforcement of this section. (6) Signs. No signs advertising the property for short-term rental are permitted on the exterior of the property or in the abutting right-of-way, or visible from the abutting public right-of-way. (7) Effect of violations on licensure. Approvals shall be issued for a one-year period, but shall not be issued or renewed if violations on three or more separate days at the unit, or at another unit in the building owned by the same owner or managed by the same person or entity, of this section, issued to the short-term rental licensee were adjudicated either by failure to appeal from a notice of violation or a special master's determination of 10 420 a violation, within the 12 months preceding the date of filing of the application. (8) Resort taxes. Owners are subject to resort taxes for rentals under this section, as required by city law. (9) Association rules. Where a condominium or other property owners association has been created that includes the rental property, a letter from the association dated not more than 60 days before the filing of the application, stating the minimum rental period and the maximum number of rentals per year, as set forth under the association's governing documents, and confirming that short-term rentals as proposed by the owner's application under subsection ( 1) above are not prohibited by the association's governing documents, shall be submitted to the city as part of the application. If the applicant, after best efforts, is unable to obtain such a letter from the association, he or she may submit the latest version of the association's documents to the city attorney's office for confirmation of the above. (1 0) Variances. No variances may be granted from the requirements of this section. (e) Enforcement. (1) Violations of section 142-1111(a) or (b) shall be subject to the following fines. The special master may shall not waive or reduce fines set by this section. a-, If the violation is the first violation: $500.00. b. If the violation is the second violation within the preceding 12 months: $1 ,500.00. c. If the violation is the third violation within the preeeding 12 months: $5,000.00. d. If the violation is the fourth violation within the preceding 12 months: $7,500.00. e. If the violation is the fifth or greater violation 'Nithin the preceding 12 months: suspension or revocation of the certificate of use allmving short term rental. a. If the violation is the first violation: $1 ,500.00. b. If the violation is the second violation within the preceding 12 months: $3,000.00. c. If the violation is the third violation within the preceding 12 months: $5,000.00. d. If the violation is the fourth violation within the preceding 12 months: $7,500.00. e. If the violation is the fifth or greater violation within the preceding 12 months: $7,500.00 and the suspension or revocation of the certificate of use allowing short-term rental. Fines for repeat violations by the same offender shall increase regardless of locations. (2) In addition to or in lieu of the foregoing, the city may seek an injunction by a court of competent jurisdiction to enforce compliance with or to prohibit the violation of this section. (3) Any code compliance officer may issue notices for violations of this section, with enforcement of subsection 142-1111 (a) and alternative enforcement of subsection 142-1111 (b) as provided in chapter 30 of this Code. Violations shall be issued to the owner, manager, real estate broker or agent, or authorized agent, or any other individual or entity that 11 421 participates in or facilitates the violation of this section. In the event the record owner of the property is not present when the violation occurred or notice of violation issued, a copy of the violation shall be served by certified mail on the owner at its mailing address in the property appraiser's records and a courtesy notice to the contact person identified in subsection (d)(3) above. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 6. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of _______ , 2014. ATTEST: CITY CLERK First Reading: March 5, 2014 Second Reading: April 23, 2014 Verified by:------------- Thomas R. Mooney, AICP Acting Planning Director Underscore denotes new language Strike Thru denotes new language 2/21/2014 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney T:\AGENDA\2014\March\Prohibition of STR Ads in Residential Districts· ORD First Read.docx 12 422 Date COMMI::iSION II t:M ::iUMMAI.(Y Condensed Title: An Ordinance OfThe Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including December 31, 2014 Item Summary/Recommendation: FIRST READING The Off-Leash area which is currently operating under a "Pilot Program" was scheduled to sunset on April30 1 ~, 2014. At the December 11 1 h, 2013 Commission Meeting a motion was passed that for the next 120 days to leave the off-leash dog area at the lighthouse location and furthermore; during the 120 days, the Administration will bring to the Design Review Board a hedge at an alternate location with applicable seating at the alternate location and bring it back to Commission. Administration has since met with the architect working on the remediation plan for South Pointe Park. As directed by Commission staff has worked with the consultant to design a permanent off leash area in the portion of the park most recently used as a staging area for the force main project. This area will have landscaping, benches, dog waste stations and drinking fountains for both dogs and their owners. The design includes a low level landscaping to create a buffer between the off leash area and other areas of the park while not interfering with the views of the water and other areas within the park. The design is part of the current bid for the remediation of South Pointe Park and will be included as an add alternate in the bid package. Staff recommends extending the pilot program at its current location until the construction of the permanent location is completed. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 N/A N/A I I 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign-Offs: Department Director JR. __ _ T:\AGENDA\2014\March\Parks and Recreation\Animal Ordinance Amendment Off Leash Pilot Program Exte -SUMMARY.doc MIAMI BEACH 423 AGENDA ITEM ___,R,--a--=S_L~ DATE 3-S-IC-( MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members oft e City Com FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: AN ORDINANCE OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10- 11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING DECEMBER 31, 2014; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) Approving the ordinance. BACKGROUND The Off-Leash area which is currently operating under a "Pilot Program" was scheduled to sunset on April 301h, 2014. At the December 11 1h, 2013 Commission Meeting a motion was passed that for the next 120 days to leave the off-leash dog area at the lighthouse location and furthermore; during the 120 days, the Administration will bring to the Design Review Board a hedge at an alternate location with applicable seating at the alternate location and bring it back to Commission. Administration has since met with the architect working on the remediation plan for South Pointe Park. As directed by Commission staff has worked with the consultant to design a permanent off leash area in the portion of the park most recently used as a staging area for the force main project. This area will have landscaping, benches, dog waste stations and drinking fountains for both dogs and their owners. The design includes a low level landscaping to create a buffer between the off leash area and other areas of the park while not interfering with the views of the water and other areas within the park. The design is part of the current bid for the remediation of South Pointe Park and will be included as an add alternate in the bid package. The design will be submitted to the Design Review Board (DRB} for review and approval. (Currently scheduled to be on their May agenda.) If approved both by Commission through adoption of this ordinance and ORB the off leash area will become part of the remediation project. Once the project is completed a new and final ordinance will come before Commission for adoption and the pilot program will become a permanent program. Staff recommends extending the pilot program at its current location until the construction of the permanent location is completed. 424 CONCLUSION The Administration requests the Mayor and Commission review for their consideration the Ordinance Amendment on first reading and set a second reading and public hearing. Proposed Area 425 Proposed Design ., ;• -I ~·.:J .. , 'I' ··. I ;~ ~ --I .r ,. -~~ •. i~ ,·,·. i' ~ JLM/MT/JR I &nu1~~ r>l"':liNTF PARK L oi\Nf'.!'~(.APf ~irHAHI .... I ft.fi'J"' Pf(nJtl.. T ' .i' /1: . ',JJ'· -~-· f :1 ' . ; ' •'i T:IAGENDA\2014\March\Parks and Recreation\Animal Ordinance Amendment Off Leash Pilot Program Extension-MEMO.docx 426 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE, ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING DECEMBER 31, 2014; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 5-20(d) of the Miami-Dade County Code, "a dog may be unrestrained and shall not be deemed at large if it is supervised by a competent person and is ... in a park area in which dogs are specifically authorized by a municipality or by the County to be unrestrained ... "; and WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646 which specifically authorized dogs to be unrestrained and off-leash in South Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue entry plaza; and WHEREAS, subsequently, the regulations regarding the off-leash area for dogs have been amended pursuant to various Ordinances and the pilot program will sunset on April 30, 2014; and WHEREAS, at the December 11, 2013 City Commission meeting, the Mayor and City Commission directed the Administration to file an application with the Design Review Board (ORB) to seek approval of landscape material for an alternate off-leash dog area to the north of the current off-leash area; and WHEREAS, in order to allow the off-leash area to continue in its current location while the City Administration proceeds with City Commission direction to obtain ORB approval for a new location to the north of the current site, the current off-leash area and regulations should remain in effect through and including December 31, 2014; and WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program at its current location until December 31, 2014 while the City Administration pursues its application to the DRB. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows: Chapter 10 ANIMALS 427 Sec. 10-11. Running at large prohibited; exception. It shall be prohibited for the owner or person in control of any animal to permit the animal to run at large. All animals, when not on the premises of their owner or of the person in control, must be on a leash or contained in a carrier device and under the control of a competent person, except that in South Pointe Park, in the designated area south and west of the Washington Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 a.m. daily and from 6:00 p.m. to 9:00 p.m. on Monday through Friday, or during such other hours as may be specifically designated by a resolution of the city commission after a public hearing, through and including April 30, 2014 December 31, 2014. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of _______ , 2014. PASSED and ADOPTED this day of------' 2014. ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions Strike thro1:1gh denotes deletions F:\ATIO\TURNIORDINANC\Extend1ng Off Leash Pilot Program to 12-31-14.docx 2 428 PHILIP LEVINE, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION • ~ ,, ,r,' A ,\, /~ BEACH /\l\_/-~\/v \ OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMITIEE MEMORANDUM TO: Members of the Neighborhood/Community Affairs Committee FROM: Jimmy Morales, City Ma,~,, 1 Jose Smith, City A~o. r.re~ March 5, 2014 l ___ JfL· ·· ~ DATE: SUBJECT: Ordinance Amending Procedures for Appeals to the Special Master To ensure uniformity, consistency, and transparency in appeals to the Special Master from code violations, the City Attorney recommended that the City Code be amended to provide for a standard notice of appeal form, as is required for appeals under the Florida Rules of Appellate Procedure. Currently, City Code provisions for the appeal of code violations are varied and do not uniformly refer to a standard notice of appeal form. For example, appeals of a noise violation are stated to as follows: Sec. 46-159(b)(2). File a written request for an administrative hearing before a special master to appeal the decision of the code inspector that resulted in the issuance of the notice of violation. An appeal of a litter or handbill violation is stated as follows: Sec. 46-92(m)(1)(b). Request an administrative hearing before a special master ... to appeal the decision of the code compliance officer which resulted in the issuance of the notice of violation. At the February 6, 2013 City Commission meeting, this item was referred to the Neighborhood/Community Affairs Committee (NCAC) for its consideration. On April 29, 2013, the NCAC considered the item and recommended in favor of proceeding with the City Attorney's recommendation that uniform appeal procedures be codified in the City Code. The attached Ordinance, which is submitted for City Commission consideration on First Reading, provides for a uniform appeal procedure for all code violations that are appealed to the City's Special Master and also provides for clean-up amendments to some of the more frequently appealed code violations to refer to the new provisions in Section 30-77 (a) of the City Code. A proposed appeal form is also attached. JS/DT/mmd F:\ATTOITURN\MEMOS\Committee memo to Neighborhoods Committee special master appeals february 2014.doc Agenda Item R 5 1"1 Date g-~-1<{ 429 ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 30, ENTITLED "CODE ENFORCEMENT," BY AMENDING ARTICLE Ill, ENTITLED "ENFORCEMENT PROCEDURE," BY AMENDING SECTION 30·77, ENTITLED "APPEALS," BY CREATING A UNIFORM APPELLATE PROCESS FOR APPEALS OF CITY CODE VIOLATIONS TO THE SPECIAL MASTER, AND PROVIDING APPEAL REQUIREMENTS AND PENALTIES FOR NON·COMPLIANCE; BY AMENDING CHAPTER 46, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE Ill, ENTITLED "LITTER," AND ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTIONS 46·92 AND 46-159, RESPECTIVELY, TO INCORPORATE THE NEW SPECIAL MASTER APPELLATE PROCEDURES SET FORTH IN SECTION 30-77(A); BY AMENDING CHAPTER 70, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE Ill, ENTITLED "GRAFITTI," BY AMENDING SECTION 70-123 TO INCORPORATE THE NEW SPECIAL MASTER APPELLATE PROCEDURES SET FORTH IN SECTION 30·77(A); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article Ill, entitled "Enforcement Procedure," of Chapter 30, entitled "Code Enforcement," of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 30 Code Enforcement * * * ARTICLE Ill. Enforcement Procedure * * * Sec. 30·77. Appeals. ~ Appeals to the Special Master: notice of appeal requirements and penalties for non- compliance. Whenever a violator is authorized in the City Code to file an appeal with. or to request an administrative hearing before, a Special Master to appeal the decision of a code compliance officer that resulted in the issuance of a notice of violation imposing a fine. penalty, or both, the notice of appeal must be submitted on the form provided by the City Clerk and must comply with the following: 430 ill The notice of appeal must be filed with the City Clerk within the time period specified on the notice of violation. Failure to timely file a notice of appeal shall constitute a waiver of the violator's right to an appeal or administrative hearing before the Special Master and will be deemed an admission of the violation by the violator; and the fine and/or penalty identified within the notice of violation will be assessed accordingly, the appeal will be dismissed, and the appeal fee will not be refunded; ill The appeal fee approved by a resolution of the City Commission must be filed simultaneously with the notice of appeal; and .@l The notice of appeal must: ~ attach all pages (front and back} of the notice of violation that is the subject of the appeal; .Q.l accurately identify the violator by his/her/its complete name, address. and telephone number; and £), the notice of appeal shall be signed and filed by the violator or the violator's attorney. If filed by the violator's attorney, he/she must be identified by his/her complete name, Florida Bar number. address, e-mail. and telephone number. The Special Master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of the notice of appeal if the violator has failed to comply with any provision set forth in subsections 30-77(a)(1) through {2). If a notice of appeal form is timely filed, but does not comply with any provision in subsection 30-77{a){2)-(3), the City Clerk shall send a notice of non-compliance by certified mail, return-receipt requested. The non-compliance shall be corrected within 45 days of the date of the notice of non-compliance. Failure to correct the notice of appeal may subject the violator to sanctions which may include dismissal of the appeal, the imposition of costs. and the imposition of the fine and/or penalty identified in the notice of violation. f..!2l Appeals of a Special Master's final administrative order. An aggrieved party, including the city administration, may appeal a final administrative order of a special master to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to, appellate review of the record created before the special master. An appeal shall be filed within 30 days of the rendition of the order to be appealed. 2 431 SECTION 2. That Article Ill, entitled "Utter," of Chapter 46, entitled, "Environment," of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER46 Environment * * * ARTICLE Ill. Litter * * * DIVISION I. Generally * * * Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial handbill violations; commercial handbill regulations, fines, and rebuttable presumptions; seizure and removal of litter by the city; enforcement; appeals; liens. * * * (m) Rights of violators; payment of fine; right to appeal; failure to pay civil fine or to appeal. (1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice; or b. Request an administrative hearing before a special master appointed by the city commission upon recommendation of the city manager to appeal the decision of the code compliance officer which resulted in the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-77 {a). 1 02-384 ... and 102-385 of the City Code. (3) If the named violator after notice fails to pay the civil fine or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. 3 432 SECTION 3. (4) Any party aggrieved by the decision of the special master may appeal the decision in accordance with law. That Division IV, entitled "Noise," of Chapter 46, entitled "Environment," of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER46 Environment * * * ARTICLE IV. Noise * * * Sec. 46-159. Fines and penalties for violation; appeals; alternate means of enforcement. * * * ~ The procedures for appeal of the notice of violation shall be as set forth in sections 30- 77(a). 1 02-384_. and 102-385. A courtesy mail notice shall be promptly provided to the complainant of any hearing regarding the notice of violation, and the complainant may testify at such hearings; provided, however, that nontransmission of the courtesy notice to the complainant shall not in any way invalidate, affect, or impair any of the further proceedings, actions, or determinations in the case. Failure to give such notice shall not be a cause for continuance or cancellation of any scheduled hearing of the matter. Only two continuances, for no longer than 20 days each, shall be granted by the special master for any administrative hearing unless the alleged offender, at a hearing on a motion for continuance, establishes by testimony, and/or other evidence, that good cause exists for a further continuance. If the special master finds that a violation has occurred, the applicable penalty set forth in subsection 46-159(a) shall be imposed. SECTION 4. That Division 1, entitled "Generally," of Article Ill, entitled "Graffiti,n of Chapter 70, entitled "Miscellaneous Offenses," of the Code of the City of Miami Beach is hereby amended as follows: CHAPTER 70 Miscellaneous Offenses 4 433 * * * ARTICLE Ill. Graffiti * * * Division 1. Generally * * * Sec. 70-123. Prohibitions; enforcement; and penalties. * * * (d) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. ( 1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice; or b. Request an administrative hearing before a special master to appeal the notice of violation within 20 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72.Larni 30-73, and 30-77(a). (3) If the named violator after notice fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compllance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation, and fines and penalties may be assessed accordingly. (4) As an alternative to the procedures set forth in subsections(d)(1)-(d)(3), the city may request an administrative hearing pursuant to sections 30-71 through 30-79 if the violation is irreparable or irreversible in nature. In such case, the fines and penalties in said sections shall apply. (4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. SECTION 5. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 5 434 SECTION 6. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 7. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect the ___ day of _________ , 2014. PASSED and ADOPTED this ___ day of---------' 2014. ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions Strike thro~:.~gh denotes deletions PHILIP LEVINE, MAYOR F:\ATIO\TURN\ORDINANC\Chapter 30 • Appeals of the Special Master.docx 6 435 BEFORE THE SPECIAL MASTER CITY OF MIAMI BEACH, FLORIDA FOR THE CLERK'S OFFICE USE ONLY Appeal Case No. ___ _ Time Stamp: Appellant, v. CITY OF MIAMI BEACH, Appellee. -----------------~1 NOTICE IS GIVEN that Violation No.: ---- NOTICE OF APPEAL Payment Received Check o Cash o Credit card 0 Copy of Violation attached Yo No ---------~1 Appellant, appeals to the Special Master for the City of Miami Beach, Florida the Notice of Violation issued on ___________________ (date) at the following location: A copy of the Notice of Violation is attached hereto. The $100.00 Appeal fee is submitted simultaneously with this Notice of Appeal. Respectfully submitted, Name (Print)------------------ Title: ---------------------------Signature: ---------------------Address: ---------------------------- Phone: ------------------------E-mail: If submitted by an Attorney: Attorney Name (Print) __________ __ Address: ------------------------------- Phone: ------------------------------ E-mail: ----------------------Florida Bar No.: ---------------------- Signature: ------------------------------ F \A TTO\TURN\SPECIAL MASTER\notice of appeal special master.docx 436 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the maximum height requirements for oceanfront properties within RM-2 zoning districts. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summary/Recommendation: FIRST READING The proposed Ordinance would modify the maximum height requirements for oceanfront properties within RM-2 zoning districts, located within 250 feet of North Shore Open Space Park. The Administration recommends that the City Commission approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. Advisory Board Recommendation: On February 25, 2014, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 7 to 0. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Thomas Mooney Si n-Offs: Department Director T\AGENDA\2014\March\RM2 Oceanfront Heights-SUM First Read.docx MIAMI BEACH 437 City Manager AGENDA ITEM ---'-:R:-S---=-N-:-:--_ DATE 3-5-/<f ------------ MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miorni Beach, Flori do 33139, www rniornibeochfLgov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manager March 5, 2014 FIRST READING SUBJECT: RM-2 Oceanfront Heights AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS" BY AMENDING SECTION 142-217 REGARDING MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES FOR OCEANFRONT LOTS WITH A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. BACKGROUND On January 15\h, 2014, the City Commission referred a proposed Ordinance directly to the Planning Board, regarding the creation of a new height category in the Residential Multifamily, Medium Intensity (RM-2) Zoning district for Oceanfront lots located within 150 feet of the North Shore Open Space Park. A proposal has been put forward to redevelop the site located at 8701 Collins Avenue, where the existing Dezerland (formerly the Biltmore Terrace) Hotel currently stands. The proposed redevelopment of the site would include the construction of a 200 foot tall residential building, pedestrian promenade, and street enhancements located on the northerly portion of the property. ANALYSIS The proposed Ordinance amendment would permit all lots in the RM-2 district fronting the Atlantic Ocean and within 250 feet of the North Shore Open Space Park Boundary, a maximum allowable height of up to 21 stories or 200 feet. The subject property located at 8701 Collins Avenue is currently zoned RM-2. This area comprises one of only two RM-2 zoning districts fronting the Atlantic Ocean. The radius from the park boundary line was increased from the Commission's initial recommendation of 150 feet to 250 feet in order to ensure that all portions of the oceanfront lots in the RM-2 district would be 438 Commission Memorandum Ordinance: RM-2 Oceanfront Heights March 5, 2014 included under the purview of this Ordinance amendment. Page 2 of 2 The existing 220 room, Biltmore Terrace Hotel and associated commercial units are allowable uses within the RM-2 district. Pursuant to Section 142-217 of the City Code, the maximum height limit for the subject property is 6 stories or 60 feet. The height of the existing building on the site is legally non-conforming at 118'-9", according to the plans submitted. The owners of the property plan to retain the existing Biltmore Terrace Hotel as is, in its present location, but are interested in constructing an 18 story, 200 ft tall residential development with an adjoining pedestrian promenade and garden along the northerly portion of the property. The proposal to increase the maximum building height to 21 stories or 200 feet would be comparable to the maximum permitted heights found within existing residential multi- family districts that front the Atlantic Ocean. The nearest RM-3 zone is located south of 72nd Street, and the closest Oceanfront multi-family properties are located in the neighboring City of Surfside. The proposed increase in height would allow more flexibility in the design of a new residential project that would address the needs and concerns of the North Beach community, while preserving the existing hotel. Additionally, any and all new development found under the purview of this ordinance amendment must still comply with the applicable portions of the City Code that regulate floor area and setback requirements in the RM-2 district, which include a floor area ratio (FAR) limitation of 2.0. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on February 25, 2014 (PB File No. 2165), and recommended approval by a vote of 7 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. JLM/JMJ!TRM T:IAGENDA\2014\March\RM2 Oceanfront Heights-MEM First Read.docx 439 RM-2 Oceanfront Height Regulations ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS" BY AMENDING SECTION 142-217, "AREA REQUIREMENTS," REGARDING MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES FOR OCEANFRONT LOTS WITH A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the North Beach area of the City has lagged behind other areas of the City in economic redevelopment; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment in the North Beach area; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article II, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142- 217, "Area Requirements," is hereby amended as follows: Sec. 142-217. Area Requirements. The area requirements in the RM-2 residential multifamily, medium intensity district are as follows: Minimum Lot Area {Square Feet) 7,000 Minimum Minimum Unit Average Unit Maximum Maximum Lot Width Size (Square Size (Square Building Number of (Feet) Feet) Feet) Height (Feet) Stories 50 New New construction-construction- 550 800 Non-elderly and elderly low and moderate income housing: See Section 142- 1183 Rehabilitated buildings- 440 Non-elderly and elderly low and moderate income housing: See Section 142- 1183 Rehabilitated buildings- Historic district-50 {except as provided in section 142- 1161 Area bounded by Indian Creek Dr., Collins Ave., 26th St., and 44th St.-75 Historic district-S (except as provided in section 142- 1161 Area bounded by Indian Creek Dr., Collins Ave., 26th St., and 44th St.-8 400 550 Hotel unit: Hotel units- 15%: 300-N/A 335 85%: 335+ SECTION 2. CODIFICATION. Area fronting west side of Collins Ave. btwn. 76th St. and 79th St.-75 Otherwise- SO Lots fronting Biscayne Bay less than 45,000 sq. ft.-100 Lots fronting Biscayne Bay over 45,000 sq. ft.-140 Lots fronting Atlantic Ocean over 100,000 sq. ft.-140 Lots fronting Atlantic Ocean with a property line within 250 feet of North Shore Open Space Park Boundary -- 200 Area fronting west side of Collins Ave. btwn. 76th St. and 79th St.-8 Otherwise- 6 Lots fronting Biscayne Bay less than 45,000 sq. ft.-11 Lots fronting Biscayne Bay over 45,000 sq. ft.-15 Lots fronting Atlantic Ocean over 100,000 sq. ft.-15 Lots fronting Atlantic Ocean with a property line within 250 feet of North Shore Open Space Park Boundary -- 21 It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. 2 441 PASSED and ADOPTED this __ day of _______ , 20_. ATTEST: CITY CLERK First Reading: March 5, 2014 Second Reading: April 23, 2014 Verified by:--------- Thomas Mooney, AICP Acting Planning Director Underscore denotes new language T:IAGENDA\2014\March\RM2 Oceanfront Heights-ORO First Read REV.docx 3 442 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION •2 2." J 1-i Date COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the setback requirements for detached additions and ADA walkways for oceanfront properties within RM-3 zoning districts. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would modify the setback requirements for detached additions not exceeding 25' in height, as well as required ADA walkways for 'Contributing' buildings, for oceanfront properties located in the Architectural District and the RM-3 zoning district. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April23, 2014. Advisory Board Recommendation: On February 25, 2014, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 7 to 0. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. C1ty Clerk's Office Leg1slat1ve Trackmg: I Thomas Mooney Si n-Offs: Department Director T:IAGENDA\2014\March\RM-3 Oceanfront Setbacks-SUM First Read.docx MIAMI BEACH 443 AGENDA IT EM ---L::'RL-S'-::Q:--:--:-- DATE 3-S"-I~ lD MIAMI BEACH '"'="' City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 3 31 39, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City FROM· Jimmy L Morales, City Manager DATE: March 5, 2014 FIRST READING SUBJECT: RM-3 Oceanfront Setbacks for Det ched Additions and ADA Walkways AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS" BY AMENDING SECTION 142-247 REGARDING SETBACKS REQUIREMENTS FOR DETACHED ADDITIONS IN OCEANFRONT LOTS LOCATED WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4 "SUPPLEMENTARY YARD REGULATIONS," BY AMENDING SECTION 142-1132 REGARDING AMERICANS WITH DISABILITIES ACT (ADA) WALKWAYS AND RAMP STRUCTURES WITH AWNINGS IN SIDE YARDS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April 23, 2014. BACKGROUND On January 15, 2014, the City Commission referred a discussion item to the Land Use and Development Committee, regarding the setback regulations for detached cabana structures and ADA walkways, located within the Miami Beach Architectural District. The City Commission also referred the item to the Planning Board. On February 19, 2014, the Land Use and Development Committee reviewed the proposed Ordinance. The committee recommended in favor of the reduction in the required side setbacks for detached accessory structures for RM-3 properties located within the Miami Beach Architectural District. However concerns were expressed regarding the proposed reduction in the required rear setbacks. A combination of a reduced percentage from the existing requirement (20% of the lot depth, 50 feet minimum from the bulkhead line, whichever is greater), along with a minimum setback of 10 feet from the Oceanfront Overlay District, was discussed. The Land use and Development Committee requested that the Planning Board review in particular the rear 444 Commission Memorandum Ordinance: RM-3 Oceanfront Setbacks March 5, 2014 setback requirements and provide a recommendation. Page 2 of 3 The LUDC was supportive of the requested modifications to allow reduced setbacks for ADA ramps and walkways located within a required sideyard; however it was recommended that an awning be provided where feasible, rather than required as part of the walkway and ramp construction. ANALYSIS The subject Ordinance proposes to modify 2 separate sections of Chapter 142 of the City Code. The first section addresses side and rear setbacks for detached additions for RM-3 zoned Oceanfront lots within the Miami Beach Architectural District, and the second section addresses allowable encroachments within required yards, by expanding the list of allowable encroachments. The first section of the proposed Ordinance would apply to all RM-3 zoned oceanfront properties in the National Register Architectural District, which is composed of lots on the east side of Collins Avenue from 161h Street to 21st Street. Detached structures are considered a 'pedestal', if they are less than 50' in height. In accordance with the setback requirements in the RM-3 district, the minimum interior and street side setbacks for a detached pedestal addition are 7'-6" or 8% of lot width, whichever is greater. The rear setback is 20% of lot depth or 50 feet from the bulkhead line whichever is greater. For those portions of a property that lie within the Oceanfront Overlay (that area 50' west of the bulkhead line), the minimum required setback from a side lot line is 15' and the minimum required setback from the bulkhead line is 10'. This proposal originated concurrently with a recently approved expansion project at the Raleigh Hotel. Specifically, the minimum interior side setback requirements for certain types of detached cabana structures, and associated accessibility ramps, are proposed to be relaxed. In this regard, the property owner of the Raleigh Hotel has very serious limitations on the ability to add a modest amount of additional cabana areas at the rear of the property, due to the location of the existing, historic hotel, as well as the existing pool, deck and related ancillary structures. Because of the very high degree of historic and architectural integrity associated with the existing structures on the subject site, relief from the existing setback requirements was provided by variances granted by the Board of Adjustment, in order to accommodate a modest expansion proposal at the rear of the site. The proposed additions at the back of the property are being done in conjunction with a detailed historic restoration of the larger site. However, due to legal complications, the owner of the Raleigh Hotel has proposed a code amendment in lieu of moving forward with the variances granted by the BOA. Although not opposed to the concept of reducing setback requirements for small, detached structures in the rear yard of oceanfront lots, further review and study may be required regarding changes to the rear setback requirements. Oceanfront lots are also subject to the requirements of the Oceanfront Overlay District and the Dune Preservation Overlay District, and each district has strict regulations on the type of construction permitted, permitted uses, as well as setbacks from both the side property lines, bulkhead line and erosion control line. Although supportive of the concept of relaxing the rear setback requirements, as noted in the Planning Department version of the Ordinance, further study of the existing requirements, including existing and historic site conditions, may be required in order to ensure that there are no unintended consequences with the proposed reduction in the rear setback requirements. 445 Commission Memorandum Ordinance: RM-3 Oceanfront Setbacks March 5, 2014 Page 3 of 3 The second section of the proposed Ordinance is to expand upon the allowable encroachments within required yards, to make additional accommodations for ADA compliant walkways and ramps. In the Planning Department version of the Ordinance, changes are recommended to allow expanded ADA access, while at the same time leaving some room for a landscape buffer between the walkway and adjacent property. Staff has also recommend that the encroachment into the setback for ADA walkways and ramps be permitted when providing access to existing 'Contributing' structures only, and that any connection to new additions comply with current code requirements for ADA walkways and ramps. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on February 25, 2014 (PB File No. 2166), and recommended approval by a vote of 7 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. CONCLUSION The Administration recommends that the City Commission: 1) Accept the recommendation of the Land Use and Development Committee via separate motion; and 2) Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for April23, 2014. JLM/JMJfTRM T:V\GENDA\2014\March\RM-3 Oceanfront Setbacks-MEM First Read.docx 446 -------------------------------------- RM-3 Oceanfront Setbacks for Detached Structures and ADA Walkways ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS" BY AMENDING SECTION 142-247, "SETBACK REQUIREMENTS," REGARDING SETBACK REQUIREMENTS FOR DETACHED ADDITIONS IN OCEANFRONT LOTS LOCATED WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4 "SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1132, "ALLOWABLE ENCROACHMENTS IN REQUIRED YARDS," REGARDING AMERICANS WITH DISABILITIES ACT (ADA) WALKWAYS AND RAMP STRUCTURES WITH AWNINGS IN SIDE YARDS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the as-built environment of historic structures in oceanfront lots in the Miami Beach Architectural District restricts the developable area for additional hotel units; and WHEREAS, additional hotel units in oceanfront lots in the Miami Beach Architectural District are an economic benefit to the City; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment in the oceanfront lots in the Miami Beach Architectural District; and WHEREAS, the location of existing historic and non-historic structures restricts the area in the side yards for Americans with Disabilities Act (ADA) walkways and ramp structures; and WHEREAS, the Mayor and City Commission desire to provide adequate ADA walkways and ramp structures throughout the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article II, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-247 is hereby amended as follows: Sec. 142-247. Setback requirements. The setback requirements for the RM-3 residential multifamily, high intensity district are as follows: 447 Front Side, Side, Facing Rear Interior a Street At-grade 20 feet 5 feet, or 5% of lot 5 feet, or 5% Non-oceanfront parking lot on width, whichever is of lot width, lots-5 feet the same lot greater whichever is Oceanfront greater lots-50 feet from bulkhead line Subterranean 20 feet 5 feet, or 5% of lot 5 feet, or 5% Non-oceanfront width, whichever is of lot width, lots-0 feet greater. (0 feet if whichever is Oceanfront lot width is 50 feet greater lots-50 feet or less) from bulkhead line Pedestal 20 feet Sum of the side Sum of the Non-oceanfront Except lots A and 1-yards shall equal side yards lots-1 0% of lot 30 of the Amended 16% of lot width shall equal depth Plat Indian Beach Minimum-7.5 feet 16% of lot Oceanfront Corporation or 8% of lot width, width lots-20% of lot Subdivision and lots whichever is Minimum-depth, 50 feet 231-237 of the greater 7.5 feet or 8% from the Amended Plat of First of lot width, bulkhead line Ocean Front whichever is whichever is Subdivision-50 feet greater greater Tower 20 feet + 1 foot for The required Sum of the Non-oceanfront every 1 foot increase pedestal setback side yards lots-15% of lot in height above 50 plus 0.10 of the shall equal depth feet, to a maximum of height of the tower 16% of the lot Oceanfront 50 feet, then shall portion of the width lots-25% of lot remain constant. building. The total Minimum-depth, 75 feet Except lots A and 1-required setback 7.5 feet or 8% minimum from 30 of the Amended shall not exceed 50 of lot width, the bulkhead Plat Indian Beach feet whichever is llne whichever Corporation greater is greater Subdivision and lots 231-237 of the Amended Plat of First Ocean Front Subdivision-50 feet Notwithstanding the above, oceanfront lots located in the Miami Beach Architectural District shall be permitted to construct detached additions at a height not to exceed 25 feet and shall have setback requirements as follows: Side, interior - 5 feet Side. street - 5 feet Rear -10% of lot depth or the western edge of the Oceanfront Overlay, whichever is greater 2 448 Section 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article IV, "Supplementary District Regulations," Division 4 "Supplementary Yard Regulations," Section 142-1132 is hereby amended as follows: Sec. 142-1132. Allowable encroachments within required yards. * * * (o) Projections. In all districts, every part of a required yard shall be open to the sky, except as authorized by these land development regulations. The following may project into a required yard for a distance not to exceed 25 percent of the required yard up to a maximum projection of six feet. ( 1) Belt courses. (2) Chimneys. (3) Cornices. (4) Exterior unenclosed private balconies. (5) Ornamental features. (6) Porches, platforms and terraces (up to 30 inches above the elevation of the lot, as defined in subsection 142-1 05(a)(1 )e. (7) Roof overhangs. (8) Sills. (9) Window or wall air conditioning units. (1 0) Bay windows (not extending floor slab). (11) Walkways: Maximum three and one-half feet. May be increased to a maximum of five feet for those portions of walkways necessary to provide Americans with Disabilities Act (ADA) required turn around areas and spaces associated with doors and gates. Walkways in required front yards and side yards facing a street may exceed these restrictions when approved through the design review or certificate of appropriateness procedures, as applicable, and pursuant to chapter 118, article VI, of the City Code. Notwithstanding the foregoing, when required to accommodate ADA access to an existing 'Contributing' building within a local historic district. or National Register District. an ADA walkway and ramp may be located within a street side or interior side yard, with no minimum setback. provided all of the following is adhered to: a. The maximum width of the walkway and ramp shall not exceed 44" and 5'- 0" for required ADA landings. b. The height of the proposed ramp and landing shall not exceed the finished first floor of the building(s). c. The slope and length of the ramp shalt not exceed that which is necessary to meet minimum Building Code requirements. 3 449 Additionally, subject to the approval of the design review board or historic preservation board. as applicable, an awning may be provided to protect users of the ADA walkway and ramp from the weather. 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. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _______ , 20_. ATTEST: CITY CLERK First Reading: March 5, 2014 Second Reading: April 23, 2014 Verified by:--------- Thomas Mooney, AICP Acting Planning Director Underscore denotes new language I ( \._ T:IAGENDA\2014\March\RM-3 Oceanfront Setbacks-ORD First Read REV.docx 4 450 MAYOR MIAMI BEACH JOSE SMITH, CITY AnORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Philip Levine Members of the City Commission Jimmy Morales, City Manager Ralph Granado, City Clerk Jose Smith, City Attorney 1 /~lJ J~ March 5, 2014 K_ {} AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES" TO PROHIBIT MOTORIZED MEANS OF TRANSPORTATION ON THE BEACHWALK BETWEEN 15TH TO 23R 0 STREETS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Pursuant to the request of Commissioner Jonah Wolfson, the above- referenced Ordinance was prepared by the City Attorney's Office and is submitted for consideration by the Mayor and City Commission for First Reading. F :\A TIO\TURN\MEMOS\Motorized vehicles.docx 451 Agenda Item B S'P Date 3-5-/l( ORDINANCE NO. _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES" TO PROHIBIT MOTORIZED MEANS OF TRANSPORTATION ON THE BEACHWALK BETWEEN 15TH TO 23R 0 STREETS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to encourage the safe use of pedestrian ways in the City; and to facilitate and balance the health, safety, and welfare interests of pedestrians, bicyclists, and others utilizing bicycle paths, sidewalks, and sidewalk areas in the City; and WHEREAS, the City of Miami Beach is an international tourist destination that attracts visitors year round and experiences significant use and congestion on its bike paths, sidewalks, and pedestrian ways and, in particular, on the beachwalk between 151h and 23rd Streets which is adjacent to Convention Center hotels and other high density hotel and residential buildings, and is in close proximity to major City attractions including Ocean Drive, Lummus Park, Lincoln Road, The Fillmore Miami Beach at the Jackie Gleason Theater, and The New World Center and Soundscape Park; and WHEREAS, Section 316.2068{5) of the Florida Statutes provides that a "municipality may regulate the operation of electric personal assistive devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body of the ... municipality determines that regulation is necessary in the interest of safety"; and WHEREAS, subject to limited exceptions, Section 316.1995 of the Florida Statutes provides that a person may not drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area; and WHEREAS, motorized bicycles, mopeds, and motorized scooters are defined as vehicles under Section 316.003 of the Florida Statutes and, subject to limited exceptions, are not authorized on bicycle paths, sidewalks or sidewalk areas; and WHEREAS, due to the safety concerns and injuries already experienced on the City's heavily traveled beachwalk, the Mayor and City Commission hereby determine that it is in the interest of public safety that all motorized means of transportation be prohibited on that portion of the beachwalk between 23rd and 151h Streets at all times, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT CHAPTER 70, ARTICLE II OF THE CODE OF THE CITY OF MIAMI BEACH IS AMENDED AS FOLLOWS: 452 SECTION 1. That Division II of Article II of Chapter 70 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 70 MISCELLANEOUS OFFENSES * * * ARTICLE II. Public Places * * * DIVISION II. Bicycling, Skateboarding, Roller Skating, In-Line Skating, and Motorized Means of Transportation * * * Sec. 70-67. Prohibited activities. (a) It shall be unlawful for any person to engage in skateboarding, or operating any motorized means of transportation, except for wheelchairs or other such motorized devices when used by disabled persons, in, on, or upon any portion of Lincoln Road Mall lying west of the westerly line of Washington Avenue to the easterly line of Alton Road at any time. (b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line skating, skateboarding, or operating any motorized means of transportation, in, on, or upon any portion of the sidewalk on the west side of Ocean Drive between South Pointe Drive and 151h Street at any time. (c) It shall be unlawful to operate any motorized means of transportation in, on. or upon the beachwalk between 151h and 23rd Streets. ts1 .(Q) It shall be unlawful to operate any motorized means of transportation, in, on, or upon any sidewalk or sidewalk areas in the city, except for (a) wheelchairs or other motorized means of transportation when used by disabled persons and (b) electric personal assistive mobility devices, where otherwise not prohibited, which shall be restricted to a maximum speed of eight miles per hour. tat.(.§} It shall be unlawful to operate an electric personal assistive mobility device on any bicycle path in the city, where otherwise not prohibited, at a speed greater than eight miles per hour. te1 ill It shall be unlawful to grind, rail slide, launch, or stall on the skateboard, in-line skates, or roller skates or to engage in any other such type of activity which results in the damage of public or private property. fft .{gl It shall be unlawful to operate an electric personal assistive mobility device on interior pathways within South Pointe Park and Collins Park. 2 453 SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the ___ day of March, 2014. PASSED AND ADOPTED this ___ day of ______ , 2014. ATTEST: Rafael E. Granado, City Clerk (Sponsored by Commissioner Jonah Wolfson} (~ ( !. Philip Levine, Mayor F:\ATIO\TURNIORDINANC\Chapter 70-Prohibited Motorized Transportation 15-23rd Street Beachwalk.docx 3 454 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the Third Amendment to the Capital Bud et for Fiscal Year 2013/14. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital Improvement Plan ("CIP") serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the spring when all departments are asked to prepare capital improvement updates and requests on the department's ongoing and proposed capital projects. Individual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. The CIP is updated annually and submitted to the City Commission for adoption. The 2013/14 - 2017/18 Capital Improvement Plan and FY 2013/14 Capital Budget were adopted on September 30, 2013, by resolution 2013-28354. The First Amendment to the FY 2013/14 Capital Budget was approved on December 11, 2013, by resolution 2013-28442. The Second Amendment to the FY 2013/14 Capital Budget was approved on January 15, 2014 by resolution 2014-28470. Section 166.241 (4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. Administration recommends adopting the resolution for the third Amendment to the FY 2013/14 Capital Budget. The third amendment to the FY 2013/14 Capital Budget totals an increase of $25,250,000 and a re- appropriation of $90,000 in order to provide additional funding to the following three capital projects. 1. 61h, 1 o'h and 141h Street Stormwater Pump Station project 2. Ocean Rescue Lifeguard Stands 3. Convention Center Renovation Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 $3,750,000 389-South Pointe Capital ~~ 2 $7,500,000 429-Stormwater Line of Credit (4v-,./ 3 $14,000,000 165-Loews/ Royal Palm Proceeds OBPI Total $25,250,000 Financial Impact Summary: Stormwater Pump Station Project: projected to have a $10,000 annual operating cost impact per pump ($150,000 over 5 years). The cost will include labor, equipment, electricity and minor mechanical and electrical parts. City Clerk's Office Legislative Tracking: Assistant City Manager MIAMI BEACH R7A 456 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2013/14. ADMINISTRATION RECOMMENDATION Adopt the Resolution for the Third Amendment to the Fiscal Year (FY) 2013/14 Capital Budget. BACKGROUND Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital Improvement Plan ("CIP") serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the spring when all departments are asked to prepare capital improvement updates and requests on the department's ongoing and proposed capital projects. Individual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. The CIP is updated annually and submitted to the City Commission for adoption. The 2013/14- 2017/18 Capital Improvement Plan and FY 2013/14 Capital Budget were adopted on September 30, 2013, by resolution 2013-28354. The First Amendment to the FY 2013/14 Capital Budget was approved on December 11, 2013, by resolution 2013-28442. The Second Amendment to the FY 2013/14 Capital Budget was approved on January 15, 2014 by resolution 2014-28470. Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. Administration recommends adopting the resolution for the Third Amendment to the FY 2013/14 Capital Budget. 457 Resolution Adopting the Third Amendment to the Capital Budget for FY 2013/14 March 5, 2014 Page 2 of 2 THIRD AMENDMENT TO THE FY 2013/14 CAPITAL BUDGET The third amendment to the FY 2013/14 Capital Budget totals an increase of $25,250,000 and re-appropriation of $90,000 in order to provide funding to the following three capital projects. 1. stn, 10th and 14th Street Stormwater Pump Stations -This project requires a budget amendment in the amount of $11,250,000 to execute a design-build contract, with a guaranteed maximum price for the remaining stormwater pump stations for 6th street, 10th street and 14th street. These pump stations will mitigate rainfall and tidal flooding in the south beach area. The 6th Street station will be funded from the 389- South Pointe Capital Fund ($3, 750,000); the 1Oth and 141h street stations will be funded from the 429-Stormwater Line Of Credit ($7,500,000). Prior Years' Appropriations $0 March 5, 2014 Budget Amendment 11,250,000 Proposed Total Appropriations $11,250,000 2. Ocean Rescue Life Guard Stands· This project includes the replacement of rotten wood and painting of the twenty nine lifeguard stands from South Pointe up to 851h Street. The cost of this project is $90,000 and will be funded from funds previously appropriated for the 555 Building Recirculation Fan Installation and Exterior Door Replacement projects (125-Renewal & Replacement Funds), which are on hold pending the final design of the Convention Center. Prior Years' Appropriations $0 March 5, 2014 Budget Amendment 90,000 Proposed Total Appropriations $90,000 3. Convention Center Renovation Project-This item appropriates $14,000,000 in the Convention Center Renovation project to cover soft costs including contracts for a Design Criteria Professional, Project Consultant (SAG), Cost Estimator Consultant, and other miscellaneous costs. The $14,000,000 will be appropriated from available fund balance in Fund 165 -Loews/Royal Palm Proceeds. Prior Years' Appropriations $600,000 March 5, 2014 Budget Amendment 14,000,000 Proposed Total Appropriations $14,600,000 458 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2013/14. WHEREAS, the Miami Beach Capital Budget for FY 2013/14 was approved and appropriated via Resolution No. 2013-28354 on September 30, 2013; and WHEREAS, the first amendment to the Miami Beach Capital Budget for FY 2013/14 was approved and appropriated via Resolution No. 2013-28442 on December 11, 2013; and WHEREAS, the second amendment to the Miami Beach Capital Budget for FY 2013/14 was approved and appropriated via Resolution No. 2014-28470 on February 12, 2014; and WHEREAS, it is recommended the FY 2013/14 Capital Budget be amended to add appropriations totaling $11,250,000 to a new Stormwater Pump Station project as outlined in "Attachment C-Project"; and WHEREAS, the proposed third amendment to the FY 2013/14 Capital Budget is included in "Attachment A-Source of Funds" and "Attachment B-Program". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission hereby adopt the Third Amendment to the Capital Budget for Fiscal Year 2013/14 as shown in Attachment A {Source of Funds), Attachment B (Programs) and Attachment C (Projects). PASSED AND ADOPTED this 51h day of March, 2014. Philip Levine, Mayor Attest: Rafael Granado, City Clerk / City Attorney Date 459 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ATTACHMENT A FY 2013/14 CAPITAL BUDGET SOURCE OF FUNDS Amended 03/05/14 Amended Budget Funding Source as of 1115/14 Amended 3/5/14 1997 Parking Sys. Rev. Bonds $ 217,000 2003 GO Bonds -Neighborhood Improvement 148,000 2003 GO Bonds -Parks & Beaches 553,000 2010 Parking Bonds Reso. 2010-27491 160,000 7th Street Garage 1,900,000 Capital Projects Not Financed by Bonds 89,000 City Center RDA Capital Fund 15,073,000 Capital Reserve 691,355 Communications Fund 40,000 Convention Center 3,701,000 Equipment Loan/Lease 4,644,000 Fleet Management Fund 160,000 Gulf Breeze 2006 (83,759) Half Cent Transit Surtax -County 1,569,000 Info & Communications Technology Fund 486,000 Local Option Gas Tax 544,000 MB Quality of Life Resort Tax Fund-1% 1,024,000 MDC COT lnterlocai-CDT/Resort Tax Eligib 4,000,000 Miami-Dade County Bond 2,933,581 NB Quality of Life Resort Tax Fund -1% 678,000 Parking Operations Fund 1,109,000 Pay-As-You-Go 1,726,000 RDA-Anchor Garage Fund 485,000 Renewal & Replacement Fund 2,746,000 SB Quality of Life Resort Tax Fund - 1 % 980,000 South Pointe Capital 4,283,000 3,750,000 South Pointe RDA 1,636,000 Storm Water Bnd Fund 431 RES0#2011-27782 529,000 Stormwater Bonds 2000S {256,000} Stormwater LOC Reso. No 2009-27076 2,007,419 7,500,000 W&S GBL Series 2010 CMB Reso 2009-27243 81,759 HUD Section 108 Loans 17,391 Water and Sewer Bonds 2000s 34,000 People's Transportation Fund 13,000 Total Appropratlon as of 3/5/14 $ 53,918,746 $ 11,250,000 460 Revised $ 217,000 148,000 553,000 160,000 1,900,000 89,000 15,073,000 691,355 40,000 3,701,000 4,644,000 160,000 (83,759) 1,569,000 486,000 544,000 1,024,000 4,000,000 2,933,581 678,000 1,109,000 1,726,000 485,000 2,746,000 980,000 8,033,000 1,636,000 529,000 (256,000) 9,507,419 81,759 17,391 34,000 13,000 $ 65,168,746 Program Area Min Public Places Bridges Con'llention Center En\llronmental Equipment General Public Buildings Golf Courses Information Technology IVonuments Parking Parking Garages Parking Lots Parks Renewal & Replacement Seawals Streets/Sidewalk Imps Trans it/Transportation Utilities ATTACHMENT B FY 2013/14 CAPITAL BUDGET PROGRAMS Amended 03/05/14 Amended Budget as of 1/15/14 Amended 3/5/14 $381,000 185,000 3,700,000 2,275,000 8,626,000 3,750,000 967,000 493,000 189,000 204,000 12,525,000 459,000 4,450,000 6,003,000 121,000 5,295,746 3,432,000 863,000 11,250,000 Total Appropration as of 3/5/14 $ 53,918,746 $ 11,250,000 461 Revised $381,000 165,000 3,700,000 2,275,000 8,626,000 3,750,000 967,000 493,000 189,000 204,000 12,525,000 459,000 4,450,000 6,003,000 121,000 5,295,746 3,432,000 12,113,000 $ 65,168,746 ATTACHMENT C CAPITAL BUDGET PROJECT Amended 03/05/14 Capital Project Name Current Capital Budget 6th, 1oth and 14th Street Stormwater Pump Stations $0 Total $0 462 Amended Current Capital 03/05/14 Budget $11,250,000 $11 ,250,000 $11,250,000 $11 ,250,000 ~ 0') w MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY. FEBRUARY 20, 2014 I 15NE NOTICE IS HEREBY given thai a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, florida, In the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, florida, on Wednesday, March 5, 2014 to consider the following· 10:05 a.m. Ale No. 2147. 4000 Alton Road, Talmudic University-FLUM Amendment-An Ordinance Amending The Future land Use Map Of The ComprehensiYe Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More Commonty Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "N' Hereto, Fmm The Current ROS, "Recreation And Open Space," To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date. (Inquiries may be direc1ed to the Planning Department at 305-673-7550.) 10:10 a.m. File No. 2148. 4000 Mon Road, Talmudic University -Zoning Map Change -An Ordinance Amending The Official Zoning District Map, Referenced In section 142-72 Of The Code Of The City Of Miami Beach, Florida, By Changing Tile Zoning District Classification For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification GU. "Government Use District," To The Proposed Zoning Classification RM-2, "Residential Multi-Family Medium Intensity," Providing For Codification, Repealer. Severability And An Effective Date. ~nquiries may be directed to the Planning Department at 305-673-7550.) 10:25 a.m. Alton Road f!istoric District Buffer Overlay -An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Creating Division 8 "Alton Road-Historic District Buffer Overlay," By Including Section 142-858 "location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Rallo; Maximum Building Hoight; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of RetaillJses, Restaurants, Bars, Entertainment Eslablishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance: Providing For Codification; Repealer: Severability: And An Effective Dale. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:40 a.m. Building Department Permit Fees -An Ordinance Amending Chapter 14 Of The City Code. Entitled "Building Regulations," By Amending Article II, Entitled "Construction Standards," By Amending Division 2, Enlitled "Perm1t Fees," By Amending The Following Sections Therein, To Wit: Section 14-61, Entitled "Permit Fees. Generally"; Section 14-62, Entitled "Building Permits": SectiOn 14-63, Entitled "Plumbing Permits"; Section 14-64, Entitled "Electrical Permits": Sectior 14-65, Entitled "Mechanical Permits"; Section 14-66. Entitled "Annual Facility Permit"; Section 14-67, Entitled "forty-Year Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign": Section 14-70, Entitled "General tnformaHon": Section 14-71, Entitled "Temporary Structure"; To Provide For E~press Permits. Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efficient, Etlective, And Transparent Way To Assess Fees For Building Permit Services, And By Amending Corresponding Por1ions Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees." Relating To Building, Plumbing, Electrical, And Mechanical Work, And Other Building Department Activities; Providing For Repealer, Severability, Codification, And An Effective Date.(lnquiries may be directed to the Building Department at 305-673-7610.) 10:50 a.m. ResortTa~ Ordinance-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 Retums Filed Late, Where No Tax Is Due; Providing For Codification; Repealer; Severability; And An Effective Date. (Inquiries may be directed to the Finance Department at 305-673-7466.) 11:00 a.m. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, En@ed "Agencies, Boards And Committees," By Amending Section 2-27, Entitled "Reserved," To Create A 5/7th Vote Requirement For The Creation Of Agencies, Boards And Committees; Providing Exceptions Thereto; And Providing For Repealer, Severability, Codification. And An Effective Date. (Inquiries may be directed to the City Attorney's Office al305-673-7470.) 11:10 a.m. Fire And Police Pension Ordinance -An Ordinance Amending Part I. Subpart B, Article IX, Related Special Acts, Of The Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And Fire Departments"; lmplemenflng ProviSions Of The 2012-2015 Collective Bargaining Agreements Between The City And Are Fighters Of Miami Beach, (IAFF) Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8 (FOP); Implementing Recommendations Of The Budget Adviscry Committee, A Memorandum Of Understanding And Other Changes; Amending Section 63 Entitled "Source Of Monies For fund; Computation Of Liability; Use And Investment Of Fund"; •service Record"; And Amending Section 66 Entitled "Service And Disability Benelits Generally"; Providing For Severabflity; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective !late. (Inquiries may be directed to 1t1e Human Resources Department at 305-673-7524.) X I 11:20 a.m. A Resolution To Adopt The Third Amendment To The Capital Budget For Fiscal Vear (FY) 2013114. Onquiries may be directed to the Office of Budget & Performance Improvement at 305-673-7510.) 11:30 p.m. RM-2 Hotel Otiice Usos -An Ordinance Amending The land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV '~Residential Multifamily, Medium Intensity," Section 142-212, "Main Permitted Uses," To Expand The Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue; Providing For Repealer; Severability; Codification; And An Effective Date. (Inquiries may be directed to the Planning Department at305-673-7550) INTERESTED PARTIES are invited to appear at this meeting, or be represer1ted by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Conventlor Center Olive, 1" Floor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public Inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting or this Item may be continued, and under such circumslllnces. additional legal notice need not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat, the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made_ which record Includes the testimony and evidence upon which the appeal is to be based. Tl1is notice does nat canstitiJte consent by the City for the introduction or admission of othmwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To 1equest this material in accessible format, sign language interpreters, information 011 access far persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceedi 11g, please contact us five days in advance at (305) 673-7 411 (Yo ice) or TTY users may also call t11e Rorida Relay Service at 7 I 1. AD#862 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Adopting The 2014 Update To The Key Intended Outcomes In The City Of Miami Beach's Strategic Plan; And Guiding The Design Of Programs And Services As Set Forth Herein Item Summary/Recommendation: At the January 31, 2014 Commission Retreat the City's Key Intended Outcomes in the Strategic Plan were updated to reflect the priority outcomes of the Mayor and Commission. Per Resolution 2006-26341, the City shall create a strategic plan that identifies multi-year strategic priorities (Key Intended Outcomes) with corresponding result measures for each priority. The updated Strategic Plan includes Key Intended Outcomes prioritized at the 2014 Commission Retreat. The Administration recommends the adoption of the 2014 update to the Key Intended Outcomes in the City of Miami Beach Strategic Plan. This adoption will better guide the City of Miami Beach's design of programs and services to provide excellent service to all who live, work, and play in our vibrant, tropical community. Adviso Board Recommendation: Adopt the 2014 Update to the Key Intended Outcomes in the City of Miami Beach Strategic Plan Financial Information: Source of Amount Funds: 1 n/a n/a Total Financial Impact Summ~ry: City Clerk's Office ~e~tive Tracking: Dr. Leslie Rosenfeld ~~~ ;r . . (/' S1 n-Offs . .Department Director MIAMI BEACH · y Manager 464 Account JLM AGENDA ITEM ----=~-'---7_8----:-:-,--- DATE 3-S-llf ~ MIAMI BEACH -=- City af Miami Beach, 1700 Convention Center Drive, Miami Beech, Florida 33139, www.micmibecchA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City eoj;sio: Jimmy L. Morales, City Manager ""'""· --FROM: DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AD PTING THE 2014 UPDATE TO THE KEY INTENDED OUTCOMES IN THE CITY OF MIAMI BEACH'S STRATEGIC PLAN; AND GUIDING THE DESIGN OF PROGRAMS AND SERVICES AS SET FORTH HEREIN. ADMINISTRATION RECOMMENDATION Adopt the 2014 Update to the Key Intended Outcomes in the City of Miami Beach Strategic Plan BACKGROUND At the January 31, 2014 Commission Retreat the City's Key Intended Outcomes in the Strategic Plan were updated to reflect the priority outcomes of the Mayor and Commission. Per resolution 2006-26341, the City shall create a strategic plan that identifies multi-year strategic priorities (Key Intended Outcomes) with corresponding result measures for each priority. The updated Strategic Plan includes the following Key Intended Outcomes prioritized at the 2014 Commission Retreat: • Insist On Police Department Accountability and Skilled ManagemenVLeadership • Streamline the Delivery of Services Through All Departments • Improve Building/Development-Related Processes From Single-Family Residences to the Large Development Projects • Strengthen Internal Controls to Achieve More Accountability • Enhance External and Internal Communication From and Within the City • Ensure a Universal Culture of High Quality Customer-Service driving the conduct of the City Commission and all City employees • Ensure Expenditure Trends are Sustainable Over the Long Term • Improve City's Managerial Leadership to Reward Innovation and Performance • Ensure Reliable Stormwater Management by Implementing Select Short and Long-term Solutions Including Sea-Level Rise • Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-Vehicular to Vehicular and Including Parking) • Update Comprehensive Assessment of All Infrastructure Needs (Potable, Wastewater, 465 Stormwater, and Roads} • Build and Maintain Priority Infrastructure With Full Accountability • Enhance Pedestrian Safety Universally • Complete a Community Consensus Cohesive Master Plan for the North Beach Neighborhood: Improve Cleanliness in High Traffic Residential and Pedestrian Areas, including Maximizing Deployment of Trash Cans on Every Corner • Improve Cleanliness, City Beaches • Complete a Master Plan for Ocean Drive • Elevate Walkability to First Criteria of All Development Decisions, Including Reconstruction and Planning • Select Suitable Areas for Provision of Workforce Housing for Key Industry Workers • Ensure Compliance With Code Within Reasonable Time Frames, Emphasizing the Code for Commercial Development • Expeditiously Upgrade the Convention Center to be Smart, Modern, Energy Efficient, and Which Fits Local Context, Including Walkability • Accommodate Complimentary Hotel(s) • Proceed With the Convention Center RFP and Referendum As Soon As Possible • Maximize the Miami Beach Brand as a World Class Destination • Induce Public School Accountability Mainly at Middle School • Investigate Establishing a Charter Middle School At the upcoming May Commission Retreat, current and proposed initiatives that support the strategic plan priorities will be reviewed, along with the Mission and Vision of the City. The budget process will focus on the Key Intended Outcomes and performance measures. CONCLUSION The Administration recommends the adoption of the 2014 update to the Key Intended Outcomes in the City of Miami Beach Strategic Plan. This adoption will better guide the City of Miami Beach's design of programs and services to provide excellent service to all who live, work and play in our (ibrant, tropical community. ~I l;. JLM/KGB/LD - F:\OBPJ\$0RG DEV & PERF IMP\Organizational Development\Organizational Development\Strategic Plan Results\FY2014\Strategic Plan Memo 02 19 14.docx 466 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE 2014 UPDATE TO THE KEY INTENDED OUTCOMES IN THE CITY OF MIAMI BEACH'S STRATEGIC PLAN; AND GUIDING THE DESIGN OF PROGRAMS AND SERVICES AS SET FORTH HEREIN. WHEREAS, at the January 31, 2014 Commission Retreat, the City's Key Intended Outcomes in the Strategic Plan were updated to reflect the priority outcomes of the Mayor and Commission; and, WHEREAS, per Resolution 2006-26341, the City shall create a strategic plan that identifies multi-year strategic priorities (Key Intended Outcomes) with corresponding result measures for each priority; and, WHEREAS, the updated results section of the Strategic Plan includes the following Key Intended Outcomes prioritized at the 2014 Commission Retreat: Insist On Police Department Accountability and Skilled ManagemenULeadership; Streamline the Delivery of Services Through All Departments; Improve Building/Development-Related Processes From Single- Family Residences to the Large Development Projects; Strengthen Internal Controls to Achieve More Accountability; Enhance External and Internal Communication From and Within the City; Ensure a Universal Culture of High Quality Customer-Service driving the conduct of the City Commission and all City employees; Ensure Expenditure Trends are Sustainable Over the Long Term; Improve City's Managerial Leadership to Reward Innovation and Performance; Ensure Reliable Stormwater Management by Implementing Select Short and Long-term Solutions Including Sea-Level Rise; Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-Vehicular to Vehicular and Including Parking); Update Comprehensive Assessment of All Infrastructure Needs (Potable, Wastewater, Stormwater, and Roads); Build and Maintain Priority Infrastructure With Full Accountability; Enhance Pedestrian Safety Universally; Complete a Community Consensus Cohesive Master Plan for the North Beach Neighborhood; Improve Cleanliness in High Traffic Residential and Pedestrian Areas, including Maximizing Deployment of Trash Cans on Every Corner; Improve Cleanliness, City Beaches; Complete a Master Plan for Ocean Drive; Elevate Walkability to First Criteria of All Development Decisions, Including Reconstruction and Planning; Select Suitable Areas for Provision of Workforce Housing for Key Industry Workers; Ensure Compliance With Code Within Reasonable Time Frames, Emphasizing the Code for Commercial Development; Expeditiously Upgrade the Convention Center to be Smart, Modern, Energy Efficient, and Which Fits Local Context, Including Walkability; Accommodate Complimentary Hotel(s); Proceed With the Convention Center RFP and Referendum As Soon As Possible; Maximize the Miami Beach Brand as a World Class Destination; Induce Public School Accountability Mainly at Middle School; Investigate Establishing a Charter Middle School; and, WHEREAS, at the upcoming May Commission Retreat, current and proposed initiatives that support the strategic plan priorities will be reviewed, along with the Mission and Vision for the City; and, 467 WHEREAS, the budget process will focus on the Key Intended Outcomes and performance measures. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt the 2014 Update to the Key Intended Outcomes in the City of Miami Beach Strategic Plan as set forth herein. PASSED AND ADOPTED this __ day of March, 2014. ATTEST: Rafael Granado, City Clerk \.. .. Philip Levine, Mayor 468 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 469 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Setting a Public Hearing to Adopt the Second Amendment to the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund Budgets For Fiscal Year (FY) 2013/14. Key Intended Outcome Supported: Improve the City's financial health and maintain overall bond rating. Ensure expenditure trends are sustainable over the long term. Supporting Data: N/A Item Summary/Recommendation: The budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year 2013/14 were approved on September 30, 2013 with the adoption of Resolutions No. 2013-28351 and No. 2013-28355. The budget for the Police Confiscation Trust Funds for Fiscal Year 2013/14 was approved on September 30, 2013 with the adoption of Resolution No. 2013-28359. The First Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets for FY 2013/14 was approved on January 15, 2014, by resolution 2014- 28469. Section 166.241 ( 4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. The Second Amendment will increase funding for various operating and capital expenses totaling $89,000 to be funded from the proceeds of State and Federal Confiscation Funds. Any other necessary amendments to the operating budgets in the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds will also be addressed as part of the Second Amendment. Financial Information· Source Amount of Fu~s ti[(.:ff - City Clerk's Office Legislative Tracking: John Woodruff, OBPI Director s· Off lgn-s: Department Director Assistant City Manager MIAMI BEACH 470 Account \ ' City~ ranager I ~ r-},.A-:~ ::> T = I ' AGENDA ITEM DATE Rl c... 3-5-1 q ~ MIAMI BEACH City of Miami Beach, 1 700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochA.gav COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO ADOPT THE SECOND AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2013/14 ADMINISTRATION RECOMMENDATION Adopt the Resolution and Set the Public Hearing for April 23, 2014. KEY INTENDED OUTCOME SUPPORTED Improve the City's financial health and maintain overall bond rating. Ensure expenditure trends are sustainable over the long term. ANALYSIS The budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year 2013/14 were approved on September 30, 2013 with the adoption of Resolutions No. 2013-28351 and No. 2013-28355. The budget for the Police Confiscation Trust Funds for Fiscal Year 2013/14 was approved on September 30, 2013 with the adoption of Resolution No. 2013-28359. The First Amendment to the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds budgets for FY 2013/14 was approved on January 15, 2014, by resolution 2014-28469. Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. The Second Amendment will increase funding for various operating and capital expenses totaling $89,000 to be funded from the proceeds of State and Federal Confiscation Funds. Any other necessary amendments to the operating budgets in the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds will also be addressed as part of the Second Amendment. The City of Miami Beach provides a wide range of municipal services including Police; Fire- Rescue; Parks and Recreation; Water, Sewer, Stormwater, and Sanitation; and Public Works. The City's annual operating budget allows us to address the needs of the community and includes: 471 Second Amendment to the FY 2013/14 General Fund, Enterprise, Internal Service, and Special Revenue Funds Budgets Page2 • The General Fund • General Obligation Debt Service Fund • Enterprise Funds • Transfers to the Redevelopment Agency • Internal Service Funds • Other Special Revenue Funds The General Fund is the primary operating fund for the City and includes much of the usual activities of any municipality including Police, Fire, Parks and Recreation, Public Works Streets and Engineering, Building, Tourism and Culture as well as general administrative functions, and the Office of the Mayor and Commission. Within the General Fund, Citywide Accounts reflect expenditures that do not fall under the purview of a particular Department such as accumulated leave payments, grants to social service agencies, non-profits, and special studies. They are monitored by the Office of Budget and Performance Improvement and the City. General Obligation Debt is the debt service funding required for voter-approved bonds issued with the belief that a municipality will be able to repay its debt obligation through taxation or revenue from projects. No assets are used as collateral. The Enterprise Fund Budget is comprised of Departments that use revenues received for services provided to the general public on a continuing basis and are primarily financed through user charges. The criteria used to determine if an operation should be an enterprise fund includes: 1) that it generates revenues; 2) that it provides services to the community; and 3) that it operates as a stand-alone entity, without subsides from taxes etc. The City's Enterprise Fund Departments are: Convention Center, Sanitation, Stormwater, Water, Sewer, and Parking. The City of Miami Beach Redevelopment Agency is a separate entity, whose Chairperson and Board of Directors are also the City's Mayor and City Commission. Internal Service Funds are used to account for the financing of goods and services provided by one department to other departments on a cost-reimbursement basis. Internal Service Fund rates are set to recover the full cost of providing a particular service. The Internal Service Funds budgeted expenditures are completely offset by revenues received from the General Fund, Enterprise Fund Departments and Special Revenue Funds. The City's Internal Service Fund Departments are Information Technology, Central Services, Risk Management, Property Management, and Fleet Management. Special Revenue Funds include the Resort Tax Fund as well as ih Street Garage Operations; 5th & Alton Garage Operations; Art in Public Places; Tourism and Hospitality Scholarship Program; Green/Sustainability Fund; Waste Hauler Additional Services and Public Benefit Contribution Fund; Education Compact Fund; Red Light Camera Fund; Emergency 911 Fund; Information and Communications Technology Fund; People's Transportation Plan Fund; Concurrency Mitigation Fund; Miami Beach Cultural Arts Council; Police Special Revenue Account; Police Confiscation Trust Funds (Federal and State); and Police Training and School Resources Fund. The Resort Tax Fund is supported primarily by taxes levied on hotel, motel, rooming house and short term apartment room rents as well as on food and beverages sold at retail in any restaurant, as authorized by State Statute, and is used to fund tourism-eligible expenditures. 472 Second Amendment to the FY 2013/14 General Fund, Enterprise, Internal Service, and Special Revenue Funds Budgets Page3 CONCLUSION The Administration recommends that the Mayor and City Commission set a public hearing to be held on April23, 2014 to adopt the Second Amendment to the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund Budgets for Fiscal Year (FY) 2013/14. JLM: JW 473 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SETTING A PUBLIC HEARING ON APRIL 23, 2014 TO ADOPT THE SECOND AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2013/14. WHEREAS, the budgets for the General Fund, Enterprise Funds, Internal Service Funds, and Special Revenue Funds for Fiscal Year 2013/14 were approved on September 30, 2013, with the adoption of Resolution Nos. 2013-28351 and 2013-28355; and WHEREAS, the budget for the Police Confiscation Trust Fund for Fiscal Year 2013/14 was approved on September 30, 2013, with the adoption of Resolution No. 2013-28359; and WHEREAS, the First Amendment to the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2013/14 was approved on January 15, 2014, with the adoption of Resolution No. 2014-28469; and WHEREAS, the Administration requests that the Mayor and City Commission set a public hearing to be held on April 23, 2014 to adopt the Second Amendment to the Fiscal Year (FY) 2013/14 budgets for the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund budgets; and WHEREAS, the City of Miami Beach provides a wide range of municipal services including Police; Fire-Rescue; Parks and Recreation; Water, Sewer, Stormwater, and Sanitation; and Public Works; and WHEREAS, the City's annual operating budget allows the needs of the community to be addressed and includes: the General Fund; General Obligation Debt Service Fund; Enterprise Funds; Transfers to the Redevelopment Agency; and Other Special Revenue Funds; and WHEREAS, the General Fund is the primary operating fund for the City and includes much of the usual activities of any municipality including Police, Fire, Parks and Recreation, Public Works-Streets and Engineering, Building, Tourism and Culture as well as general administrative functions, and the Office of the Mayor and Commission; and WHEREAS, within the General Fund, Citywide Accounts reflect expenditures that do not fall under the purview of a particular Department such as accumulated leave payments, grants to social service agencies and non-profits, and special studies; and WHEREAS, General Obligation Debt is the debt service funding required for voter-approved bonds issued based upon the belief that a municipality will be able to repay its debt obligation through taxation or revenue from projects, and no assets are used as collateral; and 474 WHEREAS, the Enterprise Funds Budget is comprised of Departments that use revenues received for services provided to the general public on a continuing basis and are primarily financed through user charges, and the criteria used to determine if an operation should be an Enterprise Fund includes: 1) that it generates revenues; 2) that it provides services to the community; and 3) that it operates as a stand-alone entity, without subsides from taxes, or other sources; and WHEREAS, the City's Enterprise Fund Departments are: Convention Center, Sanitation, Stormwater, Water, Sewer, and Parking; and WHEREAS, the City of Miami Beach Redevelopment Agency is a separate entity, whose Chairperson and Board of Directors are also the City's Mayor and City Commission; and WHEREAS, Special Revenue Funds include the Resort Tax Fund as well as ih Street Garage Operations; 5th & Alton Garage Operations; Art in Public Places; Tourism and Hospitality Scholarship Program; Information and Communications Technology Fund; Education Compact Fund; Green/Sustainability Fund; Red Light Camera Fund, Emergency 911 Fund; Miami Beach Cultural Arts Council; People's Transportation Plan Fund; Police Confiscation Trust Funds {Federal and State); Waste Hauler Additional Services and Public Benefit Contribution Fund; Concurrency Mitigation Fund; Police Special Revenue Account; and Police Training and School Resources Fund; and WHEREAS, the Resort Tax Fund is supported primarily by taxes levied on hotel, motel, rooming house and short term apartment room rents, as well as on food and beverages sold at retail in any restaurant, as authorized by State Statute, and is used to fund tourism-eligible expenditures; and WHEREAS, Internal Service Funds are used to account for the financing of goods and services provided by one department to other departments on a cost- reimbursement basis and Internal Service Fund rates are set to recover the full cost of providing a particular service, and the Internal Service Funds budgeted expenditures are completely offset by revenues received from the General Fund, Enterprise Fund Departments, and Special Revenue Funds; and WHEREAS, the City's Internal Service Fund Departments are Information Technology, Central Services, Risk Management, Property Management, and Fleet Management; and WHEREAS, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, set a public hearing to adopt the Second Amendment to the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund Budgets for Fiscal Year (FY) 2013/14; and WHEREAS, the key intended outcome supported by the Second Amendment to the Budgets for Fiscal Year (FY) 2013/14 for the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund is to improve the City's financial health and maintain the City's overall bond rating. 475 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 April 23, 2014, to adopt the Second Amendment to the General Fund, Enterprise Fund, Internal Service Fund, and Special Revenue Fund Budgets for Fiscal Year (FY) 2013/14. PASSED and ADOPTED this 5th day of March, 2014. ATTEST: RAPHAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTiON (--1. \~ ._/j' Cfty J 476 THIS PAGE INTENTIONALLY LEFT BLANK 477 COMMISSION ITEM SUMMARY Condensed Title· A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And The City Clerk To Execute Guaranteed Maximum Price (GMP) Amendment No. 1 To The Pre- Construction Services Agreement With Thornton Construction Company Inc., Dated May 8, 2013, For the Guaranteed Maximum Price (GMP) For The Scott Rakow Youth Center-Ice Rink Project renovation, In The Amount Of $1, 175,220; And A Five Percent Owner's Contingency In The Amount Of $58,761 For A Grand Total GMP Amount Of $1,233,981. Key Intended Outcome Supported: Ensure well-maintained facilities Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellenr or "Qood." Issue: I Shall the City Commission approve the resolution? Item Summary/Recommendation: The Scott Rakow Youth Center Ice Skating Rink was completed in January 2004. Since then, the facility has experienced problems with its mechanical cooling system. The existing design has always presented challenges in maintaining an adequate balance of ambient temperature within the interior space of the skating rink. In recent years, the existing mechanical units have been deteriorating and repair services have become a recurrent problem. In the meantime, the Public Works Department (PWD) continues to maintain the operation of the current mechanical system until such time that a new system is installed and placed in operation. Request for Qualifications (RFQ) No. 022-2013TC was issued on December 14, 2012, with an opening date of January 16, 2013. On February 12, 2013, the Interim City Manager via Letter to Commission {LTC) No. 047-2013, appointed an Evaluation Committee (the "Committee"). On February 26, 2013, the Committee convened to review and discuss each responsive proposal. The selection committee unanimously ranked Thornton Construction as the top ranked firm. Pursuant to the City manager's recommendation, on May 8, 2013, the Mayor and the City Commission approved Resolution No.2013-28199 authorizing the Mayor and the City Clerk to execute a Pre-Construction Services Agreement with Thornton Construction, and per the requirements of the contract, the Construction Manager at Risk (CMR) shall coordinate with the ArchitecUEngineer (A/E) team and the City, the issuance of bid documents to a pre- approved list of subcontractors to obtain the pricing in order to develop the GMP. On February 7, 2014, Thornton Construction held their subcontractor bid opening at their offices located at 4300 Biscayne Blvd, Suite 207 in Miami in the presence of representatives of the City's CIP office, and AlE of Record, Bermello Ajamil and Partners Inc., and the bids were evaluated and thoroughly reviewed to insure that they encompassed the full scope of work. Following a number of discussions, evaluation of value engineering options, analysis of constructability recommendations, and negotiations, Thornton Construction submitted the final negotiated GMP in the amount of $1,175,220 (Exhibit A) and The GMP Amendment No.1 (Exhibit B) reflects the negotiated amount of $1,175,220, and a five percent owner's contingency in the amount of $58,761 for a project grand total of $1,233,981. In order to obtain further assurance that the best value for this project had been negotiated, the City contracted CMS Estimating Services {CMS), a consultant retained under the City's Constructability, Cost & Value Engineering Review Services contract, to perform an independent construction cost estimate; and the estimated construction cost as submitted by CMS is$ 1,213,722 (Exhibit C). The administration is of the opinion that based on the scope of work identified in the documents the final negotiated GMP is a competitive, fair and reasonable price for the construction of the Scott Rakow Youth Center-Ice skating Rink Mechanical Repairs. Construction duration of this project has been negotiated at 120 calendar days to substantial completion (approximately 4 months) and 30 days for punch list completion with an anticipated commencement in May 2014 (pending permit approvals). Advisory Board Recommendation: I NfA Financial Information· Source of .J!/? Amount Funds: 1 $1,020,132 ld....) 2 $213,849 OBPI '-... Total $1,233,981 Financial Impact Summary: N/A MIAMI BEACH 302-2054-069357 383-2054-069357 478 Account AGENDA ITEM --=-..:....:...~ DATE_....;.._....;.._:.........._ -------------- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO. 1 TO THE PRE-CONSTRUCTION SERVICES AGREEMENT WITH THORNTON CONSTRUCTION COMPANY, INC., DATED SEPTEMBER 16, 2013, FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE SCOTT RAKOW YOUTH CENTER ICE SKATING RINK, MECHANICAL REPAIRS, AND BUILDING RENOVATIONS PROJECT, IN THE AMOUNT OF $1,175,220 PLUS A FIVE PERCENT OWNER'S CONTINGENCY IN THE AMOUNT OF $58,761; FOR A GRAND TOTAL AMOUNT OF $1,233,981 WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $213,849 FROM FUND 383 GO BONDS-PARKS AND BEACHES; AND $1,020,132 FROM FUND 302 PAY-AS- YOU-GO. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure well-maintained facilities. ANALYSIS The Mayor and City Commission at its May 8, 2013, Commission meeting authorized the Administration to issue an RFQ for a Construction Manager at Risk (CMR) firm to provide pre- construction services and construction phase services via a Guaranteed Maximum Price GMP amendment for the mechanical cooling system replacement and building renovations for Scott Rakow Youth Center -Ice Skating Rink project which has been experiencing problems as identified by the facility operator. Request for Qualifications (RFQ) No. 22-2013TC was issued on December 14, 2012. Thornton Construction submitted their proposal and were interviewed along with one (1) other CMR Firm. On February 26, 2013 the selection committee unanimously ranked Thornton Construction as the top ranked firm. 479 Commission Memorandum -Thornton Construction GMP for the Scott Rakow Youth Center Ice Rink Mechanical Repairs March 5, 2014 Page 2 Pursuant to the City manager's recommendation, on May 8, 2013, the Mayor and the City Commission approved Resolution No.2013-28199 authorizing the Mayor and the City Clerk to execute a Pre-Construction Services Agreement with Thornton Construction. These Services included review of the project requirements, existing on site conditions, preliminary budget evaluation, project scheduling and phasing, value engineering, and constructability recommendations to the design consultants. Per the requirements of the contract, the CMR, coordinates with the Architect/Engineer team and the City, the issuance of bid documents to a pre-approved list of subcontractors to obtain the pricing in order to develop the GMP. On February 7, 2014, Thornton Construction held their subcontractor bid opening at their offices located at 4300 Biscayne Blvd, Suite 207 in Miami in the presence of representatives of the City's CIP office, and AlE of Record, Bermello Ajamil and Partners Inc. The bids were evaluated and thoroughly reviewed to insure that they encompassed the full scope of work. The GMP was formulated based on the lowest responsive bid for each element. The GMP was then negotiated with the CMR to obtain the best possible price based on the specified project scope. Following a number of discussions, evaluation of value engineering options, analysis of constructability recommendations, and negotiations, Thornton Construction submitted the final negotiated GMP proposal in the amount of $ 1,175,220 (Exhibit A). The GMP Amendment No.1 (Exhibit B) reflects the negotiated amount of $ 1, 175,220, and a five percent owner's contingency in the amount of $58,761 for a grand total of$ 1 ,233,981. In order to obtain further assurance that the best value for this project had been negotiated, the City contracted CMS Estimating Services (CMS), a consultant retained under the City's Constructability, Cost & Value Engineering Review Services contract, to perform an independent construction cost estimate. The estimated construction cost as submitted by CMS is $ 1 ,213, 722 (Exhibit C). The administration is of the op1mon that based on the scope of work identified in the documents the final negotiated GMP is a competitive, fair and reasonable price. The construction duration of this project has been negotiated at 120 calendar days to substantial completion (approximately 4 months) and 30 days for punch list completion. It is anticipated that this work will commence in May 2014 (pending permit approvals). The anticipated Project Schedule for the construction of the mechanical cooling system replacement and building renovations for Scott Rakow Youth Center-Ice Skating Rink project is as follows: Commission GMP Award: Notice to Proceed Number One: Notice to Proceed Number Two: Project Completion: 480 March 2014 April2014 May 2014 September 2014 Commission Memorandum-Thornton Construction GMP for the Scott Rakow Youth Center Ice Rink Mechanical Repairs March 5, 2014 Page 3 CONCLUSION The Administration recommends the approval of the attached resolution authorizing the Mayor and the City Clerk to execute Guaranteed Maximum Price (GMP) Amendment No. 1 to the Pre- Construction Services Agreement with Thornton Construction Company Inc., dated May 8, 2013, for Construction Management at Risk Services for the Scott Rakow Youth Center -Ice Skating Rink project, in the amount of $ 1,175,220 and a five percent owner's contingency in the amount of $58,761; for a grand total amount of $1 ,233,981 from previously appropriated funding. Attachments: Exhibit A -Thornton Construction,-Construction Management at Risk GMP Proposal Exhibit B -Thornton Construction Company Inc, Amendment # 1 Exhibit C -CMS-Third Party Estimate of Construction Costs JLM/~M/HC T:\AGENDA\2014\March5\Scott Rakow-Ice Rink mechanical repairs\GMP amendment 1 approvai-Memo.doc 481 Exhibit A in MIAMI BEACH GMP Owner: City of Miami Beach Project: Scott Rakow Youth Center Ice Rink Mechanical Repairs Project No. 019716 Location: 2700 Sheridan Avenue, Miami Beach FL Architect: Bermello Ajamil & Partners, Inc Submitted By: Thornton Construction Company, Inc. 4300 Biscayne Boulevard Suite 207 Miami, FL 33137 (305) 649-1995 February 24, 2014 ~'THORNTON 482 m tv\IAMI BEACH GMP Owner: City of Miami Beach Project: Scott Rakow Youth Center Ice Rink Mechanical Repairs Project No. 019716 Location: 2700 Sheridan Avenue, Miami Beach FL Architect: Bermello Ajamil & Partners, Inc Submitted By: Thornton Construction Company, Inc. 4300 Biscayne Boulevard Suite 207 Miami, FL 33137 {305} 649-1995 February 24, 2014 -~'THORNTON 483 -~'THORNTON February 24, 2014 Roberto Rodriguez Capital Improvement Projects Office City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33136 RE: City of Miami Beach Scott Rakow Youth Center Ice Rink Mechanical Repairs Guaranteed Maximum Price Mr. Rodriguez, Thornton Construction is pleased to present you with the enclosed Guaranteed Maximum Price for the City of Miami Beach Scott Rakow Youth Center. We have completed our review and qualification of each proposal received. Our recommendation for each trade has been made based on the lowest responsive bid in accordance with the contract documents prepared by Bermello Ajamil & Partners, Inc. The guaranteed maximum price for the construction of this project is $1,175,220. If you have any questions please do not hesitate to contact us. Very truly yours, Thornton Construction Company Cc: file ~ ·, I ,..-, ' I ' :}', .• ,,i c,,·: .: '\ " 1 _,/ _ , , r·_-:; >, ,-~ ' • rj .,,.!-> 484 ~ 00 CJ1 • , THORNTON Projecl Name: Owner: Date: ITEM No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 _ _1_7 ____ -Sc:ott Rakow Youtll c.nter ac. Rlftk MeciYnlc:al Repairs City of Miami Belldl, FL Febru.y 2'5, 2014 Final GUP SCHEDULE OF VALUES TRADE PACKACE BH•Bid Bid AIQrftlll No.I GENERAl CONDITIONS $ 94.133 ind'o w done w1 -• Dla GENEFW. REOUIROIENTS s 16,811 it1cfll I done wl bale bid TEMPOIV.RY PROTECTION OF Ia: s ~3.112 nlo BLEACtER RELOCATIONS s 1,808 "'" SEl.ECTIVf DfMOUT ION s 25,548 "'' METALS s 24,1100 "'' ROOFING REPAIRS s 'M91 "'" INSULATED LETAL WALL PIWELS s 46.392 $ 97,23l LOW EMISSIVITY CEl.ING SYSTEMS s 32,150 "'• GlASS & GLAZING s 630 "'" lXlOR OPENING REPAIRS l NEW CLOSER s 4,421 rio OR'r'WAU.l PI.ASTERING s 44,250 $ 14,000 PAINTING s a7.7S6 s (0,$90) FlOOR & BASE REPAIR s 2,213 nl• ICE RINK DASHER F'A~l REMOVAL & REINSTAllATION s 11,62!0 "'" HVAC $ i!OII,l'SO ria ELECTRICAL $ ~.501 s U50 SUBTOTAL $ 141,461 lot,7t2 CONTINGENCY· NIA (IIW<Iel' cwriolo """) 0.0% PAYMENT & PERFORIAANCE BONOO 1.5% $ 14,242 S 1,647 GENERALLIABIUTYINSURANCe 1.3% S 11,868 $ 1.372 G.C. FEE 0 9_0% S 78,046 S 1,783 PROPOSED SUBCONTRACTOR Tl'l<>rniCn Con&NUCIIM Cl>m~r. k>C Thomtcn ConatruciiOn Ccmpany. 1ne lhomtcn ConstNellon ComNny, Inc Thomll>l\ C01111tuelioll Company, InC Thomll>l\ C01111fUCiioll Campany, lno llnmsteel Corp Wellllle<Mch Rvollng CAS)IOt..,.,lliCIStoo Enefgla lnn<MIDDOICuol<Nrll<~ ~wGI.ou lhoml<lll Ccnolruclicn Ccmp.~~ny, Inc Thom1<111 CcnoiNelicn Comp.~~ny, Inc ~Ptinting ~ Constructicl> eem_,., 1nc Cucodaa Spao1ll SY$-KarLatT-DMign Eledtleal 1 a-... ~~~u~mumP.-Is 1.0su2sls 121,sesr-------------------1 Al. T 11 Fumlsh and inslalnaw 3" IIUc:k lniiUialed Melal Panels ~ eJddng plaster finish 111 wals .....,.,. lndicaled on A101 and plan HC!iondelails TOTAL GUARANTEED MAXIMUM PRICE INCLUDING BID ALTERNATE N0.1 $ lncl'd Above 1.175,220 Project: SCOTT RAKOW -ICE RINK MECHANICAL REPAIRS l.ocallon: 2700 SHERIDAN AYE Architect llennwllo Aj.,..il & PannatS, Inc. O...ner: City ollotiaml B•cn GENERAL CONDITIONS GENeRAL coNbifiON§ UMTRATE ITEM OI!~TlON Cl1"Y UNT ALL~ IL.allor -Incl. PRdJEet iZUWJIMENT ,.,, p .... ..._ 20 -1:1% i 2.3llii.OO P>ajoct~ 18 -511'10 i 1.01111.00 P>ajocl~ 18 -i!Xr.i l 2.3llii.OO ..,.,..~ 20 -5% ' 2.500.00 CONSTRUCliON ICH!D\JUHG P-O !'til-12 -II% 2.0110.00 ~ORT"TION EXPENSES PAijoCI-Tr-.....,., 200.00 Par11ing .,..., ~.00 PIIC!J.&CT EQUIPMENT AND $\JPI'I.IEII C......., & Prlnlon ISm 300.00 ~Niupor>dl.l-.nce 11m 301.00 ~~ -12$.00 PGIIIge. <=-* ondl'od !:< -153-00 ~,.._ -24$.00 ISUITOtAL - Project SCOn RAKOW ·ICE RINK MECHANIC lot. REPAIRS Locollon: 2700 SHERIDAN AVE AtdlltKt llenn4111o AjomU & Partneno,lnc. O...ner: City of Miami B•ch EXTENDED COIIT 3<.SlO.OO MOO 011 .,,«0.00 Z.SlO.OO 1.4-lO.OO 800.00 1.800.00 30o:oo 301.00 500.00 i12.00 980.00 §fi.13idi GENERAL REQUIREMENTS ITEM OIISCRPTION WETY i IECUJ&TY p----~ Fntl'uCIKII s.~o~yu._ ll~<:t>od< MISCEI..I.AIEOUS fXPfNSii$ "-'""'"• ~ ITEIII!ESCRIPTION SHi .c:CEU & irOAAGE FnEnnguilh .. ~-· Canoiruelion Caruonot Storogo T.....,...yP- IISCELUNEOOS EXPENSES -~ ~ Flnall'nljootCio..,._., s-T- TIJII'JKIUI'YTO!Iateu T«rrf~DfayWater T~Eiectrk: diWi5 fdflL PROJECt QTY 10 486 !!0.00 s u.oo s !!CCI.OO S 7:1.00 i 1511.00 1:1'11.00 OOelllED COST 200.110 8!.110 Z.tlOO.IIO 7~.110 100.1111 600.00 Ul!.DI NOTES fKlTE! NOTES ~ 00 ......... ITEM NO. 1 2 3 4 5 6 7 8 scon RAKOW YOUTH CENTER ICE RINK MECHANICAL REPAIRS TEMPORARY PARTITION-ESTIMATE BREAKDOWN MATERIAL TOTAL LABOR UNIT DESCRIPTION QTY UNIT COST MATERIAL COST 314" exterior orade oiYwood 21 BOS $ 35.28 $ 740.84 nla 2x4x6 wood studs@ 16" OC w/5% waste 527 LF $ 0.50 $ 265.51 nla 2x4x6 wood studs kicker suppon@ 16" OC w/5% waste 395 Lf $ 0.50 $ 199.14 n/a Fasteners -250 ct #8 x 3" wood screws 2 BX $ 40.98 $ 81.96 nla 501bs sand bags @ kicker support llil 4'0C 21 ea $ 3.85 $ 80.89 n/a Labor to construct new oartilion - 2 caroenters 16 hrs nla n/a $ 72 Labor to dismantle & remove oartlllon - 3 labors 10 hrs n/a n/a $ 48 TOTAL $ 1368 ... ·------L.....-···--·----L...-TOTAL TOTAL COST LABOR nfa nfa nfa nfa n/a n/a n/a n/a n/a n/a $ 1152 n/a $ 480 nla $ 1,632 $ 3000 -- ~ 00 00 -~'THORNTON Scott Rakow Youth Center Ice Rink Mechanical Repairs Subcontractor Bid Scope Leveling Sheet ----------------Temporary Protection of Ice Documents Received, reviewed, and has submitted Thornton Construction acknowledgement form confirming receipt of Instruction to bidders, drawings, specifications and Addendum No.1 Scope Furnish & install plywood sheathing, with taped joints for ice floor protection during performance of all ceiling work Remove floor protection at end of construction Coordinate floor protection _placement with Dasher Panel work Thornton Construction Company will self ~!form this scope Thornton Construction BID $ 23,112 y y y y GRAND TOTAL $ 23112 ~ 00 <0 ITEM NO. , 2 3 4 5 SCOTI RAKOW YOUTH CENTER ICE RINK MECHANICAl REPAIRS TEMPORARY PROTECTION OF ICE-ESTIMATE BREAKDOWN MATERIAl TOTAL DESCRIPTION OTY UNIT COST MATERIAL 314" exterior arede PlYwood wf 10% waste for curve cuts ~8.95 BDS $ 35.28 $ 9,487.99 duct tape joints between boards@ total If • 3,034'/165' each rol = 18.39 rolls (use 19 rolls) 19 Rolls $ 5.00 $ 95.00 Labor for plaoement of materials & removal after construcllon-2 carpenters @ 0 .55/hr per sheet. which is 8,606 salt I 32 saft x 0.55hrs 147.92 hrs nla nla Ournosters 6 ea $ 384.45 $ 2.306.70 Oeliverv,offloading, material movement-pallet lack rentals @ Qty-2 1 wk $ 497.55 5 497.55 Equipment delivery & removal 1 ea 5 75.00 $ 75.00 TOTAl $ 12,462 ---LABOR UNIT TOTAL TOTAL COST COST LABOR nla n/a nla nla nla nla $ 72 $ 10 650 nla nla nla nla nla n/a nla n/e n/a nla $ 10650 $ 23,112 ~ (Q 0 .-... ~'THORNTON Scott Rakow Youth Center Ice Rink Mechanical Repairs Subcontractor Bid Scope Leveling Sheet Subcontractor Name: BLEACHER GRANDSTAND RELOCATIONS BID Documents Received, reviewed, and has submitted Thornton Construction acknowledgement form confirming receipt of Instruction to bidders drawinas specifications, and Addendum No.1 Scope Include all labor to remove existing grandstand bleachers to perform paint and wall panel related scones GRAND TOTAL Thornton Construction Company will self perform this scope Thornton Construction $ 1,908 y y $ 1 908 ~ (Q ~ ITEM NO. 1 2 3 SCOTT RAKOW YOUTH CENTER ICE RINK MECHANICAL REPAIRS BLEACHER RELOCATIONS-ESTIMATE BREAI<OOWN MATERIAL TOTAL DESCRIPTION QTY UNIT COST MATERIAL Labor for movement of eldstlng grundslllnd bleachers for construction work related activities -painting. and wal panel installations - 4 labors @ 16hrs 16 hrs nla nla Material movement-pallet jack rentals @ Qty-2 1 wk s 500.00 $ 500.00 TOTAL s 500 LABOR UNIT TOTAL TOTAL COST COST LABOR $ 68 $ 1,408 nla nla nla nla $ 1,408 $ 1908 ~ (Q f\) -''THORNTON Scott Rakow Youth Center Ice Rink Mechanical Repairs Subcontractor Bid Scope Leveling Sheet ~ Subcontractor Nama: Demolition BID Documents Received, reviewed, and has submitted Thornton Construction acknowledgement form confirming receipt of Instruction to bidders drawims soecillcations and Addendem No.1 Scooe Removal of plaster metal lath stud framing oartilions & insulation board at wall area indicated on demolilion olans Removal of gypsum board ceilings for mechanical work where indicated. Assume an area of 4' K 8' at existing hard ceilings where note indicate cellino removal on demolition reflected celllna olan Removal of existinQ ceilinQs shown on demolition reflected ceilino olan Removal of duct work and related materials placed on ground bv mechanical contractor Removal of AHU condensors, and related eauiomenl after disconnection bv MEP trade Dumpsters for demolition scope Include anv and all scaffoldinq & e<Juioment for elevated work GRAND TOTAL Thomton Construction Comoanv will self oerform this scooe Thornton Construction $ 25,546 v v v v y y y y $ 25648 ~ (Q w ITEM NO. 1 2 3 4 5 6 7 8 9 10 SCOTT RAKOW YOUTH CENTER ICE RINK MECHANICAL REPAIRS DEMOLITION· ESTIMATE BREAKDOWN MATERIAL TOTAL DESCRIPTION QTY UNIT COST MATERIAL Removal of plaster. metallalh. stud framing partitions & insulation board at wall area indicated on demolition Pl&ns 105.6 lvs nla nla Removal of gypsum board ceimgs lor mechanical work where indicated. Assume an area of 4' x 6' at existing hard ceilings where note indicate ceiling removal on demolition rafleded celing plan 16 In nla nla Removal of existing ceilings $hown on demolltlon reflected ceilng plan 16 hrs n/a nla Removal of duct work and related materials placed on ground by mechanical oonllactor 16 hrs nl• n/a RllfllCMII of 1\HU, oondensoB, and related equipment after discomection bY MEP trade 12 hrs nla nla I Dumpsters for demolition scope (10)@ $500/ea 10 ea $ 500.00 $ 5,000.00 Equipment 6ft • 25' eleclrlc $dssors at 4wk rental 4 wks $ 500.00 $ 2,000.00 Equipment delivery & removal 2 ea $ 265.00 $ 530.00 Crane rental • 16hrs @ $120/hr 16 hrs $ 120.00 $ 1,920.00 Demollion cr--(1 foreman@ $24/hr + 3 labors@ $16/hr). 1.35 boo:!en .. $97 .201craw hr ··--TOT~ ·--L-.. -·-·--·--··-$ 9,450 LABOR UNIT TOTAL TOTAL COST COST LABOR s 97.20 $ 10,264 $ 97.20 $ 1.555 $ 97.20 s 1.555 $ 97.20 s 1.555 s 97.20 s 1,166 !\Ia nla nla nla nla nla nla $ 1_6,0~ '---~5 .... ~6- ~ (Q ~ .,THORNTON Scort Rakow Youth Center Icc Rink Mechanical Repairs Slii:J~ontractol 8id Scope Le'w"eUna Sheet ~uDContrac:&or Name: UETAL.S BID Do<:urNntl Rec"'-· r•-· ano ""' :klbmllt8d Thcmllln ConsiNCtion ~~~~loom conlinning raeelpt of 1ns1ruct1cn to -rs drawinlls. · . and .-.-mum No.I Sccoe Remavol of e.islina calwolk svslom as Daft of IICOt>e New <lllfvanozed metal catwalk .. ...., wilh 1·112" diameter "'moYIIble auanloalllnc SYStem lntluae wec!Q41 anctoots and aliiOdaled fa1101101S far inllalfallon o{-llems Prollido shoo drawirKI~ -.i01wd S. oealed bY local Ffoli6o Stn.r::IUial !no-whem ...-ified fo< !IC<IOI! ..... led Mems Subcontractor"' resoonsible far deanuo of Immediate WOI"< area uoon camolfttlrln olwOtk Subcontractor to DfllvicM own ""'"am&nt lor haistina mate-end ina!llllehon at war!< at elewled """'9 fO(....,. """"" Subcontract<:of mu&t llav8 flagmen IIIlO MOT operatians lot all deli.ery ol rnalellaiS. Including tranapMaticn and Mmcval ol crane and other llealri it®illlller"ll Ql1 ,;., Oit lite Sutx:cntract<:of mu&t ha,.. cerliftod welden fO( alllllllldiro:l aotiuitiots GRNtDTOTAL Thornton Canstruc:tlon COIIIDIIrN roocommonds lo a\Qid lllit; conttad to lhelowest lnd reSDaniMI bidder: Btunal .. l llnanstNI $ 24,1011 $ u . v v v u v v s 24100 s G.., ..... w.acung f'ort·"·Wolo -lnOu•Uies. Inc Sl<)'lfno s-• 21,1111 $ 33,280 $ 23,630 $ 33,920 ¥ v y oendina ¥ n n oendina ¥ y • • y y • v y • • Mndlna v v v candlno v v v Delldlna v v v oencllna v v v oendlna 28 !1111 $ :n.no $ 23630 s 33820 ~ (Q CJ1 I I -''THORNTON Scott Rakow Youth Center Ice Rink Mechanical Repairs Subcontractor Bid Scope l evelmg Sheet .,. .. ..,._..,.,,, .... v,_ ....... _. ROOFING BID Doeu~nl$ Received. reviewed, and tlas submitted Thomlon Con$1ruCtion ackno\>Aedgement form conf'm\lng receipt ot Instruction to bidc:lers dra\Mnas. soecificalions. and Addenden No.1 S~ope Include as oart of 9COOe removal of existino curbs at AIC units scheduled to be reolaced New flashino for new eouinment curbs refer to Dian details-at 25x4 roof curb Perform new roofing repairs to curbs as required to maintain manufacturer's warrantv New 22CA galvanized sheet metal curb cover. painted l'oilh roof compound per details-pitch pan detail as shown on A102!41 New roof patch and Dashing for existing root penetratiOns schedUled to be capped or abandoned. Refer to plan details for patch reQuirements Remove exlsUno roof membrane material to allow for new root materiaiiiH-In and fla•h and aatch after inot,.llation. GRAND TOTAL ThOrnton Construction Company recommends to awan:llhis contract to the lowe5t and respansive bi<J(Ief: Weather· Tech J Roofln!l & Waterproofing n••m .. •o•c;n Roofing & A·10uran Roofing Prudentl5 Roofing T~lple M Roofing Waterproofing no bid s 19,000 no bid s 9,891 y y n v v y v y v v y ... y v nobld s 19 000 no bid $ 9 891: ~ (Q 0) -''THORNTON Scott Rakow Youth Center lee Rink Mechanical Repairs Subcontractor Bid Scope Levellng Sheet ..,;1\.U,..,._ooo-..,..,,,.,..,.,,, •. INSULATED METAL WALL PANELS BID Documents Recerved, reviewed. ~;~nd has SUbmitled ThOrnton Construction adu~nllorm coolirming receipC of lnWuclion to bidders. drawinqs specifiCations and Addenden No.1 Scooe Basis of Deslan: Kinosoan Insulated oanals. Olltlmo Series 3" thick x 24" wklth ~--~~" Acceotable manufacturers: CENT RIA AroMectural Svstems Mett.SMn LlC New 3" lhick 1niUiated metal panels instaHad over metal studs & ht.hllt channels on South wall of lea rink per plan ~mit shown. Pai'IEII insrallation to beain at above finish floor elevation Shown to underside of structure deck oar clan detaHs Panel work to include the ~aht o.auae framino as shown on IYDical detaii6/A200 for a com clute tum-kev SCODII Include 718" hi-hat chMnels to be installed per olan details Include all required fastening clips, aluminum angles & base 8><lrusions. al'ld galvanired metal bottom trim lor panel rnstallation Subcontrac1or must field venfv existino wall ffiQunted iletm1 and new oenetralions lot Dllnel cut-<1uts. Refer lo specification seclion 074213 for required manufacturer wall'anty periOds, 2yrs from date of Substantial Com(11etion, & 20yrs Finish Warranty period from date of Substantial ecmotation Bond Subtotal BID ALTERNATE I Alternate No.1:-Furnish an!llns1811 new 3" thick insulaled metal panels CMJr a~i&ling plaster finish, at walls where I indicated on A 101 and clan section details 5tco has numerous miSSIM scooe of ..ar1< items excllJde(l from their bid GRAHDTOTAL Thornton Construction Cornjlen'f recommends to award this contract to the lowest end responsive bldd4tr. CA Systems, Inc s s s I s Florida Sl••l Bulldlnv Carro• M•tal Stco Systems CA Systems, Inc Concepts 35,000 no bid s 45,000 no bid " v usln" Centrla usina Kinosoan uskro Centria usina Kinoso~~n y y n-bvothers n-bv others n-hvntlw>rs y v y to be dona onslle lo be done ensile y y I 700 $ 1.392 I I 35700 s 46 392 I 71400 s 117 232 107100 no bid s 143 624 no bid ~ (Q ....... -~,THORNTON Scott Rakow Youth Center Ice Rink Mechanical Repairs Subconlractor Bid Scope leveling Shllet ~'loi"'""'W'.floiG"""U""ill .......... LOW EMISSIVITY CEILING BID Documents Received, reviewed, and has submitted Thornton construction acknol/llledgement fofm confirming receipt of Instruction to bidders draYiinos soeclficallons and Addendum No.1 §.C::~fMl Basis of Desian: Astro-Rink Acceptable Manufacturers: EneShield & I R-HO Foii/Fiberalass Polvester Blend Fabric Faclna ICA Construction LLC New Low-E reftective ceiling fabric to be installed between steelloists oer Dian details Maintenance consistent fabric level durina Installation of material Steel U-bar studs to be attached to existing steel deck Ylith zinc plated self-drilling screws noted In specs. Reflected ceiling plan note regarding the 1-1/4" metal studs is synonymous with 072101 2.3 Materials Item B, Steel U·bars noted as part of scope Include _provisions in bid to accommodate ceillna Items such as ductwork liahts, conduits etc that attaches to the deck LowE ceiling insulating membrane should composed of 2 layers of bl.bble ftlm !Mih reinforced metallzed aluminum films on both sides (MPET I Bubble I Bubble I MPET). The material to be reinforced to prevent damages caused by pucks and other flying objeCts Include Ylilh bid an installation reference list with a minimum of 10 previous Low E ceiling system Installation of similar size project and scooe. bv this subcontractor Include own equipment ladders scissor Hfts boom lifts etc to oerform scooe of work Submittals i shoo drawinas I samoles If materials are shipped to jobsile, subcontractor !Mil coordinale wilh GC and must have personnel onsite to inspect, accept deliveries. and transPOrt material to onsite sloraae area or secured area within buUdina. Sales Tax on material GRAND TOTAL Thornlon Construction Company recommends to award this oontract to the lowest and responsive bidder: (TBD) pending flnaloroduct selection Energle Innovation, Custom Ice USA, Inc Inc R&R Speclaltln s 32,850 $ 2i,970 $ 37,500 y v oendlna n v oendina usina Eneshleld y oendl_ng_ v y oendill!l v v oendlng n-usiog cable suspended svstem v oendlna v v oendlno uslno Eneshield v oendlna y y oendlno y y pendino y v oendlna y to coordinate to coordinate .Y $ 1 392 v s 32850 s 31 362 s 37500 ~ (Q 00 Subcontractor Name: Documents -~'THORNTON Scott Rakow Youth Center Ice Rink Mechanical Repairs Subcontractor Bid Scope Leveling Sheet DOORS, FRAMES & HARDWARE BID Received, reviewed, and has submitted Thornton Construction acknowledgement form confirming receipt of Instruction lo bidders drawinas specifications and Addendum No.1 Scope Furnish and install New Weatherstrippino at the following doors· Pair of exterior doors at Entry 116 Vestibule Pair of interior doors at Entrv 116 Vestibule New Door Closer by LCN or equal at one of the interiorpair of door at Vestibule 116 Repair HM frame at one set of interior pair of doors at Vestibule 116 GRAND TOTAL Thornton Construction Company will self perform this scope Thornton Construction $ 4,421 v y v y y y $ 4421 ~ (Q (Q ITEM NO. 1 2 3 4 SCOTT RAKOW YOUTH CENTER ICE RINK MECHANICAL REPAIRS DOORS & HARDWARE-ESTIMATE BREAKDOWN MATERIAL TOTAL DESCRIPTION OTY UNIT COST MATERIAL New Weather-stripping tor (6) pail's & ( 1) single door 7 kit $ 293.16 $ 2052.12 New LCN 4040XP Closer w/689 Aluminum Finish 2 ea $ 736.50 $ , 473.00 Installation-1 technician 28 hrs nla n/a TOTAL $ 3,525 LABOR UNIT TOTAL TOTAL COST COST LABOR n/a n/a n/a nla $ 32.00 $ 896 s 896 $ 4421 U'l 0 0 -~'THORNTON Scott Rakow Youth Center Ice Rink Mechanical Repairs Subcontractor B1d Scope L•veling She"t WIUUiwVIU·I·"''"'' ~"llllfV, PAINT BID Documents R~eived. reviewed, and has submitted Thornton Conslruction acknowledgemenllorm continning receipt of Instruction to ~•-;Ji!~rs. drawill!IS. saecilications and Addendum No.1 Scooe Pro~ide n.aint flnilih at the followlno room ar.,as lncludad bUI not limited below:· Pa1nt DUbJ1c side ol tamoorarv Dlvwood Dllr1iti0n 18'hll at Dellverv Atea Manaaer's Office walls & celinas ! Ice Rink Ceilino Are• l~-~·ce!!~!fiL~m.t19.al main entrer'ICe entN vestibule 'New drvwall ceiling at locker room vestibule Walls ~~ RTP5 oent house new catwalk insteDation ooints Review specifications for approved paint manufacturers. product requirements. appropriate layers ol coaling, etc for a comolete oaint scooe of worl< Preoare all surfaces to receive oainl fonish. oer the soecification reouiremenls Surface preparation procedure lor ceiting bar joists alice Rink area, refer to noleli on DA102 in addition to section 0'.191 23. Me tel surface must be free of all rust and insoected bv enoioeer of ~ord orior to new oainl finish At exrsting hollow metel door framu & dOors to b8 repaired, paint oonlractor 10 sand and slrip down e•lsting finish lo bare metal and then repaint Include an allowance of 2 000 SF of additional wal area to b& a.alnted ~~~led bv CM. Include edge caulking al al painted surlaces when' the following ileiJl$ are instaled; door frames, window frame, & acoustical cei6no Provide submrttal data and samotes lor each tvna ol finish sDIIcified refer to soecilicalion manual lor reouirements lli~lude 2% additional attic stock of all mat&rials in orooosal Subtotal OlD AL TERN ... TE Include as part of base bid the pain~ng of Nolth, East, & West-Us of ice rink from finish floor to underside of roof dec*. If SoC Alternale lt1 for the l116ulaled Metal WaN Panels 1$ selected, the base paint scope at lhese wab will be part plan noles on A 101 and credll lo be ossued for panel wal areas not painted. GRAND TOTAL Thornton Com;truclion Company recommends to award this conlract to the lowest and responsive bidder. Rlghtway Pain !Ina Champion PalnUng s 114,400 v v v v v v v v v v v y y " v v s 114 400 ....dina !1. 114 400 Service Palntlrlg Rlglllway Painting The Painter Inc Florida $ 2'3,786 $ 51,845 s 75,418 s 14 000 y v y y ~ y y v II y v v y \1 y y v y y v v y v v y • v y v ' v y v v y y v y v v y n v y y V_ y y Is 37796 s 518-(5 s 75418 s 16.690.001 PENDING s 12737 s 31100 $ 51845 s 72681 U'l 0 ~ -----··-· -·-· .-.--···-· Documents -~'THORNTON Scott Rakow Youth Center Ice Rink Mechanical Repairs Subcontractor Bid Scope Leveling Sheet DASHER PANEL REMOVAL & REINSTALLATION BID Received, reviewed, and has submitted Thornton Construction acknowledgement form confirming receipt of lnslruction to bidders, drawinos specifications, and Addendum No.1 Scope Remove existing Dasher Board System and Glass Shield where indicated on plans Dasher system to be removed per orocedure note on DA 101 Panels to be stored at location provided by construction manager Existino panel svslem manufacturer bv Cascadia (888) 377-8000 Remove existing Dasher Board System and Glass Shield where indicated on plans If materials are shipped to jobsite, subcontractor will coordinate with GC and must have personnel onsite to inspect, accept deliveries, and transport material to onsite storage area or secured area within building. Replace panel system material damaged during removal and installation. GRAND TOTAL Thornton Construction Company recommends to award this contract to the lowest and responsive bidder: Cascadia Sports Systems I I Cascadia Sports Omnlsport, Inc Systems no bid $ 18,625 y_ i I y y v y v v y no bid $ 18 625 U'l 0 f\) • 'THORNTON Scott Rakow Youth Center Ice Rink Mechanical Repairs Subcontractor Bid Scope Leveling Sheel .......... l,oi,IIIUCII"""UI ........ 1;1, HVAC BID Documents Received, reviewed, and nas submitted Thornton Construction acknowledgement form confirming receipt of Instruction to bidders, dray,;nQS specifications and Addendum No.1 Scope Roof Too Unit Manufacturer bv BMIL Technoloales ·contact Tom Backman (252) n7-0994 Mini-split svstem Air Handline Unit bv Mltsublshl Dehumidifier Unit bv EBAC I EIP CS560 modei10264CS-US Exhaust Fans Motorized Dampers Test & Balance per specification reQuirements sho'NO in 230593 HVAC demo disconnects lncJudlno freon recoverv Condensate drain Dioino & drvwells Temp fillers and final fillers New ductwork suoolv & reJums EMC lnt~ation panels and control wirinQ Crane and MOT includino MOT Permit with Citv Subcontractor will also be expected to perform early scheduled work prior to installation of the new RTP-5 unit. to reduce the overaU installation tlme for lhis scooe Shop drawill!=IS & eQuipment submittals Provide Red Une AsbuUts oer soeciflcatlons Performance & Pavment Bonds Permit costs Subtotal BID ALTERNATE Include auickshio ootion available from eQuipment manufacturer 1o exoedite eouioment fabrication and deHverv time GRAND TOTAL Thomton Construction Company recommends to award this contract to the lowest and responsive bidder: Kar & Larrabbee Col tee Engineering $ 518,000 II v v y y v y v v 'I y y y y v y $ 6500 $ 524500 none available $ 524 500 Hill York Kar & Larrabee Poole & Kent $ 533,343 $ 499,300 $ 591,200 y v v \1 v v v II v y v y y v \1 n v v 'I v \1 y v II v v " y \1 y y v y y v v v v y tbd v v y y v v \1 y $ 8000 s 7490 s 5 912 n y v s 541 343 $ 506 790 s 597 112 none available none available none available s 541 343 s 506790 s 597 112 U'l 0 w -~'THORNTON Scott Rakow Y outb Center lee Rink Mechanical Repairs Subcontractor Bid Scope levelong Sheet VUV'-',...1-IUVI-V'II I"WMII~• El.ctrfcal BID Documents Received, reviewed, and has submitted Thornton Construction acknov.tedgement form confirming receipl of Instruction to bidders draW!nqs speciftcalions and Addendum No.1 Scope Electric demo Power to ne~ a/c eauioment Provode oower to a" low vol111<le control panels as required lor lhe complete operation ol the swtem New breaker lor new RTU Removal & relnstallation or items s""clfied lor new worll bv others E:nergy Management System (EMS)· included au condut and wiring & connection for the EMC Integration Panel, Rink Air Monitor and Exhaust Fans status reiav conlaels oer wirina dlaarams & resoansibllltv schedue on M1 04 Fire Alarm -devices. programming, wiring, termination,conduit, junction box. etc to be provided turn-key by Electrical Contractor & its vendor for anv removal, reinstallation or new devlces. New work to existing lire alarm system by Elftctrlcal Conlraelor. & its vendor Ia include addition of new devices and relocation of existing devices. Any modifiCation required to existing systems must be Included in electrician scope. This shall onclude removal and reolacement of exlstino wirina from Headend to terminal cabinets. Include all miscellanous steel suooor1 for mounllna of electrical di&connacls and oanels. Per1orm all electrical terminations of Nc eauioment to main oower. Permit cost Perlormance &_IJ;;ovment bond Subtolal BID AlTERNATE --Provide cost to remove, extend. and reinstall all existing wall hung device9, for all worll related 10 Allernete #1 Insulated Metal Wall panel system shown on A 1 01, Wall hung devices shalt include but not limited to the following; fire alarm pullststions exil devices ·unction boxes and securitv camera mount. GRAND TOTAL Thornton Construction Company recommends to award this contrael to the lowest and responsive bidder: Daalgn Electrical ·--Design ~trlcal Construction $ 56,618 v II II y II v II v v v " s 2833 v s 59 501 s 5250 $ 64 751 Primary Superior Electrical Elec1rlcal Ruben Electric Electrical Allance Corp c ontraclors Technology Contractors $ 89,500 $ 62,714 $ 54,500 s 97,200 y y v v I v y v v ! v y II v v v II v v v II v v v v pending v v v oendlna 'I II v oendlna " " v v v " y y v v v v v v $ 2.820 oendlna $ 1 635 v $ 92320 62714 s 56135 s 97 200 oendina incl'd s 3914 v-breakout rea'd $ 92320 $ 62714 s 60049 $ 97.200 ~'THORNTON QUALIFICATION AND ASSUMPTIONS Scott Rakow GMP Submittal 02/24/2014 1. 013216 -STAND UP REVIEW OF RTP-5 SUBMITIALS IMMEDIATELY AFTER NTP 1. 2. 013233-PHOTOS TO BE TAKEN FROM SUPERINTENDENT DIGITAl CAMERA. 3. 013300-SUBMITIALS TO BE SUBMITIED VIA E·BUILDER 4. 014000-All PERMIT COST TO BE REIMBURSED BY CITY OF MIAMI BEACH S. 014300-ALL TESTING BY CITY OF MIAMI BEACH 6. 014300-NO MICROBIAL REMEDIATION INCLUDED AND NO TESTING 7. 015000-CMR TO UTILIZE ALL EXISTING UTILITIES WITHIN AREA OF WORK. NO COST FOR TEMPORARY UTILTlES INCLUDED 8. 015200-CMR TO USE ROOMS{126,118,121,119(a),lZO(a),117,116) AS STORAGE ROOMS 9. 015200-CMR WILL HAVE EXCLUSIVE ACCES T0(126,118,121,119(a),120(a),117,116) DURING CONSTRUCTION 10. 015700-CMR TO INSTALL A TEMPORARY WALL AT OUTDOOR COVERED PLAY AREA. EXISTING FLOOR TO PER STAGING PLAN. THIS WALL WILL REMAIN DURING THE CONSTRUCTION PERIOD. 11 015800-NO EXTERIOR PROJECT IDENTIFICATION SIGNS SHOWN. NONE INCLUDED 12. 017133 -CMR TO INSTALL PLYWOOD OVER EXISTING ICE RM. 118. 13. 017133 -CMB TO TURN ON All EXISTING FIXTURES TO DETERMINE OPERATION PRIOR TO NTP2. 14. 017419-DUMPSTER TO BE HOUSED AT DELIVERY AREA THROUGH OUT CONSTRUCTION PERIOD. CLEAR ACCESS TO THE AMMONIA TANKS TO BE IN EFFECT THROUGH OUT THE CONSTRUCTION PERIOD. 15. 072100-LOWE CEILING SYSTEM AS PER SPECIFICATION. HIGHER NUMBER INCLUDED PER AE. CMR CANNOT GUARANTEE OR WARRANTY THERE WILL BE NO MOISTURE OR CONDENSATION ISSUES 16. 087000-NEW DOOR CLOSER TO BE LCN 4040XP WITH A 689 ALUM. FINISH 17. 093000-FLOORING FOR RM 127 FIGURED W SPRINGSTEP RUBBER TILES BY RUBBER FLOORING INC. 18. 211314-FIRE ALARM PANEL TO BE OPERATIONAL PRIOR TO NTP 1 19. IN THE EVENT OF UNFORSEEN UNDERGROUND CONDITION, EXISTING CONDITION AND OR DIFFERING SITE CONDITION PARAGRAPH 19 OF THE GENERAL CONDITION OF CONTRACT FOR CONSTRUCTION WILL PREVAIL. 20. GENERAL-EXISTING SOUND SYSTEM IN RM 127 TO REMAIN IN PLACE. SHEETING WILL BE USED TO PROTECT SOUND SYSTEM DURING CONSTRUCTION 504 U'l 0 U'l 11111 Demolition of Soulll wau or Rm 116 IIZI RelllOYit Dallier board and Stou • Remove al ceiling fix1rues end devicf.s ..-lnslallol prOiedian -Remove RU511rom Joist IIIII R-all inlerkW lluclwork as SChedule :1 • Retnove existing aJrVerl panitian Rm 127 Iii Remove 1111 plaster ceilings as Indicated on plan I Remove ulsllng access e<~!wnlk 1 Remoo.. all wal supported deviCeS I l!miiiB Palfll Joist • Rem011e al RTP unilt • Rem011e al RTP eleC1rical conduits ._ Install Low-E Geilori!'J -tnstaa New Ductwork ._ lnstaU N-wall filli&Ms Sooth or Ice Rink •••••Install Insulated wal panels -lnstah new wall in Rm 127 & 117 •Instal new window at Rm 127 .-. lnstan all Dlwa/1 ceilings l!lln$1aM an new .... alherslriplng at des.gnatad ri'> a Raimnan all wall supported d!Mces s Rainstaa Dashet boarcl -Paint an walll as s.how on finish Cl Reconnect a1 e~iSioog duel detectors I Connect al new FA de"lsas to pan a I -Con!Mid aU new units wKII exist. --------------------Lead lime forRTP ~ I lnslall RTP-5 D ln$tal New DehumidifierS Thornton Construction Company Inc. SCOTT RAKOW YOUTH CENTER • Instal Exhaust Fan 3 •••••rnalall all electriCal I Cap all eldsling I Cap a~ axishng roof ~Complete roofing around RTP-5 a Install oew Catwalk per detail -Early bar -Progress bar -Crlllcalbu -s....nmary bar • Start mUISIOnl point U'l 0 0) Thornton Construction Company Inc. SCOTT RAKOW YOUTH CENTER -Eirlybar -Progress bar -CrltiCIIblr -Summary b1r • Slart mlle~klne point z < --' Q_ u ;:::. (,•:· (.'5 c -I LJ f- (/) 0 z <{ () lL ., <'( 0: f-., 0 w u z <:{ z LL f-z < ~~ 2 '"lr-r ~~ 507 ; I 1_•::··13 ' I / r j • _I! ' I ! U'l 0 00 :,~~~~~n_-~·:r>~-:·,;: __ ;;;..;",.~-~,c~~::7: ~-~: ~:~:_:~-.. ~r~'!-~~""'~ ~· .t.':.~r:·._ >~-~-:~.. -~·; _.. . __ .> ... ,:., . . ..~-.. ::.t\ _._,,~-:~~, -. ~, ~ ~, ·'" · ..... _ ~... · :_,\ ~ ~--; . .-.•/.4 .;;,.,· ;,~ ~ .. :.:;.. ~:t.· ~ ..... · PROJECT APPROACH INTERIOR DETAILS ~·w~· 1 .. ,.. ~ ~ '----~~~ --' ~;, -·· :JfiBrii tiJl_l --~ •,::~· ../'"' ~~ ·;JJ~ RE:.100£:L MANAGER'S OFFICE g 't~~ • ' 1"-";'i I I . : 0..,' ·\__,-,-;· . ~.-·,' l;,',•+' ~~ • :.~~: J·lST;\u : (l\t.' 2-CEILING 0 RELOCATE FIP HEADS & LIGHTS '" .... ~ 1. -, ··--·-~ -~-.1 ¥ ,_ '· fl TEMPORARY BARRIER WALL 0::: 0 -0::: w 1-z I:· ':I ·~ 509 Exhibit B GMP AMENDMENT No.1 GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT N0.1 TO THE AGREEMENT FOR PRE- CONSTRUCTION SERVICES BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND THORNTON CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION MANAGER AT RISK SERVICES PURSUANT TO RESOLUTION NO. 2013-28199 ENTITLED "CONSTRUCTION MANAGEMENT AT RISK PRE- CONSTRUCTION SERVICES FOR THE SCOTT RAKOW YOUTH CENTER ICE SKATING RINK, MECHANICAL REPAIRS, AND BUILDING RENOVATIONS. THIS GMP AMENDMENT N0.1, made and entered into as of this __ day of , ("GMP Amendment No 1") amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA (also, City) and Construction Manager, Thornton Construction Company, Inc., (hereinafter Construction Manager or CM), made as of the day of , for the following described Project: Scott Rakow Youth Center 2700 Sheridan Avenue Miami Beach, FL, 33139 WHEREAS, the Owner and the CM have agreed to amend the Agreement in the manner set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and the CM do hereby agree as follows: 1. This GMP Amendment No. 1 is executed in connection with, and is deemed to be part of the Agreement and the Contract Documents. Wherever the terms of this GMP Amendment No. 1 and the terms of the Contract Documents are in conflict, the terms of this GMP Amendment No. 1 shall govern and control. The terms used herein, unless otherwise defined in this GMP Amendment No. 1 shall have the meanings ascribed to them in the Contract Documents. 2. The following are hereby incorporated into the Contract Documents and made part thereof: a. The construction documents listed on Attachment I, GMP Amendment No.1, attached hereto, which are made a part of the Contract Documents by this reference (the "Construction Documents"); and b. The specifications listed on Attachment II, GMP Amendment No.1, attached hereto, which specifications are made a part of the Contract Documents by this reference (the "Specifications"); and c. Those documents listed on Attachment Ill, Additional Contract Documents, refer to the executed pre-construction services agreement, attached hereto, are made a part of the Contract Documents by this reference; and 510 d. Those documents listed on Attachment IV, GMP Amendment No.1, GMP Book inclusive of CM's Proposal, Qualifications and Assumptions attached hereto, are made a part of the Contract Documents by this reference; and e. Those documents listed on Attachment V, GMP Amendment No.1, the CM's Salary and Wage Schedule attached hereto, are made part of the contract Documents by this reference; and f. The Scope of the Work for the Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs, and Building Renovations, contemplated in this GMP Amendment No.1, and as described in Attachment I, GMP Amendment No.1, is hereby incorporated into the Work; and g. The Project Schedule will be provided for this Project and is set forth on Attachment VI- GMP Amendment No.1, attached hereto, are made a part hereof by this reference; and h. The CM's Onsite Management and Supervisory Personnel for this Project shall be set forth herein, and incorporated as Attachment VII to this Agreement. i. The date of Commencement for the construction of the Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs, and Building Renovations in this GMP Amendment No.1, shall commence upon the issuance of Notice To Proceed (NTP) # 2, by the parties hereto (the "Date of Commencement"). j. The CM shall achieve Substantial Completion of the Work for the Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs, and Building Renovations as contemplated in this GMP Amendment No.1, no later than 90 calendar days from the issuance of NTP # 2, the Date of Commencement {the "Contract Time"), and Final Completion, not later than thirty (30) calendar days from the date of Substantial Completion. Failure to meet either the Substantial Completion or Final Completion dates shall be a material breach of this Agreement and liquidated damages will be assessed thereinafter. k. Upon failure of the CM to substantially complete the Work contemplated in this GMP Amendment No.1, within the specified period of time, plus any approved time extensions, CM shall pay to the City the sum of $1 ,400 for each calendar day after the time specified in subsection 2U) of this Amendment. I. The Guaranteed Maximum Price (GMP) for the Scope of Work contemplated in this GMP Amendment No.1, for the Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs, and Building Renovations, is hereby guaranteed by the CM not to exceed the sum of $1,175,220 (GMP Amendment No.1), based upon the entire Scope of the Work as described in the Contract Documents, as amended herein. and including, but not limited to, the Construction Documents and the Specifications, subject only to additions and deductions by Contract Amendment(s) or Construction Change Directive, as provided in the Contract Documents. The GMP for GMP Amendment No.1 is more 511 particularly itemized in the Schedule of Values prepared in accordance with the terms of the Agreement, which Schedule of Values is attached hereto as Attachment VIII-GMP Amendment No.1, and made a part of the Contract Documents by this reference. Included in the Schedule of Values and specifically identified herein, the Owners' Contingency as defined in Article 1.19 of the Pre-Construction Services Agreement is in the amount of $24,000. m. Should the CM realize any savings from the negotiated Schedule of Values, incorporated as Attachment VIII, the City shall receive 75% of said savings with no line item integrity. The City reserves the right to audit any and all contract related documents at any time during the Project and at the end of the Project. n. The CM shall provide Commercial General Liability Insurance, Automobile Liability Insurance, Worker's Compensation Insurance, and Builder's Risk Insurance, in compliance with the provisions of Article II, Insurance and Bonds of the General Conditions of the Contract for Construction. o. The CM shall provide the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond, in compliance with the provisions of Article II, Insurance and Bonds of the General Conditions of the Contract for Construction. p. By executing this GMP Amendment No.1, the CM acknowledges that it has ascertained and verified all existing underground utilities and has coordinated all correct locations for points of connection for all utilities, if any, required for this Project and has identified all clarifications and qualifications for this Project, if any. Utility Locations shall be identified by the CM and all existing utility connections will be capped as needed, as noted in the Qualification and Assumptions Statement. q. To the extent that the Owner has authorized the CM, in writing, to perform the Work contemplated in this GMP Amendment No.1, for this Project with the CM's own forces, the salary and wage schedule for the CM's personnel performing such portion of the Work, agreed upon by the City and the CM, shall be as set forth on Attachment V-GMP Amendment No.1, attached hereto, and is made a part of the Contract Documents by this reference. The CM warrants and represents that the salary and wage schedule includes the comparable market rates (including any and all benefits, contributions and insurance) charged by the CM for comparable contracts to other business and individuals for similar services, and that such rates are not higher than the standard paid for this Project, Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs, and Building Renovations . r. Except as expressly provided herein above all of the terms, conditions, covenants, agreements and understandings contained in the Pre-Construction Contract Documents (and as may have been amended pursuant to GMP Amendment No.1), shall remain 3 512 unchanged and in full force and effect. and the same hereby expressly ratified and confirmed by the City and CM. s. This GMP Amendment No.1 may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH Rafael Granado, City Clerk ATTEST: By: Thomas Thomton Treasurer/Secretary Philip Levine, Mayor CONSTRUCTION MANAGER/ Thornton Construction Company, Inc. 4300 Biscayne Boulevard # 207 Miami, Florida 33137-3255 Florida Contractor License: CGC 058425 By: ( Thomas Thornton President 0 Attomo~ Dato 513 4 Exhibit C CONSTRUCTION MANAGEMENT SERVICES, INC. 10 Fairway Drive • Suite 301 • Deerfield Beach, Florida 33441 • 9M-481-l611 • FAX 954427-3142 SCOTT RAKOW YOUTH CENTER ICE RINK MECHANICAL REPAIRS 2700 SHERIDAN AVENUE, MIAMI BEACH, FLORIDA 100°/o CONSTRUCTION DOCUMENTS ESTIMATE (R1) MIAMI BEACH PROJECT# 019716 February 19, 2014 PREPARED FOR: CAPITAL IMPROVEMENTS-CITY OF MIAMI BEACH PREPARED BY: CMS-CONSTRUCTION MANAGEMENT SERVICES, INC. CMS FILE# 2127 Quantity Surveyors • Constt·uction Managers 514 QUALIFICATIONS CMS-CONSTRUCTION MANAGEMENT SERVICES, INC. Confidential Page 1 CMS-Construction Management Services, Inc. 10 Fairway Drive, Suite 301 Deerfield Beach, Fl 33441 954-481-1611 CMS FILE# 2127 SCOTT RAKOW YOUTH CENTER MIAMI BEACH, FLORIDA 100% CONSTRUCTION DOCUMENTS ESTIMATE (R1) February 19, 2014 QUALIFICATIONS # ITEM 1 I THIS COST ESTIMATE IS BASED ON A STANDARD OPEN-BID PROCESS. 2~TIF TYPE OF CONTRACT: "CM·AT-RISK." ADD APPROXIMATELY 15 TO 20°/a TO THE COST. ~ 3 'GENERAl CONDITIONS ARE BASED ON A 12% OF CONSTRUCTION COSTS. ·-- .. -·-··· ----- THIS ESTIMATE IS BASED ON PLANS & SPECIFICATIONS BY BERMELLO AJAMIL & PARTNERS, 4 INC., DATED JANUARY 20,2014. __ _ _ Due to the present volatile nature of the construction market, construction material cost 5 could change su~sti!ntially prior to constru~tion. ------- 6 B1.Jil.91n_~tPermits are included. .. ' --.. 7 Testing is NOT included. ··~ -- 8 Asbestos abatemenVremoval is NOT included. --- 9 . Impact f~es O[ other utility company ~harg_es are not included. ···-- 10 Offsite storage is not included. -·· . .. 11 Night watchmen/Security guard services are NOT included. 12 Exterior painting i~ not ir19luded {none shown)_ _ ,. ·- 1~ All ~!_owa!1ce of $2,500.00 hi\ls been included for structural in_~ection of steel bar joists. _,_ .... _ -· 14 Pedestrian MOT, _is inclllded in the General9onditions for the General Contractor. 15 Premium time and Phasing are NOT included. Preparad by Dan Jeffreys 2/1912014 Page 1 515 SCOTT RAKOW YOUTH CENTER ICE RINK MECHANICAL REPAIRS 100% CONSTRUCTION DOCUMENTS ESTIMATE (Rl) February 19, 2014 SUMMARY 516 I $ L095,6n.30 I RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO. 1 TO THE PRE-CONSTRUCTION SERVICES AGREEMENT WITH THORNTON CONSTRUCTION COMPANY, INC., DATED SEPTEMBER 16, 2013, FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE SCOTT RAKOW YOUTH CENTER ICE SKATING RINK, MECHANICAL REPAIRS, AND BUILDING RENOVATIONS PROJECT, IN THE AMOUNT OF $1,175,220 PLUS A FIVE PERCENT OWNER'S CONTINGENCY IN THE AMOUNT OF $58,761; FOR A GRAND TOTAL AMOUNT OF $1,233,981 WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $213,849 FROM FUND 383 GO BONDS-PARKS AND BEACHES; AND $1,020,132 FROM FUND 302 PAY-AS-YOU-GO. WHEREAS, at the Commission meeting of May 8, 2013, the Mayor and City Commission authorized the Administration to issue an RFQ for a Construction Manager at Risk (CMR) firm to provide pre-construction services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the mechanical cooling system replacement and building renovations for Scott Rakow Youth Center-Ice Skating Rink project; and WHEREAS, a request for Qualifications (RFQ) No. 22-2013TC was issued on December 14, 2012, seeking proposals and three CMR firms were interviewed; and WHEREAS, on February 26, 2013 the selection committee unanimously ranked Thornton Construction as the top ranked firm; and WHEREAS, pursuant to the City manager's recommendation, on May 8, 2013, the Mayor and the City Commission approved Resolution No.2013-28199 Authorizing the Mayor and the City Clerk to execute a Pre-Construction Services Agreement with Thornton Construction; and WHEREAS, per the requirements of the contract, the CMR, shall coordinate with the Architect/Engineer team and the City, the issuance of bid documents to a pre-approved list of subcontractors to obtain the pricing in order to develop the GMP; and WHEREAS, On February 7, 2014, Thornton Construction held their subcontractor bid opening at their offices located at 4300 Biscayne Blvd, Suite 207 in Miami in the presence of representatives of the City's CIP office, and A/E of Record, Bermello Ajamil and Partners Inc.; and WHEREAS, the bids were evaluated and thoroughly reviewed to insure that they encompassed the full scope of work; and 517 WHEREAS, the GMP was formulated based on the lowest responsive bid for each element and was then negotiated with the CMR to obtain the best possible price based on the specified project scope; and WHEREAS, in order to obtain further assurance that the best value for this project had been negotiated, the City contracted CMS Estimating Services (CMS), a consultant retained under the City's Constructability, Cost & Value Engineering Review Services contract, to perform an independent construction cost estimate; and the estimated construction cost as submitted by CMS is $ 1,213, 722 (Exhibit C); and WHEREAS, following a number of discussions, evaluation of value engineering options, analysis of constructability recommendations, and negotiations, Thornton Construction submitted the final negotiated GMP in the amount of $1,175,220 (Exhibit A} and The GMP Amendment No.1 (Exhibit B) reflects the negotiated amount of $1,175,220, and a five percent owner's contingency in the amount of $58, 761for a project total of $1,233,981; and WHEREAS, the administration is of the opinion that based on the scope of work identified in the documents the final negotiated GMP is a competitive, fair and reasonable price for the construction of the Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs and Building Renovations project; and WHEREAS, the construction duration of this project has been negotiated at 120 calendar days to substantial completion (approximately 4 months) and 30 days for punch list completion with an anticipated commencement in May 2014 (pending permit approvals). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby _accept the .recommendation of the City Manager, pursuant to approving and authorizing the Mayor and the City Clerk to execute Guaranteed Maximum Price (GMP) Amendment No. 1 to the Pre-Construction services agreement with Thornton Construction, dated September 16, 2013, for Construction Management at Risk Services for the Scott Rakow Youth Center Ice Skating Rink, Mechanical Repairs and Building Renovations project, in the amount of $1,175,220 and a five percent owner's contingency in the amount of $58,761, for a grand total amount of $1,233,981 with previously appropriated funding in the amount of $213,849 from fund 383 GO Bonds-Parks and Beaches; and $1,020,132 from fund 302 Pay-As-You-Go. PASSED AND ADOPTED this __ day of ____ , 2014. ATTEST: Rafael G. Granado, CITY CLERK Phllip Levine, MAYOR t:\agenda\2014\march\sryc ice rink-amendment 1\cmr scott rakow-ice rink amendment 1 reso 2014.doc S TO APPROVED A 518 /~ / FORM & LANGUAGE & FOR EXECUTION z..-~~_,.,{At Date THIS PAGE INTENTIONALLY LEFT BLANK 519 COMMISSION ITEM SUMMARY Condensed Title: A Resolution OfThe Mayor And City Commission OfT he City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3 To The Existing Professional Services Agreement Between The City Of Miami Beach And Schwebke-Shiskin & Associates, Inc. For Re-Design And Permitting Phase Services Associated With The Enhanced Stormwater Criteria For The Venetian Islands Bid Package 13c Right-Of-Way NeiQhborhood Improvement Project; In The Negotiated Not-To-Exceed Amount Of $201,814. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital improvement projects as "excellent" or "good". Recently completed capital improvement projects (81%}: storm drainage(37%}, and condition of roads (44%f. Item Summary/Recommendation: On September 9, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No. 42-08/09, adopted Resolution No. 2009-27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement (PSA) with Schwebke-Shiskin & Associates, Inc. (SS&A) to provide professional services for the design, bid, award and construction administration phases of the Venetian Islands Bid Package 13C, Right-Of-Way Neighborhood Improvement Project (the Project) in the amount of $585,160. The original contract provided limited construction administration services and reduced Resident Project Representative (RPR) services. On June 2010, the administration approved Amendment No. 1 for an amount of $9,900 for topography survey of the existing outfalls scheduled for rehabilitated. Subsequently, on May 8, 2013, the City Commission adopted Resolution No. 2013-28202 to approve Amendment No. 2 for additional RPR services and Supplemental Construction Administration services in the amount of $349,957. Currently, as recommended by the Mayor's Blue Ribbon Panel on Flood Mitigation and the Flooding Mitigation Committee, on February 12, 2014 the City Commission approved to amend the City's Storm Water Management Master Plan by modifying the design criteria for the tailwater elevation and adopted an elevation of 2. 7 ft-NAVD for all tidal boundary conditions (Exhibit A). Public Works Department has requested that staff implement the enhanced stormwater system criteria including increasing from 6-inch to 7.5-inch, 5-day, 24-hour rain event. The new criteria will require the Engineer of Record to revise the current design included in the contract documents for this project. The Administration has determined that the consulting services shall be amended to provide for the re-design of the Stormwater System, including new drainage calculations and design to incorporate pump stations and the enhanced criteria. Task 2.7-Permitting Reviews will require additional effort to solicit approval from the City's Public Works Department (PWD), and Miami-Dade County's Department of Regulatory and Economic Resources (DRER) and South Florida Water Management District (SFWMD). The proposed cost for these tasks is $192,814 plus $9,000 for reimbursables for a total amount of $201,814. Article 5 of the approved PSA, stipulates that any additional services required during the performance of the work would be requested by the City and negotiated in accordance with the Agreement. To that effect, the additional services will be added to the Professional Services Agreement as Amendment No.3 (Exhibit B) for an amount of$201,814. This Amendment will revise the total contract sum to a not to exceed total of $1,147,331. The probable construction cost of the enhanced and re-designed Stormwater System is $6.3 million. The negotiated fee submitted by Schwebke-Shiskin & Associates, Inc., represents 3% of the probable construction cost of the stormwater portion of the project (including the new pumps stations). The fee for the above services has been reviewed by City staff and determined to be fair and reasonable. The Administration recommends approval of the resolution. Ad . B d R d . VISOry oar ecommen at ton: Financial Amount Account Information: Funds: 1 $158,696 384-2127-061357 2003 GO Bonds-Neighborhood Improvements ~ 2 $43,118 423-2127-061357 Gulfbreeze 2006 Fund Total $201,814 Financial Impact Summary: N/A Assistant MT MIAMI BEACH 520 DATE 3-'S"-JL{ R7£ C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov COMMISSION MEMORANDUM TO: FROM: Mayor Phillp Levine and Members o he City Co~mis~on Jimmy L. Morales, City Manager ~ DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPRO NG AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SCHWEBKE-SHISKIN & ASSOCIATES, INC. FOR RE-DESIGN AND PERMITTING PHASE SERVICES ASSOCIATED WITH THE ENHANCED STORMWATER CRITERIA FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $192,814 PLUS AN AMOUNT OF $9,000 FOR REIMBURSABLES; FOR A TOTAL AMOUNT OF $201,814; WITH PREVIOUSLY APPROPRIATED FUNDING. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING $158,696 Fund 384-2003 GO Bonds-Neighborhood Improvements $ 43,118 Fund 423 -Gulfbreeze 2006 $201,814 Total BACKGROUND On September 9, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No. 42-08/09, adopted Resolution No. 2009-27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement (PSA) with Schwebke-Shiskin & Associates, Inc. (SS&A) to provide professional services for the design, bid, award and construction administration phases of the Venetian Islands Bid Package 13C, Right-Of-Way Neighborhood Improvement Project (the Project) in the amount of $585,160. The original contract provided limited construction administration services and reduced Resident Project Representative (RPR) services. On June 2010, the administration approved Amendment No. 1 for an amount of $9,900 for topography survey of the existing outfalls scheduled for rehabilitated. Subsequently, on May 8, 2013, the City Commission adopted Resolution No. 2013-28202 to approve Amendment No. 2 for additional RPR services and Supplemental Construction Administration services in the amount of $349,957. ANALYSIS 521 Commission Memorandum -Schwebke-Shiskin Amendment 3 for Venetian Islands Bid Package 13C Project March 5, 2014 Page2 Currently, as recommended by the Mayor's Blue Ribbon Panel on Flood Mitigation and the Flooding Mitigation Committee, on February 12, 2014 the City Commission approved to amend the City's Storm Water Management Master Plan by modifying the design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions (Exhibit A). Public Works Department has requested that staff implement the enhanced stormwater system criteria including increasing from 6-inch to 7.5-inch, 5-day, 24-hour rain event. The new criteria will require the Engineer of Record to revise the current design included in the contract documents for this project. The Administration has determined that the consulting services shall be amended as follows: TASK 2.1 through 2.6 -Design Services shall be amended to provide for the re-design of the Stormwater System, including new drainage calculations and design to incorporate pump stations and the enhanced criteria. Task 2. 7 -Permitting Reviews will require additional effort to solicit approval from the City's Public Works Department (PWD), and Miami-Dade County's Department of Regulatory and Economic Resources (DRER) and South Florida Water Management District (SFWMD). The proposed cost for these tasks is $192,814 plus $9,000 for reimbursables for a total amount of $201,814. Task 4.0 -Construction Administration Services and Task 4.6 -Resident Project Representative will be amended once the impact to the construction schedule is determined. At that time, staff will negotiate a competitive consultant fee for approval by the City Commission and shall submit a Capital Budget amendment to fund the additional consulting services and construction costs. Article 5 of the approved PSA, stipulates that any additional services required during the performance of the work would be requested by the City and negotiated in accordance with the Agreement. To that effect, the additional services will be added to the Professional Services Agreement as Amendment No. 3 (Exhibit B) for an amount of $201 ,814. This Amendment will revise the total contract sum to a not to exceed total of $1,147,331. The probable construction cost of the enhanced and re-designed Stormwater System is $6.3 million. The negotiated fee submitted by Schwebke-Shiskin & Associates, Inc., represents 3% of the probable construction cost of the stormwater portion of the project (including the new pumps stations). The fee for the above services has been reviewed by City staff and determined to be fair and reasonable. CONCLUSION: The Administration recommends that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 3 to the professional services agreement with Schwebke-Shiskin & Associates, Inc. for the Re- design and permitting phase services associated with the enhanced Stormwater System criteria for the Venetian Islands Bid Package 13C Right-of-Way Neighborhood Improvement Project; in the negotiated not-to-exceed amount of $192,814 plus an amount of $9,000 for reimbursables; for a total amount of $201 ,814; with previously appropriated. ATTACHMENTS: Exhibit A-Commission Memorandum dated February 12, 2014 Exhibit B-Schwebke-Shiskin Amendment No. 3 JLM~DM T:\AGENDA\2014\March\Vanctian lslandsSchwebke Shishkm AmendmP.nt No_ 3\Venetlan lslancs -SS & A Amendment 3 · I\1EI\10.docx 522 (g MIAMI BEACH Exhibit A City of Miami Beac:h, 1700 Convention Center Drive, Mfoml Beac:h, Fforida 33139, www.miamibaochR.aov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Jmm~ssi,on FROM: Jimmy L. Morales, City Manager ~ ' ' · DATE: February 12, 2014 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING HE RECOMMENDATION OF THE FLOODING MITIGATION COMMITTEE TO AME D THE STORMWATER MANAGEMENT MASTER PLAN (COMMISSION ADOPTED NOVEMBER 14, 2012) BY MODIFYING THE DESIGN CRITERIA FOR THE TAILWATER ELEVATION FROM 0.5 FT·NAVO TO 2.7 FT-NAVD FOR ALL TIDAL BOUNDARY CONDITIONS. BACKGROUND At its January 28, 2014 meeting, the Flooding Mitigation Committee unanimously voted to recommend changing the Stormwater Management Master Plan (Commission adopted November 14, 2012) tailwater elevation design criteria from 0.5 ft-NAVD to 2.7 ft-NAVD for all tidal boundary conditions. The tailwater elevation design criteria approved in the Stormwater Management Master Plan Is 0.5 feet-NAVO. The discussion and formulation of these criteria was accomplished during the January 21, 2014 meeting of the mayor's Blue Ribbon Panel on Flooding. The Panel discussion suggested working with peak tidal values rather than mean values. A peak tidal elevation of 2.1 ft-NAVD was selected based upon historical data. An additional 7 inches of projected sea level rise based upon data published by the United States Army Corp of Engineers (ACOE) was added to the 2.1 to reach a final figure of 2. 7 NAVD. The Public Warns Department recommends approval of this new tallwater design criteria of 2.7 NAVD based upon peak historical tidal values and published ACOE data regarding sea level rise as the next step in our ongoing efforts to combat flooding within the City of Miami Beach. ANALYSIS Currently there are three (3) neighborhoods in active construction: Central Bayshore (70% complete}, Lake Pancoast (95% complete), and Venetian Islands ( 10% complete). A Design-Build contract has been awarded for Lower North Bay Road neighborhood. The Palm & Hibiscus Islands Neighborhood is currently in the negotiation process for Deslgn~Bulld Services. This new criteria may have a significant impact on the design and construction of the above referenced projects. The City shall determine if these criteria shall be applicable to these projects. FINANCIAL IMPACT Based upon some very preliminary estimates, the Public Works Department believes this would add approximately $150M -$200M to the cost of the roadway and neighborhood stormwater improvements above the funding requirements already identified by the Stormwater Management Master Plan. An additional30-40 pump stations will be required, which will also raise issues of the location In neighborhoods. CONCLUSION The Administration recommends adoption of the Resolution. JLMieS@./oM/BAMIDS T:IAGENOA\2014\february\f!lilwater ele.,ation. Memo. doc 384 523 EXHIBIT B AMENDMENT NO. 3 TO THE PROFESSIONAL ARCHITECTURE AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SCHWEBKE-SHISKIN & ASSOCIATES, DATED DECEMBER 18,2009 IN AN AMOUNT NOT-TO-EXCEED $201,814 TO PROVIDE RE-DESIGN AND PERMITTING PHASE SERVICES FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT This Amendment No. 3 to the Agreement made and entered this __ day of 2014, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as CITY), and Schwebke-Shiskin & Associates, Inc., having its offices at 3240 Corporate Way, Miramar, Florida 33025 (hereinafter referred to as CONSULT ANT). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 42-08/09, the Mayor and City Commission adopted Resolution No. 2009-27161, on September 9, 2009, approving and authorizing the Mayor and City Clerk to execute an Agreement (the Agreement) with the Consultant, for Professional Services for the Venetian Islands Bid Package 13C Right-of-Way Neighborhood Improvement Project (the Project); and WHEREAS, the Agreement was executed for a not-to-exceed amount of $530,160, plus an additional amount of $55,000 for approved reimbursable; and WHEREAS, on June 2010, the Capital Improvement Projects (CIP) Office approved Amendment No. 1 to the Agreement, for a not-to-exceed amount of $9,900, for additional services to provide topographic survey existing outfalls scheduled for rehabilitated; and WHEREAS, on May 2013, Amendment No. 2, in the not-to-exceed amount of $349,957, was approved to provide additional resident project representative and supplemental construction administration services; and WHEREAS, this Amendment No. 3, in the not-to-exceed amount of $201,814 will provide for the re-design and permitting of the Stormwater System, including new drainage calculations and design to incorporate pump stations; and WHEREAS, City staff have evaluated the Consultant's fee proposal and find that the proposal is reasonable; and WHEREAS, Amendment No. 3 to the Agreement will revise the total contract sum to a not- to-exceed total of $1,147,331. 524 NOW. THEREFORE. the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No.3. 2. MODIFICATIONS The Agreement is amended to incorporate Schedule "A-3", attached hereto. 3. OTHER PROVISIONS All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No.3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: City Clerk ATTEST: Secretary Print Name Attachment: Schedule A-3 CITY OF MIAMI BEACH, FLORIDA Mayor CONSULTANT: SCHWEBKE-SHISKIN & ASSOCIATES, INC. President Print Name 525 MarkS. Johnson, P.S.M. Ronald A. Fritz. P.S.M. Michael J. Alley, P.S.M. February 26, 2014 Mr. David Martinez City of Miami Beach Land Surveyors-Engineers-Land Planners 3240 Corporate Way • Miramar, Florida 33025 Phone: (954) 435-7010 • Fax: (954) 438-3288 Capita] Improvement Projects Office 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Venetian Islands Dear Mr. David Martinez: SCHEDULE A-3 Alfonso C. Tello, P.E., P S M Hernando J. Navas, P E Luis F. Leon, P.E. Alberto A. Mora, P.E. John C. Tello. P.E. Attached please find the fee breakdown for the revisions to the Venetian Island Drainage Design. Please note that our fee is based on revising the paving, grading and drainage and stonnwater sheets only, in order to add six pump stations. The revised sheets will be inserted into the contract documents. Our proposal does not include the modification of the existing bid documents, specifications. with the exception of adding the specifications for the pump stations. The only City of Miami Beach criteria that will be revised is the new sea level impact. Any other present City criteria, will not be addressed by these changes. In addition, please note that this proposal does not include re-bidding this project. It is the intent of these revisions to address the sea level issue with minimal changes to the existing contract documents and to develop a cost analysis of the impacts of converting a gravity drainage system to a pump controlled drainage system. Our fee to perform these services shall be a lump sum amount of One Hundred Ninety Two Thousand Eight Hundred Fourteen Dollars ($192,814.00). We anticipate that reimbursable expenses in the amount of Nine Thousand Dollars (59,000.00) will be required to produce all of the required documents and process the required permits. Note that although we anticipate that an updated Benthic Survey may be required for the penn it process, it is not included in this proposal. 526 I would like to thank you for giving us the opportunity to offer you this proposaL If you have any questions please call me at (305) 652-7010 or email me at lleon@shiskin.com. Respectfully submitted, SCHWEBKE-SlllSKIN & ASSOCIATES, INC. LFL/Id T:IL YNDAIPROPOSALS/CITY OF MIAMl BEACHIDA VID MARTINEZ VENETIAN ISLANDS 02-26-2014 527 U'l N 00 TASK NO TASK DESCRIPTION I GENERAL DESIGN 11 Meetings wilh Public Worb'DERM --I 2 Planning/Storm water Design I 3 Re-Issue Electrical Plans 14 Conduit plans for 3 phase pump stations 2 GENERAL PLANS 21 Index, Title, Legend & Detail Sheets 22 Preparation of Specifications 2.3 Preparation of Bid Documents 1A SAN MARINO ISLAND 2 3 PG&D (8 Sheets) 2.4 'Stormwatcr { I 0 Sheets) 2.6 Pump Station (Sheets) --· . lB ,DJLIDO ISLANDS ~-r•G&D (14 Sheets) 2.4 Strom water ( 18 Sheets) 26 Pump Station (Sheets) 2C RIVO ALTO ISLAND 2.3 PG&D ___ .,.,_, ·----24 Strom water 26 Pump Station 2D PROJELI GE:"'ERAL-TASKS(all islandsf-----2.1 Process Pcrmits,1'ermit Revtsions 22 Cost Impact Analysis 2.5 Document Revisions ----3 TOTAL DESIGN REVISION COST 7 REIMBURSABLES/OTHER DIRECT COSTS 7 I Reproduction Scrvtces Including LANDIELEC 72 Permit Fees 7 TOTAL ADDITIONAL REIMBURSIBLE COSI__ TOTAL FEE ESTIMATE H0URL\' RATES (FY 2014) SCHEDULE A·3 ClTY OF MlAMI BEACH VENETIAN ISLANDS BID PACKAGE 13C CONSULT ANT'S COMPENSATION FEE SCHEDULE PROJECT I'ROJH:T SR STAFF CONSTRUCT ENGINEER ION DIRECTOR MANAGER ENGINEER ENGINEER INPECTOR ------5.3•1. o_o%1--15.0% 79.7!/u 0.04/., o.o•;. 10 10 6 35 240 ---161 0 45 240 0 0 100.0% 0.0% 2.7•/., 0.0'1. S.4Yo 0.0% 2· 4 8 2: 4 20 ----2 8 n ·---.. ·····-· ---·· or--6 () lfi 100 0 3.1% O,OYo 1.0.8"'/-. 0.0"/o 49,0•/o o.ov. 2 2 12 2 6 " ---4 20 80 g 0 28 0 127 0 l.bV• 0.0'1• .S..9'Aa o.o•;. 48.2o/· 0.0% --------r----2 4 ~0 4 IS 81 4 15 80 10 0 34 0 185 0 I -2.2'/., fi..Oo/o 10.8% 0.0% 46.7jy ... · 0.0% I 4 12 2 10 so 4 20 81 -7 0 34 0 t47 0 -Jl.JO/., 0.0"1. 71.7'1• O.O'Ya 124.9~. 0.£1% 13 39 50 8 II 48 6 8 10 27 0 62 0 108 0 ----------------------·-----· -· i St7M6 -~144.76 SIJ2.98 Sl17.113 $98.07 S78.59 DESIGNER DRAFTER C'LERIC'AL TOTAL TOTIIL COST HOURS 0 .. 0°/o 0.09/G 11.-(}•/ .. ---20 ~ lAM 281 $ 33,974 --$ 7_800 s <10.~1}0 0 0 1 subjotal: 3DI 5 92,043 O.Oo/o 17.'111/o o.oa." ! -26 40 $ 3,301 26 $ 2,840 82 $ 8,472 0 26 2.!mbfolal: 148 s 14,613 0,0'1'/. 37.1°/• 0.0% 6 22! $ 2_171 25 68 $ ~.167 6\ 169 ~ 15,rn 0 96 _ 2A Sub1o1al: i 259! $ 23,672 -·. 0.0% 40.4o/. 0.0'/o. --' 15 41 i s '1.704 70 174 s 15,476 7il 169 s 14,986 ---0 155 28 Subtotal: JM S 341257 0.0% 40.3% n.n•1,. 12 2q $ 2,645 40 102 s 9,124 75 IS4 s 16,459 0 127 lC Subtola~; ~ liS! S 28,229 I '-0.0% 0.0'/o o.o-•;,, --!02 s IZ,J41 71! s 8,090 241 3085.3 C} u lD Subtotat: ~ 173 $ 23.520 _., -~-------$ 192,814 s 2.500 ' s C.,SOO 7 !:Ubtotal: $ 9,000 _, ----------s 20IJ&14 598,!11; SM.60 $40.47 RESOLUTION TO BE SUBMITTED 529 R7 -Resolutions R7F A Resolution Waiving, By 5/7ths Vote, Competitive Bidding, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Negotiate An Agreement For The Management And Operation Of The City's Flamingo And North Shore Park Tennis Centers With Miami Beach Tennis Management, LLC And, If Successful, Further Authorizing The City Manager To Bring The Final Negotiated Agreement Back To The City Commission For Approval. (Parks & Recreation) (Memorandum to be Submitted in Supplemental) 530 Agenda Item /;7 F Date: 5-Jtf RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, COMPETITIVE BIDDING, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT FOR THE MANAGEMENT AND OPERATION OF THE CITY'S FLAMINGO AND NORTH SHORE PARK TENNIS CENTERS WITH MIAMI BEACH TENNIS MANAGEMENT, LLC AND, IF SUCCESSFUL, FURTHER AUTHORIZING CITY MANAGER TO BRING THE FINAL NEGOTIATED AGREEMENT BACK TO THE CITY COMMISSION FOR APPROVAL. WHEREAS, on April 15, 2007, the City entered into an agreement with Green Square, Inc. (Green Square) for the management and operation of the City's Flamingo Park and North Shore Tennis Center (the Agreement) for an initial term of three (3) years, with an option to renew for two (2) additional one year terms; and WHEREAS, the term of the Agreement expired on April 14, 2012; since then, the Agreement has been on a month to month term, until such time as a new Request for Proposals could be issued (to coincide with the conclusion of construction and re-opening of the new Flamingo Park Tennis Center}, and a new contract entered into; and WHEREAS, on February 6, 2013, the Mayor and City Commission approved and authorized the issuance of RFP 095-2013 for the Comprehensive Professional Tennis Management and Operations Services at the City's Flamingo Park and North Shore Tennis Centers (the RFP); and WHEREAS, an Evaluation Committee convened to hear presentations from the proposers on May 13, 2013, and recommended Miami Beach Tennis Management, LLC as the top ranked proposer; and WHEREAS, the City Manager exercised his own due diligence pertaining to the ranked proposals, and concurred with the Committee's recommendation; and WHEREAS, the Manager's recommendation was presented to the City Commission at its September 11, 2013 meeting; after extensive deliberation, which also included extensive public comment, the City Commission voted to reject all proposals submitted pursuant to the RFP; continued the current Agreement with Green Square on a month to month term; and directed the City Manager to report back with a recommendation as to how to proceed with regard to providing the aforestated tennis management services; and WHEREAS, on January 9, 2014, Commissioner Tobin placed a discussion and action item to be heard at the January 151h City Commission meeting, which included discussion regarding the selection of the management contract for the tennis facilities at North Shore and Flamingo Park; at the request of several members of the public who contacted his office, Commissioner Tobin deferred his Agenda item to the February 12, 2014 City Commission meeting; and 531 WHEREAS, following discussion and public comment at the February 12, 2014 meeting, the City Commission initially voted to waive competitive bidding, as permitted pursuant to Section 2-367(e) of the City Code, and authorized the City Manager to negotiate an agreement for the operation and management of the City's tennis centers with Miami Beach Tennis Management; and WHEREAS, however, in light of an allegation made by Green Square's counsel, objecting to the waiver of competitive bidding, on the grounds that the City had not complied with the procedural requirements of Section 2-367(e) of the City Code; and, further, in order to be fully transparent with regard to this matter, the City Commission, acting on the recommendation of the City Attorney's Office, subsequently amended its motion (at that same February 12, 2014 City Commission meeting) to clarify that the action taken on February 12 1h was not intended to be final and binding, but rather an expression of sentiment of the Commission's intent to waive competitive bidding; and WHEREAS, it was concluded that the matter would be brought back at the March 5, 2014 City Commission meeting, as a formal request for waiver of competitive bidding to award the contract to Miami Beach Tennis Management; and WHEREAS, the City has complied with all the procedural requirements and conditions precedent to the City Commission's consideration of a waiver of competitive bidding, as same are set forth in Section 2-367(e) of the City Code and the proposed waiver is properly before the City Commission; and WHEREAS, following discussion of this matter at the March 5, 2014 City Commission meeting, and having considered the City Manager's written recommendation, as set forth in the Commission Memorandum accompanying this Agenda item, and attached and incorporated as Exhibit "A" to this Resolution, the City Commission finds that it is in the best interest of the City to waive competitive bidding, and to, authorize the City Manager to negotiate an agreement with Miami Beach Tennis Management. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive, by 5/7ths vote, competitive bidding, finding such waiver to be in the best interest of the City, and authorize the City Manager to negotiate an agreement for the management and operation of the City's Flamingo and North Shore Park Tennis Centers with Miami Beach Tennis Management, LLC and, if successful, further authorizing City Manager to bring the final negotiated agreement back to the City Commission for approval. PASSED and ADOPTED this ___ day of ______ , 2014. ATTEST: CITY CLERK MAYOR F:\ATTOIAGUR\RESOS-ORD\Fiamingo Tennis Center Reso (2-25-14).Docx 532 APPROVED AS TO FORM & LANGUAGE &FOR CUTION -z_-l~-14- Date THIS PAGE INTENTIONALLY LEFT BLANK 533 !V\I.A!\1\I BEi\CH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk Tel: (305) 673-7411, Fax: (305) 673-7254 To: from: Mayor Philip Levine and Members of Jimmy L. Morales, City Manager COMMISSION MEMORANDUM he City C~on::>o Date: March 5, 2014 Subject: BOARD AND COMMITIEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Ad Hoc Committee Centennial Celebration Ad Hoc Committee Flooding Task Force Sunsets May 31, 2014 Affordable Housing Advisory Committee 7 9 11 Commissioner Ed Tobin Commissioner Jonah M. Wolfson Commissioner Michael Grieco Commissioner Micky Steinberg Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Joy Malakoff Commissioner Michael Grieco Commissioner Micky Steinberg Mayor Philip Levine City Commission Will be modified May 31, 2014 Page 2 1 Page 3 7 Page 4 Page 5 We are committed to providmg excellent public service and safety to all who live, work and play in our vibrant, tropica, Agenda Item ~R .......... Cf ...... A...__..,... 3-S-/'f 535 Date VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Beautification Committee 8 Commissioner Deede Weithorn Page 7 Commissioner Ed Tobin 1 Sunsets May 31, 2014 Commissioner Michael Grieco 1 Mayor Philip Levine 1 Bicycle-Pedestrian Facilities Advisory 7 Commissioner Ed Tobin 1 Page 8 Committee Commissioner Joy Malakoff 1 Commissioner Michael Grieco 1 Sunsets May 31, 2014 Commissioner Micky Steinberg 1 Mayor Philip Levine 1 Capital Improvements Projects 9 City Commission 6 Page 12 Oversight Committee Mayor Philip Levine 1 Page 13 Sunsets May 31, 2014 Committee for Quality Education in 15 Commissioner Michael Grieco 1 Page 14 MB Committee on the Homeless 9 Commissioner Michael Grieco Page 16 Commissioner Micky Steinberg 1 Mayor Philip Levine 3 Community Development Advisory 14 Commissioner Ed Tobin Page 17 Committee Commissioner Jonah M Wolfson Commissioner Joy Malakoff 2 Commissioner Michael Grieco 2 Sunsets May 31, 2014 Commissioner Micky Steinberg Mayor Philip Levine 2 Community Relations Board 17 Commissioner Deede Weithorn 1 Page 19 Sunsets May 31, 2014 Commissioner Michael Grieco Mayor Philip Levine Convention Center Advisory Board 7 Commissioner Deede Weithorn Page 21 Commissioner Ed Tobin Commissioner Michael Grieco Mayor Philip Levine 536 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. Debarment Committee 7 Sunsets May 31, 2014 Design Review Board 7 Fine Arts Board 14 Sunsets September 30, 2014 Gay, Lesbian, Bisexual and 15 Transgender (GLBT) Golf Advisory Committee 12 Sunsets May 31, 2014 Health Advisory Committee 11 Health Facilities Authority Board 6 Hispanic Affairs Committee 7 Historic Preservation Board 7 Housing Authority 5 APPOINTED BY: TOTAL VAC PAGE Commissioner Jonah M. Wolfson Commissioner Joy Malakoff Commissioner Micky Steinberg Mayor Philip Levine City Commission Commissioner Jonah M. Wolfson Commissioner Joy Malakoff Commissioner Michael Grieco Commissioner Micky Steinberg Mayor Philip Levine Commissioner Ed Tobin Mayor Philip Levine Commissioner Deede Weithorn Commissioner Micky Steinberg Mayor Philip Levine City Commission City Commission Commissioner Micky Steinberg Mayor Philip Levine City Commission Mayor Philip Levine 537 Page 22 2 Page 23 Page 27 2 2 2 1 Page 28 2 1 Page 29 1 1 3 Page 30 Page 32 Page 33 1 1 Page 34 2 Page 35 ---------------~~---------------- VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. Loan Review Committee 7 Sunsets May 31 , 2014 Marine Authority 7 Will be modified May 31, 2014 Miami Beach Commission For 21 Women Miami Beach Human Rights 9 Committee Miami Beach Sister Cities Program 24 Police Citizens Relations Committee 17 Will be modified May 31, 2014 Safety Committee 14 Sunsets May 31 , 2014 Single Family Residential Review 3 Panel Sustainability Committee 7 Tennis Advisory Committee 7 Sunsets May 31 , 2014 APPOINTED BY: Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Michael Grieco Commissioner Micky Steinberg Mayor Philip Levine Commissioner Joy Malakoff Mayor Philip Levine Commissioner Ed Tobin Commissioner Michael Grieco Mayor Philip Levine Mayor Philip Levine Mayor Philip Levine Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Micky Steinberg Mayor Philip Levine Commissioner Deede Weithorn Commissioner Joy Malakoff Commissioner Micky Steinberg Mayor Philip Levine Jimmy Morales, City Manager Mayor Philip Levine Commissioner Joy Malakoff Commissioner Micky Steinberg Mayor Philip Levine 538 TOTAL VAC PAGE 1 Page 37 1 1 1 1 1 Page 38 Page 39 2 Page 43 1 € Page 44 2 Page 52 1 1 Page 55 2 1 2 3 Page 56 1 Page 57 1 Page 58 1 1 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: Transportation and Parking Committee 14 Commissioner Ed Tobin Mayor Philip Levine Will be modified May 31, 2014 Waterfront Protection Committee Sunsets May 31, 2014 Youth Center Advisory Board Sunsets May 31, 2014 10 10 Commissioner Deede Weithorn Commissioner Ed Tobin Mayor Philip Levine Commissioner Michael Grieco Commissioner Micky Steinberg Mayor Philip Levine Attached is breakdown by Commissioner or City Commission: JLM:REG/sp e 539 TOTALVAC PAGE Page 59 Page 60 Page 62 Page 63 EXHIBIT "A"-New Compositions Pursuant to Ordinance 2014-3841 Affordable Housing Committee New Composition Effective May 31, 2014: The Affordable Housing Advisory Committee shall consist of eighteen (18) voting members with two-year terms. • Seven (7) members of the Affordable Housing Advisory Committee shall be direct appointments, one made by the Mayor and each commissioner. • The remaining eleven (11) members shall be appointed at large by a majority vote of the Mayor and City Commission. Parks and Recreational Facilities Board New Composition Effective May 31. 2014: The Parks and Recreational Facilities Board shall be comprised of thirteen ( 13} voting members: • Seven (7) direct appointments, one made by the Mayor and each commissioner. • Six (6) at-large appointments as follows: Youth Center-Two (2) members having an affiliation with the city's youth centers, with one member affiliated with the Scott Rakow Youth Center, and one member with the North Shore Park Youth Center. Golf -Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the sport of golf. Tennis -Two {2) members who have demonstrated a high degree interest, participation and/or expertise in the sport of tennis. Police/Citizens Relations Committee New Composition Effective May 31. 2014: The Committee shall consist of fourteen {14) voting members: The members shall be direct appointments, with the Mayor and City Commissioners, each making two individual appointments. 540 Marine and Waterfront Protection Authority New Composition Effective May 31. 2014: The Authority shall consist of fourteen (14) voting members, who shall be direct appointments by with the Mayor and City Commissioners each having two (2) direct appointments. Transportation, Parking and Bicycle-Pedestrian Facilities Committee New Composition Effective May 31. 2014: The Committee shall consist of fourteen (14) voting members. The Mayor and City Commissioners shall each make one direct appointment, with the other seven (7) members of the Committee to be comprised of members from the following community organizations, each of which must delegate a permanent coordinating representative: 1. Miami Beach Chamber of Commerce's Transportation and Parking Committee; 2. Miami Beach Community Development Corporation; 3. Ocean Drive Association; 4. Miami Design Preservation League; 5. North Beach Development Corporation; 6. A Mid-Beach Neighborhood or Business Association; 7. Llncoln Road Marketing, Inc. F \CLER\$ALL\REG\COMMISSION MEETINGS\New Board Composiation.docx 541 Board and Committees Current Members Ad Hoc Charter Review Board 2013-28446 Composition: Pursuant to Miami Beach City Charter Section 8.01, the Charter shall be reviewed ten (10) years from November 3, 1993 and each tenth year thereafter. The board to be compsed of seven (7) members who shall be a direct appointment of the individual City Commissioners and the Mayor, and whose term shall commence on January 2, 2014 and expire on May 2, 2014 (subject to earlier or later sunset by the City Commission). The Board's powers of review shall include submittal of a report to the City Commission by May 2, 2014, which report shall include any recommendations concerning propposed amendments to the City's Charter. City Liaison: Rafael E. Granado Members: Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Jonathan Beloff 05/02/2014 Commissioner Joy Malakoff Richard Preira 05/02/2014 Commissioner Jonah M. Wolfson Richard Alhadeff 05/02/2014 Commissioner Micky Steinberg Richard (Rick) Kendle 05/02/2014 Commissioner Ed Tobin Sarah Johnston 05/02/2014 Commissioner Deede Weithorn Sherry Kaplan Roberts 05/02/2014 Commissioner Michael Grieco Stephen Zack 05/02/2014 Mayor Philip Levine Wednesday, February 26, 2014 Page 1 of63 542 Board and Committees Current Members Ad Hoc Committee Centennial Celebration 2013-28269 Composition: The members of this Ad-Hoc Comitee shall have the duty to provide ideas and recommendations pertaining to all matters with respect to events and activities related to the City of Miami Beach Centennial on March 26, 2015, and who shall report to and receive direction from the City Commission, and which shall be comprised of seven (7) members who are direct appointments by the Mayor and City Commisison with terms of membership to begin on July 31, 2013 and expring on July 31, 2014 (subject to earlier or later sunet by the City commission). City Liaison: Max Sklar Vacancy: Members: Name vacant Vacant To replace Paul Cejas To replace Ray Breslin Last Name Dawn McCall George Neary Reagan Pace Positionffitle Applicants Positionn'itle Meryl Wolfson Wednesday, February 26,2014 07/31/2014 Commissioner Jonah M. Wolfson 07/31/2014 Commissioner Ed Tobin 07/31/2014 Commissioner Micky Steinberg 07/31/2014 Commissioner Michael Grieco Term Ends: Appointed by: Term Limit: 07/31/2014 Commissioner Joy Malakoff 07/31/2014 Commissioner Deede Weithorn 07131/2014 Mayor Philip Levine Applicants Positionffitle Page2of63 543 Board and Committees Current Members Ad Hoc Committee Flooding Task Force 2013-28305 Composition: The Committee shall consist of nine (9) members, seven (7) of whom shall be direct appointees by the Mayor and City Commissioners. Two (2) additional members as follows: a) one (1) member representing the Police and Fire Departments, and one (1) member representing the Public Works and OP Departments, wich would report to and receive direction and input from the City Commission, with terns of membership to begin on August 25, 2013 and expiring on August 25, 2014 (subjet to earlier or later sunset by the City Commission). As per resolution 2014-28497, the committee will sunset effective on May 31, 2014. City Liaison: Eric carpenter Vacancy: Members: To replace Emily Eisenhauer To replace Richard D'Amura Vacant To replace Wayne Pathman Vacant Vacant Rep. P. W. and CIP Dep Rep. Police & Fire Dept 05/31/2014 Commissioner Joy MalakofF 05/31/2014 Commissioner Michael Grieco 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Micky Steinberg 05/31/2014 Commissioner Ed Tobin 05/31/2014 Commissioner Deede Weittmrn Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: James Raul 05/31/2014 Commissioner Jonah M. Wolfson Applicants Position!fitle Applicants Positionffitle Kay Coulter Wednesday, February 26, 2014 Page3of63 544 Board and Committees Current Members Affordable Housing Advisory Committee Sec. 2-167 Composition: The committee shall consist of eleven (11) voting members with two (2) year terms appointed at large by a majority vote of the Mayor and City Commission: One citizen: 1) One citizen actively engaged in the residential home building industry in connection with affordable housing; 2) One citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing;. 4) One citizen actively engaged as an advocate for low-income persons in connection with affordable housing; 5) One citizen actively engaged as a for-profit provider of affordable housing; 6) One citizen actively engaged as a not-for-profit provider of affordable housing; 7) One citizen actively engaged as a real estate professional in connection with affordable housing; 8) One citizen who actively serves on the local planning agency pursuant to Florida Statute § 163.3174 (Planning Board member); 9) One citizen who resides within the jurisdiction of the local governing body making the appointments; 10) One citizen who represents employers within the jurisdiction; 11) One citizen who represents essential services personnel, as defined in the local housing assistance plan; Members of the Loan Review Committee, members of the Community Development Advisory Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEmNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archive" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. AS PER ORDINANCE 2014-3841, NEW COMPOSmON EFFECTIVE MAY 31, 2014: The affordable Housing Advisory Committee shall consist of eighteen (18) voting members with two- year terms. Seven (7) members of the Affordable Housing Advisory Committee shall be direct appointments, one made by the Mayor and each Commissioner. The remaining (11) members shall be appointed at large by a majority of the vote of the Wednesthzy, February 26, 2014 Page4of63 545 Board and Committees Current Members Mayor and City Commission. City Liaison: Richard Bowman Vacancy: Members: To replace Stephanie Berman To replace Robert Sa land To replace Mark Wohl To replace Adrian Adorno To replace Charles Urstadt To replace Guy Simani To replace Jeremy Glazer (6) Not for Profit 12/31/2014 City Commission (1) Res. Home Bldg. 12/31/2014 City Commission (7) Real Estate Prof. 12/31/2015 City Commission (9) Res. Juris Local Gov 12/31/2015 City Commission (8) Local Plann. Bd. 12/31/2014 Oty Commission (10) Rep. Empl. Wilh/J 12/31/2015 City Commission (4) Low-Income Adv 12/31/2015 City Commission Name Last Name Position/Title Term Ends: Appointed by: Term Limit: David Smith Juan Rojas Karen Fryd Muayad Abbas Applicants Andrew Fischer Dr. Barry Ragone Gotlinsky Barbara Joseph Landesman Ryan Homan Wednesday, February 26,2014 (3) Rep. Labo H.Bid. TL 12-3 (2) Banking/Mortgage (11) Rep Essential Ser. (5) For Profit Position!fitle 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission Applicants Positionffitle Britta Hanson Emily Eisenhauer Jason Biondi Marie Towers Stephen Zack 546 Page5of63 12/31/14 12/31/16 12/31/19 12/31/17 Board and Committees Current Members Art in Public Places Composition: Two (2) year term. Appointed by a minimum of 4 votes. Sec. 82-661 Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?=72497. Alternatively, the Release can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Uaison : Dennis Leyva Members: Name Last Name Cathy Byrd Chana Sheldon Janda Wetherington Lisette Olemberg- Goldstein Megan Riley Ombretta Agro Andruff Susan Caraballo Applicants Adrian Gonzalez Alexander Orlofsky Ammette Mason Carolyn Baumel Cindy Brown Dale Stine Elizabeth Schwartz Francis Trullenque Leslie Tobin Marjorie O'Neiii-Buttler Michelle Ricci Paolo Ambu Sharon Dodge Susan Schemer Wednesday, February 16, 20U Positionffitle (TL 12/31/2014) Positionffitle Term Ends: Appointed by: Term Limit: 12131/2014 City Commission 12131/2015 City Commission 12131/2014 City Commission 12131/2015 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission Applicants Positionffitle Adrienne Krieger Allee Newhoff Annette Fromm Christina LaBuzetta Claire Warren David Lombardi Francinelee Hand Laura Bruney Lori Nieder Michael McManus Nicole Doswell Scott Robins Stephen Zack Veronica Camacho 547 Page6of63 12131/19 12/31/19 12131/16 12131/14 12/31/16 12/31/19 12/31/18 Board and Committees Current Members Beautification Committee Sec. 2-36 Composition: Eight (8) members, seven (7) of whom shall be direct appointees by the Mayor and City Commissioners. The chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory Committee or designee who shall serve as a nan-voting ex-officio member. AS PER ORDINANCE 2014-3841, THIS COMMITTEE WILL BE DELmD IN ITS ENTIRETY ON 05/31/2014. City Liaison: Millie McFadden Vacancy: Members: Name Lidia Maria Moni To replace Silvia Rotbart To replace Daniel Nixon To replace Lucero Levy To replaceTerry Blechman Last Name Resnick Koller Cohen Positionffitle 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Deede Weithorn 05/31/2014 Commissioner Michael Grteco 05/31/2014 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: 05/31/2014 05/31/2014 05/31/2014 Commissioner Joy Malakoff 12131117 Commissioner Jonah M. Wolfson 12/31115 Commissioner Micky Steinberg 12/31118 Ex-offido Chair of Mayor Ad-Hoc Garden Center Applicants Adrienne Krieger Cindy Brown Dr. Corey Narson Marivi Iglesias Mitchell Korus Peter Vallis Stephen Zack Tiffany Lapciuc Wednesday, February 16, 1014 Position!fitle Applicants Amy Rabin Dina Dissen Judith Berson-Levinson Michelle Ricci Monica Acevedo Scott Robins Tamra Sheffman Veronica Camacho 548 Positiontritle Page 7of63 Board and Committees Current Members Bicycle-Pedestrian Facilities Advisory Committee 2013-3793 Composition: The purpose of the Bicycle-Pedestrian Facilities Advisory Committee is to improve the lives of residents and visitors by promoting the development, sound management, and use of public facilities dedicated to bicycles and pedestrians in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public bicycle and pedestrian facilities to the City Commission for such action as the City Commisison may deem appropriate. The Committee shall be composed of seven (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in matters relating to facilities for bicycles and pedestrians in the City. The Mayor and City Commissioners shall each make one direct appointment to the committee. AS PER ORDINANCE 2014-3841, TI-HS COMMmEE WILL BE DELETED IN ITS ENTIRETY ON 05/31/2014. City Liaison: Jose Gonzalez Vacancy: Members: To replace Ada Llerandi To replace Sharon Dodge To replace Mihaly Lenart To replace Frederick C. Sake Vacant Name Last Name Position!fitle Aaron Davis Marko Lukovic Applicants Position/Title Barbara Herskowitz Jason Biondi Kay Coulter Mance Buttram Zachary Cohen Wednesday, February 26, 2014 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Joy Malakoff 05/31/2014 Commissioner Ed Tobin 05/31/2014 Commissioner Micky Steinberg 05/31/2014 Commissioner Michael Grieco Term Ends: Appointed by: Term Limit: 05/31/2014 Commissioner Jonah M. Wolfson 12/12/20 05/31/2014 Commissioner Deede Weithorn 12/12/20 Applicants Positionffitle Darin Feldman Kara White Kenneth Bereski II Mark Levine 549 Page8of63 Board and Committees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a 5/7th vote. RSA 1-2 Sec 118- 1 "'1 Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial COnsultation, and General Business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial COnsultant or investment advisor registered with the Securities and Exchange COmmission, or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be appointed for a term of two years by a five-seventh vote of the city commission. Members of the Board of Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the Board of Adjustment. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under CI1Y MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission Meeting, and click on City COmmission At-Large Nominations. City Liaison: Antonieta Stohl Members: Name Last Name Barton Goldberg Bryan Rosenfeld Heidi Tandy Larry Colin Noah Fox Richard Preira Richard Baron Applicants Aaron Davis Andres Asian Bradley Colmer David Wieder Frank Del Vecchio Wednesday, February 26,2014 Positionffitle Financial Advisor CPA At-Large Gen. Business Real Estate Developer Law At-Large Positionffitle Term Ends: Appointed by: Term Limit: 1213112015 City Commission 12131119 12131/2015 City Commission 12/31/15 12131/2015 City Commission 12/31119 12/31/2015 City Commission 12/31/19 12/31/2014 City Commission 12/31/18 12131/2014 City Commission 12131/16 12/31/2014 City Commission 12131/19 Applitants Positionffitle Alexander Annunziato Andrew Fischer Brian Ehrlich Deborah Castillo Gabriel Paez 550 Page 9 of63 (Continued. ... Board and Committees Current Members Gary Twist Jack Benveniste Jeffrey Feldman Jonathan Beloff Kristen Rosen Gonzalez Muayad Abbas Richard Alhadeff Scott Needelman Victor Ballestas Wednesday, February 26, 2014 Guy Simani James Silvers Jessica Conn Kathleen Phang Mark Alhadeff Nelson Fox Roberta Gould Seth Frohlich Wesley Castellanos 551 Pagel0of63 Board and Committees Current Members Budget Advisory Committee Sec. 2-44 Composition: Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment. Two (2) at-large appointments: one {1) certified public accountant and one {1) for a financial advisor. Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing currnet information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id= 72497 Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CTIY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: John Woodruff Members: Name Last Name Positionffitle Brian Harris Financial Adv. Christopher Pace David Lancz Dushan Koller Jack Benveniste John Gardiner Marc Gidney C. P A.(TL12/31/2014) Ronald Starkman Stephen Hertz Applicants Position!fitle Bryan Rosenfeld Dwight Kraai Eric Lawrence John Bowes Mario Coryell Regina Suarez Wednesday, February 26, 2014 Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2015 Mayor Philip Levine 12/31/19 12/31/21 12/31/2014 Commissioner Deede Weithorn 12/31/18 12/31/2015 Commissioner Jonah M. Wolfson 12/31/15 12/31/2015 CommissionerJoyMalakoff 12/31/15 12/31/2015 12/31/2014 Commissioner Michael Grieco City Commission 12/31/16 12/31/14 12131/2014 Commissioner Micky Steinberg 12131/21 12/31/2014 Commissioner Ed Tobin 12131/16 Applicants Carl Linder Elliott Alhadeff Jason Witrock Lisa Ware Noah Fox Robert Schwartz 552 Positionffitle Page II of63 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input to the committee. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. AS PER ORDINANCE 2014-3841, THIS COMMITTEE WILL BE DELETED IN ITS ENTIRETY ON 05/31/2014. City Liaison: David Martinez Vacancy: To replace Brian Ehrlich Wednesday, February 16,2014 (C3) Developer 05/31/2014 City Commission Pagel2of63 553 Board and Committees Current Members To replace Dwight (2) Engineer 05/31/2014 City Commission Kraai To replace (C5) Developer 05/31/2014 City Commission Christina Cuervo To replace Saul (1) Mayor Designee 05/31/2014 Mayor Philip Levine Gross To replace (C2) Architect 05/31/2014 City Commission Elizabeth Camargo To replace Cheryl (C4) At-large 05/31/2014 City Commission Jacobs To replace Stacy (C3) Coonst. Gen. Contr 05/31/2014 City Commission Kilroy Members: Name Last Name Positiontritle Term Ends: Appointed by: Term Limit: Robert Tony Applicants Rabinowitz Trujillo Annsheila Turkel Daniel Manichello Elliott Alhadeff Harold Foster James Lloyd Jurgen Brendel Wednesday, February 26, 2014 {C5) Engineer {C4) Cap.Budg/Finance Positionffitle 05131/2014 City Commission 05131/2014 City Commission Applicants Carl Linder Dominique Bailleul Gianluca Fontani lvette Isabel Borrello John Turchin Kay Coulter 554 Positionffitle Page 13of63 12131/17 12/31/16 Board and Committees Current Members Committee for Quality Education in MB Sec. 2-190.134 Composition: The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows. A representative from each of the following eight schools, selected by the Parent Teacher Association: North Beach Elementary, Biscayne Elementary, Feinberg-Fisher K-8 Center South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad K-8 Center Treasure Island Elementary School, and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct appointments by the mayor and city commissioner with no more than three who can be employed or contracted by Miami-Dade County public shcools. The City Commission shall designate two (2) of its members to serve as City Commission liaisons who shall report to the City Commission actions of the Committee for Quality Education; the City Manager shall further designate a member of city staff to serve as a liaison who shall report the Committee's actions to the City Manager. City Liaison: Dr. Leslie Rosenfeld Vacancy: To replace Sheila 12/31/2014 Commissioner Michael Grieco Duffy-Lehrman Vacant City Comm. Designee Members: Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Betsy Beverly Judith Karen Keren Tiffany Christy Farhat Mateu Heller Berson-Levinson Rivo Bajaroff Heckler 12/31/2014 12/31/2015 12/31/2014 12/31/2015 12/31/2014 12/31/2015 Dr. Leslie Rosenfeld Rep. of the PTA South Pointe Elementary-6/30/14 ACM/Oty Manager designee Elisa Leone Ivette Birba Jill Swartz John Aleman Rebeka Cohen Rosa Neely Tamar Oppenheimer Rep. of the PTA for Biscayne Elementary 06/30/14 Rep. of the PTA for Feinberg Fisher K-8 6/30/14 Rep. of the PTA for MB Sr. High School -06/30/14 Rep. of PTA North Beach Elem. School 06/30/14 Rep. of the PTA for Nautilus Middle School-6/30/14 Rep. of PTA for Treasure Island Elem. 06/30/14 Rep. PTA for Ruth K. Broad K-8 6/30/14 Wednesday, February 26, 20U 555 Mayor Philip Levine 12/31/21 Commissioner Micky Steinberg 12/31/16 Commissioner Joy Malakoff 12/31/21 Commissioner Deede Weithorn 12/31/15 Commissioner Ed Tobin 12/31/15 Commissioner Jonah M. Wolfson 12/31/18 Page U of 63 (Continued .... Board and Committees Current Members Vacant Vacant Applicants David Crystal Elaine Litvak Joanna-Rose Kravitz Laura Cullen Marina Aviles City Commission designee City Commission designee Positionffitle Wednesday, February 16, 20U Applicants Dr. Elsa Orlandini Elaine Stone Kristen Rosen Gonzalez Laurie Kaye Davis Marjorie York 556 Positionffitle Pagel5of63 Board and Committees Current Members Committee on the Homeless Composition: The committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one (1}. Sec. 2-161 The chairperson of the Committee on the Homeless or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. Each member of the committee shall be selected from membership in an organization such as, but not limited to the following: Service Providers: Douglas Gardens Community Mental Health, Salvation Army, Better Way, Miami Dade County Homeless Trust; (Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and for Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider), city officials, representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Maria Ruiz Vacancy: Members: Name Dale Gail Liar Rachael Applicants Deborah Robins Helen Swartz Kimberly Diehl Melissa Mokha Muayad Abbas Rocio Sullivan To replace Cary Yee Quee To replace Jonathan Kroner To replace Annsheila Turkel To replace Dale Gratz To replace Prakash Kumar Last Name Positionffitle Gratz (TL 12/31/2014) Harris Leser Zuckerman Positionffitle Wednesday, February 26,2014 12/31/2015 Mayor Philip Levine 12/31/2015 Commissioner Michael Grieco 12/31/2015 Mayor Philip Levine 12/31/2015 Mayor Philip Levine 12/31/2014 Commissioner Micky Steinberg Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Joy Malakoff 12/31/14 12131/2014 Commissioner Ed Tobin 12131/16 12131/2014 Commissioner Jonah M. Wolfson 12131/21 12131/2015 Commissioner Deede Weitharn 12131/17 Applicants Eda Valero-Figueira Irina Pindelea Leah Rey Mitchell Korus Rabbi Daniel Sherbill Rosalie Pincus 557 Positionffitle Page16of63 Board and Committees Current Members Community Development Advisory Committee Composition: Committee shall be composed of fourteen (14) members. The Mayor and City Commissioners shall each make two (2) direct appointments. Sec. 2-190.110 The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following ways: 1) At least seven (7) appointees shall either be: (a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or (b) either city residents, or non-residents, who hold a leadership position in organizations that provide community development services to low and/or moderate-income people or neighborhoods, preferably within the city, provided, however, the organization that the appointee holds such position in cannot be a current or future recepient of city CDBG or HOME funds. 2) The remaining appointees shall either be: a) A resident or a locally desginated community development target area for a miminum of six (6) months; or, b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a locally designated community development target area for a minimum of six (6) months. AS PER ORDINANCE 2014-3841, THIS COMMmEE WILL BE DELETED IN ITS ENTIRETY ON 05/31/2014. City Liaison: Alex Ballina Vacancy: Members: Name Adam Alexander Christina Dorian James To replace Dona Zemo To replace Natalie Target Area Koller To replace Karen Fryd To replace Marina Aviles To replace Mark Hayes Ro replace Zachary Cohen To replace Harvey Burnstein To replace Andrew Fuller To replace Mark Balzli Last Name Position!I'itle Greenberg Orlofsky LaBuzetta Nicholson Weingarten Wednesday, February 16, 2014 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Michael Grieco 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Michael Grieco 05/31/2014 Commissioner Jonah M. Wolfson 05/31/2014 Commissioner Joy Malakoff 05/31/2014 Commissioner Ed Tobin 05/31/2014 Commissioner Micky Steinberg 05/31/2014 Commissioner Joy Malakoff Term Ends: Appointed by: Term Limit: 05/31/2014 Commissioner Deede Weithorn 12/31/19 05/31/2014 Commissioner Micky Steinberg 12/31/21 05/31/2014 Commissioner Jonah M. Wolfson 12/31/19 05/31/2014 Commissioner Deede Weithorn 12/31/20 05/31/2014 Commissioner Ed Tobin 12/31/18 Page 17 of 63 (Continued. ... 558 Board and Committees Current Members Applicants Adrian Adorno Andrew Fischer Dr. Barry Ragone Jeffrey Graff Mark Wohl Monica Matteo-Salinas Sarah Johnston Wednesday, February 26, 2014 Positionffitle Applicants Alejandro Dominguez Christina Nicodemou Guy Simani Juan Rojas Michael Rotbart Russell Hartstein Stanley Shapiro 559 Positionffitle Pagel8of63 Board and Committees Current Members Community Relations Board Sec. 2-190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shalll be voting members to be appointed in the following manner: Seven (7) direct appointments, with the Mayor and each City Commissioner appointing a member. Three (3) members shall be appointed by the City Manager and one (1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its membership. Four ( 4) non-voting, ex-officio members shall be the chairpersons or designees of the following: Commission on the Status for Women Committee on the Homeless, Hispanic Affairs Committee, and Police/Citizen Relations Committee. Two (2) non-Voting ex-officio,: the police chief or his or her designee and the director of the Bureau of Children's Affairs. The composition of the board shall be reviewed every two (2) years. AS PER ORDINANCE 2014-3841, THIS COMMITTEE IS DELETED IN ITS ENTIRETY ON 05/31/2014. City Liaison: Lynn Bernstein Vacancy: Members: Name Amy Andres Darin Debra Jonathan Marta Rabbi Solomon Lisa Ware Malia Ruiz Marjorie York Patty Hernandez Applicants To replace Barbara Montero Vacant To replace Brad Fleet 05/31/2014 Commissioner Michael Grieco 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Deede Weithorn Last Name Positiontritle Term Ends: Appointed by: Term Limit: Rabin 05/3112014 As ion 05/3112014 Feldman 05/3112014 Schwartz 05/31/2014 Parker 05/3112014 Martinez Aleman 05/3112014 Schiff 05/3112014 ex-officio Police Chief Designee ex-officio of Police Citizens Relations Committee ex-officio of Miami-Dade Comm. Relation Board ex-officio of the Committee on lt1e Homeless ex-officio Director of the Bureau Childrens Affair ex-officio of MB Commission for Women ex-offido of Hispanic Affairs Committee Position!fitle Applicants Commissioner Joy Malakoff 12131/21 Kathie G. Brooks, Int. City 12131/20 Manager Jimmy L. Morales, City Manager 12/31/19 Commissioner Ed Tobin 12131/15 Commissioner Jonah M. Wolfson 12131/21 Jimmy L. Morales, City Manager 12131/21 Commissioner Micky Steinberg 12131/15 Position!fitle Wednesday, February 16,2014 Page 19 of63 (Continued .... 560 Board and Committees Current Members Betsy Mateu Claudia Moncarz Dale Gratz David Alschuler David Crystal Irene Valines Ivan Rusilko Jacobo Epelbaum Jason Witrock Joanna-Rose Kravitz Jordan Nadel Lateresa Jones Lori Gold Maria Zayas-Bazan Mark Balzli Monica Matteo-Salinas Peter Vallis Susan Schemer Wednesday, February 16, 20U Page20of63 561 Board and Committees Current Members Convention Center Advisory Board Composition: The board shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one (1) direct appointment. Sec. 2-46 The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non voting ex-officio member. The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a non voting ex-officio member. Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the city manager's office shall serve as non-voting ex-officio members. City Liaison: Max Sklar Vacancy: Members: To replace Stuart Blumberg To replace Tim Nardi To replace Alan Lips To Replace Joshua Wallack 12/31/2015 Mayor Philip Levine 12/31/2015 Commissioner Deede Weithorn 12/31/2014 Commissioner Michael Grieco 12/31/2014 Commissioner Ed Tobin Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Elizabeth Jacqueline Roger Resnick Hertz Abramson Bob Balsam ex-off. Global Spectrum Ac:lm Rep. Ita Moriarty ex-officio, GMCVB Ac:lm Rep Michael 5. Goldberg ex-offido, Chairperson Bd. Of Dir. MBCC 12131/2015 12131/2015 12/31/2014 Commissioner Jonah M. Wolfson 12131/20 Commissioner Micky Steinberg 21/31/21 Commissioner Joy Malakoff 12131/16 Vacant ex-officio member of the City Manager's Office Applicants Carl Linder Elizabeth Carmargo Gotlinsky Barbara Mark Wohl Michael Rotbart Natalie Koller Victor Ballestas Wednesday, February 26, 2014 Positionffitle Applicants David Lombardi Gayle Durham Jared Galbut Michael Bernstein Mihaly Lenart Steve Berke 562 Position!fitle Page21 of63 Board and Committees Current Members Debarment Committee Sec. 2-190.128 Composition: The committee shall consist of seven (7) voting members to be individually appointed by the Mayor and Commissioners. The committee's purpose is to evaluate and, if warranted, to impose debarment as provided in Sections 2-397 through 2-406 of the City Code to exclude a contractor (and, in limited instances, a bidder or proposer) from city contracting and city approved subcontracting. AS PER ORDINANCE 2014-3841, THIS COMMITTEE WILL BE DELETED IN ITS ENTIRETY ON 05/31/2014. City Liaison: Alex Denis Vacancy: Members: Name Anthony Darius Zachary Applicants To replace Joseph Hagen To replace Dr. Ronald Shane To replace Stephen . Zack To replace Antonio Hernandez Jr. Last Name Broad Asly Cohen Positionffitle Position!fitle Jacqueline Lalonde Lori Gold Wednesday, February 26, 2014 05/31/2014 Commissioner Jonah M. Wolfson 05/31/2014 Commissioner Micky Steinberg 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner loy Malakoff Term Ends: Appointed by: Term Limit: 05/31/2014 Commissioner Ed Tobin 12/31/16 05/31/2014 Commissioner Deede Weithom 12/31/17 05/31/2014 Commissioner Michael Grieco 12/31/21 Applicants Position!fitle John Bowes Page22of63 563 Board and Committees Current Members Design Review Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members. The seven (7) regular members shall consist of: 1) two architects registered in the Untied States; Sec. 118.71 2) an architect registered in state of Florida or a member of the faculty of the school of architecture, urban planning, or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture, or a professional practicing in the fields of architectural design, or urban planning; 3) one landscape architect registered in the state of Florida; 4) one architect registered in the United States, or a profesional practicing in the fields of architectural or urban design, or urban planning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States; and 5) two citizens at large. One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or designee and the City Attorney or designee shall serve in an advisory capacity. Residency and place of business in the county. The two (2) citizen-at-large members and one of the registered landscape architects, registered architects, professional designer or professional urban planners shall be residents of the city. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the OTY MEmNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Thomas Mooney Vacancy: Members: Name Annabel Carol Edgar John Kathleen To replace Leslie Registered Architect Tobin To replace Seraj Lands. Architect Saba Last Name Delgado- Harrington Hausen Sarli Turchin Phang Position/Title Registered Architect At-large Faculty Position At-Large Attorney Wednesday, February 16, 2014 12/31/2015 City Commission 12/31/2015 City Commission Term Ends: Appointed by: Term Limit: 12/31/2015 City Commission 12/31/19 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31/19 12/31/2015 City Commission 12/31/19 12/31/2014 City Commission 12/31/19 Page 13 of63 (Continued .... 564 Board and Committees Current Members Gary Held Thomas Mooney Vacant Applicants Adam Kravitz Alexander Orlofsky Bradley Colmer Bryan Rosenfeld Daniel Hertzberg Elsa Urquiza Francis Steffens Jean-Francais Lejeune Jeffrey Feldman Jessica Conn Jurgen Brendel Marina Novaes Nelson Fox Sarah Johnston Seth Wasserman Suzanne Hollander Victor Ballestas advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Positionffitle Wednesday, February 16,1014 Applicants Alexander Annunziato Andres Asian Brian Ehrlich Clotilde Luce Deborah Castillo Francinelee Hand Gary Twist Jeffrey Cohen Jennifer Lampert Joseph Furst Keith Menin Matthew Krieger Ryan Homan Seth Frohlich Stacy Kilroy Terry Bienstock 565 Positionffitle Page14of63 Board and Committees Current Members Disability Access Committee Composition: The Committee shall be composed of: 2006-3500 s 2-31 A board quorum of eight (8) members and requiring at least eight (8) votes for board action. Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners. 1) persons having mobility impairments; 2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; 3) mental, cognitive or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). 5) One non-voting ex-officio member who is either a member of the disable community or has special knowledge of Americans with Disabiities Act (ADA) issues. As per ordinance 2011-3731, in addition to other power and duties, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to the dissability access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. As per Ordinance 2012-3757 amended Sec. 2-31(0) to increase the number of members from seven(?) to fourteen {14) and amended the quorum requirement City Liaison: Caroline DeFreeze Vacancy: Members: Name David David Dr. Michael Dr. Susan Helen Lawrence Lee Leif Matthew Oliver Russell Sabrina Susana Wendy Last Name New McCauley Alexandri Solman Swartz Fuller Weiss Bertrand Meyer Stern Hartstein Cohen Maroder-Rivera Unger Positionffitle Ex-officio member Wednesday. February 26,2014 Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/15 12/3112014 Commissioner Joy Malakoff 12/31/20 12/31/2015 Commissioner Michael Grieco 12/31/21 12/31/2015 Commissioner Deede Weithorn 12131/19 12/31/2015 Commissioner Joy Malakoff 12/31/18 12/31/2015 Commissioner Micky Steinberg 12/31/2015 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2015 Commissioner Jonah M. Wolfson 12/31/21 12/31/2015 Commissioner Ed Tobin 12/31120 12/31/2014 Commissioner Michael Grieco 12/31/21 12/31/2015 Mayor Philip Levine 12/31/19 12/31/2014 Commissioner Ed Tobin 12/31/17 12/31/2014 Commissioner Micky Steinberg 12/31/2014 Mayor Philip Levine 12/31/16 Page 25 of63 (Continued .... 566 Board and Committees Current Members Applicants Barry Meltz Elaine Stone Wednesday, February 26, lOU Position/Title Applicants Britta Hanson Rafael Trevino 567 Positionffitle Page26of63 Board and Committees Current Members Fine Arts Board Reso 2000-24216 Composition: Fourteen (14) members with Mayor and City Commissioners appointing two (2) members each. The Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural artists, enhances the appreciation for the arts in the community at large, and provides economic stimulation to under served neighborhoods. As per resolution 2014-28496, this committee will sunset on 09/30/2014. City Liaison: Gary Farmer Vacancy: Members: Name Britta Lizette Melissa Michelle Nathaniel Tamra Applicants to replace Britta Hanson To replace Deborah Ruggiero To replace Tiva Leser To replace Bruce Carter To replace Ellen Brazer To replace Michael McManus To replace Carrie Wiesenfeld To replace Carmen (Maria) Lopez Last Name Positionffitle Hanson Lopez Broad Ricci Korn Sheffman Positiontritle Bradley Ugent David Lombardi Dina Dissen Elizabeth Resnick James Weingarten Jenna Ward Judith Berson-Levinson Nelida Barrios Paolo Ambu Seth Feuer Wednefday, February 26,1014 09/30/2014 Commissioner Michael Grieco 09/30/2014 Commissioner Micky Steinberg 09/30/2014 Commissioner Jonah M. Wolfson 09/30/2014 Commissioner Joy Malakoff 09/30/2014 Commissioner Michael Grieco 09/30/2014 Mayor Philip Levine 09/30/2014 Mayor Philip Levine 09/30/2014 Commissioner Joy Malakoff Term Ends: Appointed by: Term Limit: 09/3012014 Commissioner Micky Steinberg 12/31119 09/3012014 Commissioner Deede Weithorn 12/31120 09/3012014 Commissioner Ed Tobin 12131115 09/3012014 CommissionerEdTobin 12/31/20 09/3012014 Commissioner Jonah M. Wolfson 12131/15 09/3012014 Commissioner Deede Weithom 12/31/15 Applicants Dale Stine David McCauley Dorian Nicholson Francis Trullenque Janda Wetherington Josephine Pampanas Laura Bruney Nicole Doswell Patti Hernandez Tiffany Lapciuc 568 Positionffitle Page17oj63 Board and Committees Current Members Gay, Lesbian, Bisexual and Transgender (GLBT) Ord. 2009-3635 Composition: The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of members of the Committee) to be appointed at large by a majority vote of the City Commission. City Liaison: Vania Pedraja Vacancy: To replace Willis "Chip" Arndt Jr. To replace Karen Brown To replace Jorge Rich a Members: Name Last Name Chad Richter Cindy Brown Dale Stine David Leeds Edison Farrow Elizabeth Schwartz Laura Veitia Marivi Iglesias Michael Bath Nelida Barrios Ronald Wolff Thomas Barker Applicants Barry Meltz Dorian Nicholson Otiss (Arah) Lester Rafael Trevino Richard Murry Steven Adkins Wednesday, February 26, 20U Position!fitle Positionffitle 12/31/2015 Commissioner Ed Tobin 12/31/2015 Mayor Philip Levine 12/31/2015 Mayor Philip Levine Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Ed Tobin 12/31/16 12/3112015 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 12/31/2014 Mayor Philip Levine 12/31/2015 Commissioner Micky Steinberg 12/31/2014 Commissioner Joy Malakoff 12/31/2014 Commissioner Michael Grieco 12/31/2015 Commissioner Deede Weithom 12/31/2014 Commissioner Micky Steinberg 12/31/2014 Commissioner Deede Weithorn 12/31/2015 Commissioner Michael Grieco 12/31/2015 Commissioner Joy Malakoff Applicants Position!fitle Brad Fleet Eric Hirsch Paolo Ambu Rebecca Boyce Stephan Ginez Walker Burttschell Page28of63 569 12/31/21 12/31/16 12/31/21 12/31/16 12/31/18 12/31/17 12/31/16 12/31/21 12/31/16 Board and Committees Current Members Golf Advisory Committee Composition: The committee shall be composed of twelve (12) members. Consisting of eleven (11) voting members, seven (7) by direct appointment by the mayor and city commissioners,and four who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf Association. The city manager or his designee shall serve as a non voting ex-officio member. Sec. 2-76 The chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. AS PER ORDINANCE 2014-3841, THIS COMMITITEE WILL BE DELETED IN ITS ENTIRETY ON 05/31/2014. City Liaison: John Rebar Vacancy: Members: To replace Jeff Blumenthal To replace Jeffrey Cohen To replace Joseph Conway 05/31/2014 Commissioner Deede Weithom 05/31/2014 Commissioner Micky Steinberg 05/31/2014 Mayor Philip Levine Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: 05/31/2014 Commissioner Joy Malakoff 12/31120 Gail John Joseph Michael Williams Barker Conway Piazza 05/31/2014 Commissioner Ed Tobin 12/31115 Rebar John Applicants Carolyn Baumel Joseph Landesman Robert Sena 05/31/2014 Commissioner Michael Grieco 12/31118 05/31/2014 Commissioner Jonah M. Wolfson 12/31117 President for Women's Golf Assoc. MB Golf Assoc. President of the MB Golf Club Members Assoc. President, Normandy Shore's Men's Golf Assoc. President, Normandy Shore's Women's Golf Assoc. ex-officio, designee of the Oty Manager Positionn'itle Applicants Jane Hayes Mitchell Korus Positionffitle Wednesday, February 26, 2014 Page29of63 570 Board and Committees Current Members Health Advisory Committee Sec. 2-81 2002- Composition: Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of the City Manager: One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount Sinai Medical Center, One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health Center or his/her designee administrator; Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an Assisted Living Facility (ALF); One (1) member shall be a representative from the nursing profession; One {1) member shall be a health benefits provider; Two (2) members shall be physicians.; Two (2) members shall be consumers consisting of: 1) one (1) individual from the corporate level and ; 2) one (1) private individual. One member shall be a physician or an individual with medical training or experience. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex- officio member of the board. City Clerk's Note: Please see the "Agenda-Agenda Archives" for the continuously Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agend Archives website is located at http:/ jmiamibeachfl.gov/cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Sonia Bridges Vacancy: Members: Name Dr. Andrew Dr. Daniel Dr. Jeremy Dr. Stacey Dr. Todd Rachel To replace Shaheen Wirk Private individual 12/31/2015 City Commission Vacant CEO/MB Comm. Health 12/31/2015 City Commission To replace Anthony ACLF 12/31/2014 City Commission Japour Last Name Nullman Nixon Green Kruger Narson Schuster Positionlfitle Physician (TL 12/31/2014) Private Individual Physician Physician Health Provider ACLF Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission Term Limit: 12/31114 12/31/19 12/31/19 12/31/16 12/31/16 12/31/16 Wednesday, February 26, 2014 Page30of63 571 Board and Committees Current Members Steven Tobi Julie Zaharatos Maria Ruiz Applicants Ivan Rusilko Kara White Lisa Ware Sonenreich Ash CEO/Mt. Sinai/MH (NTL) Nursing Profession Rep. from the Health Council of South Fla ex-affido, Director of Children's Affairs Positionffitle Wedne!iday, February 26, 20U 1213112014 City Commission 1213112015 City Commission Applicants Jared Plitt Leah Rey 572 Position/Title Page31 of63 12131115 Board and Committees Current Members Health Facilities Authority Board Composition: Four (4) year terms. Five (5) members shall consist of; two (2) health providers, Sec. 2-111 one (1) individual in the field of general business who possesses good standing in the community; one (1) accountant and; one ( 1} attorney. The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of the City. Florida Statute 154.207 No term Limits. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda-Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City COmmission At-Large Nominations. City Liaison: Patricia Walker Vacancy: Members: Name Arthur Marc Mark Sidney vacant Applicants David Berger Rachel Schuster Shaheen Wirk To replace Alison Attorney Stone Last Name Positioo/I'itle Unger Accountant Umlas Health Provider Sinnreich Health Provider Goldin General Business Chairperson, Health Advisory Board Positionffitle Wednesday, February 26, 20U 06/19/2017 City Commission Term Ends: Appointed by: Term Limit: 06/19/2016 City Commission 06/19/2014 City Commission 06/19/2015 City Commission 06/19/2014 City Commission Applicants Positiontritle Dr. Elsa Orlandini Rosalie Pincus Page32of63 573 FS 154-207 FS-154-207 FS 154-207 FS 154-207 Board and Committees Current Members Hispanic Affairs Committee Sec. 2-190.21 Composition: The committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment. The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. City Liaison: Nannette Rodriguez Vacancy: Members: Name Ana Cecilia Antonio Francis Patti Veronica Applicants Israel Sands Rafael Trevino To replace Ivan Cano To replace Luz Rojas Last Name Positionffitle Velasco Purrinos Trullenque Hernandez Camacho Positionffitle Wednesday, February 26, 2014 12/31/2014 Commissioner Micky Steinberg 12/31/2014 Mayor Philip Levine Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Michael Grieco 12/31/21 12/31/2014 Commissioner Jonah M. Wolfson 12/31/16 12/31/2015 Commissioner Ed Tobin 12/31/15 12/31/2015 12/31/2015 Applicants Commissioner Deede Weithom 12/31/15 Commissioner Joy Malakoff 12/31/21 Positionffitle Maria Zayas-Bazan Regina Suarez Page33of63 574 Board and Committees Current Members Historic Preservation Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) members. There shall be a member from each of the following categories: 1) A representative from the Miami Design Preservation League (MDPL); Selected from three names nominated by the League. 2) A representative from Dade Heritage Trust (DHT); Selected from three names nominated by the Trust. Sac. 118·101 3) Two at-large member who have resided in one of the City's historic districts for at least one year, and have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. 4) An architect registered in the state of Florida with practical experience in the rehabilitation of historic structures; 5) An architect registered in the United States, a landscape architect registered in the state of Florida, a professional practicing in the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of the foregoing with professional experience and demonstrated interest in historic preservation. 6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urban planning and university faculty member of the board shall be residents of, the city, provided, however, that the city commission may waive this requirement by a 5/7ths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?id:::: 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:miamibeachfl.gov; and under the em MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Wiliam cary Vacancy: To replace Ira Giller Reg. Architect Members: Name David Dominique Herb Jane Last Name Wieder Bailleul So sa Gross Wednesday, February 26, 1014 Positionffitle Attorney At·large MDPL Dade Heritage 12/31/2015 City Commission Term Ends: Appointed by: 12/31/2015 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Term Limit: 12/31/15 12/31/16 12/31/15 12/31/16 Page34of63 575 Board and Committees Current Members Josephine Wyn Applicants Manning Bradley Adam Kravitz Alejandro Dominguez Deborah Castillo Elizabeth Pines Jean-Francais Lejeune Kathleen Phang Marina Novaes Raymond Adrian Wednesday, February 26, 1014 At-large Faculty Member Positionffitle 12/31/2014 City Commission 12/31/2015 City Commission Applicants Albert Mertz Bradley Colmer Dona Zemo Francis Steffens Jennifer Lampert Marilys Nepomechie Marl< Alhadeff Richard Alhadeff 576 Positionffitle Page35 o/63 12/31/14 12/31/19 Board and Committees Current Members Housing Authority Composition: Four year appointment. Five (5) members, appointed by the Mayor. Reso 7031 421.05 Appointments must be confirmed by the City Commission. At least one (1) member who shall be a resident who is current in rent in a housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority or public housing agency that has jurisdiction for the same locality served by the housing authority, which member shall be appointed at the time a vacancy exists. City Liaison: Maria Ruiz Vacancy: To replace Michael HA Commissioner Band To replace Emili De HA Commissioiner Jesus Fernandez Members: Name Eugenio Peter Raymond Applicants Last Name Cabreja Chavelier Adrian Gotlinsky Barbara Stanley Shapiro Wednesday, February 26, lOU Positionffitle HA Commissioner HA Commissioner HA Commissioner PositionffitJe 10/11/2017 Mayor Philip Levine 10/11/2017 Mayor Philip Levine Term Ends: Appointed by: Term Limit: 10/11/2016 Bower Levine 10/11/2015 Bower Levine 10/11/2014 Bower Levine Applicants Prakash Kumar 577 Positionffitle Page36 o/63 10/11118 10/11/19 10/11/18 Board and Committees Current Members Loan Review Committee Sec. 2-166 Composition: The committee shall consist of seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners. The finance director or his/her designee and the city manager or his/her designee shall serve as non- voting ex-officio members A member of the Community Development Advisory Committee (CDAC) shall be designated to serve as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC and CDAC. AS PER ORDINANCE 2014-3841, THIS COMMITTEE WILL BE DELETED IN ITS ENTIRETY ON 05/31/2014. City liaison: Cooky Rosario Vacancy: Members: Name Eric Jay To replace Mario Coryell To replace Steve Zuckerman To replace Mayra Diaz--Buttacavoli To replace Michael Rotbart To replace Juan Torres Last Name Lawrence Dermer Positionffitle ex-officio member of the CDAC 05/31/2014 Commissioner Michael Grieco 05/31/2014 Commissioner Micky Steinberg 05/31/2014 Commissioner Ed Tobin 05/31/2014 Commissioner Deede Weithorn 05/31/2014 Mayor Philip Levine Term Ends: Appointed by: Term Limit: 05/31/2014 Commissioner Joy Malakoff 12131/17 05/3112014 Commissioner Jonah M_ Wolfson 12131/18 Patricia Walker ex-officio Finance director or his/her designee Applicants Position!fitle Applicants Positionffitle Joseph Landesman Wednesday, February 26,1014 Page37of63 578 Board and Committees Current Members Marine Authority Sec. 2-190.46 Composition: The marine authority shall consist of seven (7) voting members, who shall be direct appointments by the mayor and city commissioners, and one non voting, ex-officio member of the authority, who shall be a representative of the city marine patrol. Appointments to the authority shall consist of individuals who have had previous experience in the operation of or inspection of either marine vessels or marine facilities including experience in various types of boat activities, including fishing in the waterways of the city. The members of the marine authority shall have the right and duty to consult with any member of the city administration for technical or other information pertaining to the matters before them. AS PER ORDINANCE 2014-3841, NEW COMPOSffiON EFFECTIVE 05/31/2014: The Authority shall consist of fourteen (14) voting members, who shall be direct appointments by with the Mayor and City Commissioners each having two (2) direct appointments. City Liaison: Manny Villar Vacancy: Members: Name Christopher Daniel Maurice Sasha Stephen Michael George Applicants Adrian Gonzalez Elaine Roden Jonathan Beloff William Cahill To replace Addison Sammet To replace Joel Aberbach Last Name Todd Kipnis Good beer Boulanger Bernstein Positionlfitle (TL 12/31/14) ex-officio MB Marine Patrol Position!fitle Wednesday, February 26, 1014 12/31/2014 Commissioner Joy Malakoff 12/31/2014 Mayor Philip Levine Term Ends: Appointed by: Term Limit: 12/31/2015 Commissioner Michael Grieco 12/31/14 12/31/2015 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Commissioner Micky Steinberg 12/31/19 12/31/2015 Commissioner Ed Tobin 12/31/18 12/31/2014 Commissioner Deede Weithorn 12/31/18 Applicants Alex Espenkotter Jacobo Epelbaum Robert Schwartz 579 Positionffitle Page38of63 Board and Committees Current Members Miami Beach Commission For Women Composition: Twenty-one (21} members. 2007-3570 s 2190- Each of the seven (7) members of the commission shall appoint three (3) members. The chairperson of the Commission on the Status of Women or its designee shall serve as a non- voting ex-officio member of the Community Relations Board. City Liaison: Leonor Hernandez Vacancy: To replace Gertrude Arfa To replace Claudia Moncarz To replace Maribel Quia Ia To replace Regina Bennan Members: Name Last Name Position/fide Adrienne Krieger Debra Quade Dr. Corey Narson Francinelee Hand Jessica Conn Karen Edelstein Kristen Rosen Gonzalez Laura Colin Leslie Coller Lindsay Genet Mercedes Carlson Michelle Ricci Nikki Weisburd Regina Suarez Roberta Gould Tiffany Lapciuc Vanessa Menkes Applicants Allee Newhoff Barbara Kaufman Britta Hanson Eda Valero-Figueira Helen Swartz Joanna Popper Marie Towers Merle Weiss Monica Matteo-Salinas Rebecca Boyce Wednesday, February 26, 20U Positionffitle 12/31/2014 Commissioner Ed Tobin 12/31/2014 Mayor Philip Levine 12/31/2014 Commissioner Michael Grieco 12/31/2014 Mayor Philip Levine Term Ends: Appointed by: Term Limit: 12/3112014 Commissioner Joy Malakoff 12131121 12/3112015 Commissioner Micky Steinberg 12131119 12/3112015 Commissioner Micky Steinberg 12131121 12/3112015 Commissioner Joy Malakoff 12131116 12/31/2014 Commissioner Jonah M. Wolfson 12/31119 12/3112014 Commissioner Micky Steinberg 12/31115 12/31/2014 Commissioner Jonah M. Wolfson 12/31/20 12131/2014 Commissioner Joy Malakoff 12/31/21 12131/2015 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Michael Grieco 10/31/21 12/31/2015 Commissioner Michael Grieco 12/31/18 12/31/2015 Commissioner Ed Tobin 12/31/21 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2015 Commissioner Jonah M. Wolfson 12/31/17 12/31/2015 Commissioner Deede Weithom 12/31/2015 Mayor Philip Levine 12/31/2015 Commissioner Deede Weithorn Applicants Annette Cannon Barbara Morris Dale Gratz Elizabeth Resnick Jennifer Diaz Maria Zayas-Bazan Marjorie O'Neiii-Buttler Meryl Wolfson Pan Rogers Rocio Sullivan Position/Title 12/31/15 12/31/17 12/31/20 Page 39 of63 (Continued. ... 580 Board and Committees Current Members Samantha BraUer Tamra Sheffman Wednesday, February 26,1014 Sharon Dodge 581 Page40of63 Board and Committees Current Members Miami Beach Cultural Arts Council Composition: Three (3) years term. Sec. 2-51 Vacancies submitted by slate of candidates provided by the council. Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission. Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year terms each. Additionally, effective December 31, 2002, no council member may serve more than six (6) consecutive years. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id:;;;;72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda-Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Gary Farmer Members: Name Last Name Positionffitle Alan Randolph Beatrice Hornstein Charles Million Daniel Novel a Ed a Valero-Figueira (TL 12/31/2014} Gregory Ileana Marjorie Richard Susan Zoila Applicants Allee Newhoff Annette Fromm Calvin Kohli Dr. Daniel Nixon Elliott Alhadeff Israel Sands Jenna Ward Kara White Mark Balzli Melvin Bravo-Gordon O'Neiii-Buttler Alhadeff Schemer Datorre Wednesday, February 26, 2014 (TL 12131/2014) Position/Title Term Ends: Appointed by: Term Limit: 12/31/2016 City Commission 12/31/19 12/31/2015 City Commission 12/31/15 12/31/2016 City Commission 12/31/17 12/31/2015 City Commission 12/31/15 12/31/2014 City Commission 12/31/14 12/31/2014 City Commission 12/31/15 12/31/2015 City Commission 12/31/19 12/31/2015 City Commission 12/31/15 12/31/2016 City Commission 12/31/19 12131/2016 City Commission 12131/19 12131/2014 City Commission 12131/14 Applicants Position/Title Ammette Mason Bradley Ugent Christina LaBuzetta Elizabeth Pines Eugenio Cabreja Janda Wetherington Joanna Popper Lateresa Jones Michael McManus 582 Page41 of63 (Continued .... Board and Committees Current Members Monica Harvey Nathaniel Kern Otiss (Arah) Lester Pedro Menocal Wednesdtzy, February 26, 2014 Monica Minagorri Nicole Doswell Patti Hernandez 583 Page42of63 Board and Committees Current Members Miami Beach Human Rights Committee 2010-3669 Composition: The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the City Commission. The members of the committee shall reflect as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to the committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she deems appropriate, as possible. At least one (1) of the committee members shall possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as chair of the committee. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov /cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETlNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: carla Gomez Vacancy: To replace William Warren Jr. Members: Name Last Name Position/Title Alan Fishman Law Amy Rabin Andrea Lisa Travaglia Bradley Ugent Monica Harvey Rachel Umlas Rafael Trevino Walker Burttschell William Warren Jr. Applicants Positionffitle Brad Fleet Dr. Andrew Nullman Wednesday, February 26, lOU 12/31/2014 Mayor Philip Levine Term Ends: Appointed by: Term Limit: 12/31/2015 City Commission 12/31/16 12/31/2014 City Commission 12/31119 12/31/2015 City Commission 12/31119 12/3112015 City Commission 12/31118 12/31/2014 City Commission 12/31118 12/3112014 City Commission 12/31/1 B 12/3112014 City Commission 12/31116 12/3112015 City Commission 12/31116 1213112015 City Commission 12/31119 Applicants Positionffitle Deborah Robins Page43of63 584 Board and Committees Current Members Miami Beach Sister Cities Program Sec. 2·181 Composition: The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall consist of; one (1) representatives per Sister City affiliation and , nine (9) other members. All of these members are appointed by the mayor. The members of the coordinating council shall be persons who are interested in furthering the purpose of the program. Any person interested in furthering the purpose of the program may become a member of an individual sister city committee upon approval by the coordinating council. To qualify, the person shall present a resume and a letter of interest to the committee chairperson. These members are appointed by the Mayor of the City of Miami Beach for two (2) years. City Liaison: Desiree Kane Vacancy: To replace Roberto other 12/31/2015 Mayor Philip Levine DaTorre To replace Zeiven other 12/31/2014 Mayor Philip Levine Beitchman To replace Jessica lea, Peru 12/31/2014 Mayor Philip Levine Londono To replace Michael Fujisawa, Japan 12/31/2015 Mayor Philip Levine McManee To replace Elaine Basel, Switiiizerland 12/31/2015 Mayor Philip Levine Raden To replace Nuccio Cozumel, Mexico 12/31/2015 Mayor Philip Levine Nobel To replace Bruce Nahariya, Israel 12/31/2014 Mayor Philip Levine Reich To replace Jenna Almonte, Spain 12/31/2015 Mayor Philip Levine Ward To replace Annette other 12/31/2014 Mayor Philip Levine Fromm To replace other 12/31/2014 Mayor Philip Levine Stephanie Trinidad To repalce Gary Fortaleza, Brazil 12/31/2014 Mayor Philip Levine Twist To replace Faye other 12/31/2014 Mayor Philip Levine Goldiin To replace Ileana Rio de Janeiro, Brazil 12/31/2014 Mayor Philip Levine Bravo-Gordon To replace Jennifer Santa Marta, Colombia 12/31/2014 Mayor Philip Levine Diaz To replace Wendy Pescara, Italy 12/31/2015 Mayor Philip Levine Kallergis To replace other 12/31/2015 Mayor Philip Levine Charlotte Libov Members: Name Last Name Position/Title Term Ends: Appointed by: Carolyn Baumel Brampton, Canada 12/31/2015 Mayor Philip Levine George Neary other 12/31/2014 Mayor Philip Levine Jacquelynn Powers other 12/31/2015 Mayor Philip Levine Term Limit: 12/31/21 12/31/16 12/31/21 Wednesday, February 26,2014 Page44of63 585 ------·· ---··----------·· -~~~- Board and Committees Current Members Monica Fluke Applicants Ada Llerandi Christopher Pace Claudia Moncarz Deborah Robins Gabriel Paez Jared Plitt Lateresa Jones Marcella Paz Cohen Raymond Adrian Rocio Sullivan Tamra Sheffman Walter Lucero Wednesday, February 16,2014 other Positionffitle 12/31/2015 Mayor Philip Levine Applicants Charles Million Christopher Todd Darin Feldman Dr_ Andrew Nullman Israel Sands Josephine Pampanas Laura Bruney Michael Rotbart Rebecca Boyce Samantha Bratter Tiffany Heckler 586 Positionffitle Page45of63 12/31/21 Board and Committees Current Members Normandy Shores Local Gov. Neighborhood Impv. Sec 34-175 Composition: The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the Executive Committee of the Normandy Shores Homeowner Association. On behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be composed of the three members of the Executive Committee of the Normandy Shores Homeowners Association as per Resolution No. 97-22449 adopted July 2, 1997. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ fmiamibeachfl.gov/cityclerk/scroll.aspx?id= 72497. Altematively1 the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section 1 located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter1 choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: John Woodruff Members: Name John Mark Ronald Applicants Last Name Bowes Wojak Loring Andrew Fuller Lori Nieder Monica Minagorri Wednesday, February 26, 2014 Positionlfitle ( TL 12/31/2014) Position!fitle Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants David Alschuler Marie Towers Tegan Eve 587 PositiontTitle Page46 of63 12/31/18 12/31/18 12/31/14 Board and Committees Current Members Parks and Recreational Facilities Board Composition: The board shall be comprised of ten (10) members. Seven (7) direct appointments made by the mayor and each commissioner. Sec. 2-171 The chairperson of the following boards/committees or their designees shall serve as nonvoting ex- officio members of the Parks and Recreational Facilities Board: 1) Beautification Committee, 2) Golf Advisory Committee, and 3) Youth Center Advisory Board (See Beach Preservation, ex-officio member.) Members of the board shall demonstrate interest in the City's Parks and Recreational Facilities and programs through their own participation or the participation of a member of their immediate family. AS PER ORDINANCE 2014-3841, NEW COMPOSmON EFFECTIVE 05/31/2014: The Parks and Recreational Facilities Board shall be composed of thirteen (13) voting members: Seven (7) direct appointments, one made by the Mayor and each Commissioner. Six (6) at-large appointments as follows: Youth Center -Two (2) members having an affiliation with the city's youth centers, with one member affiliated with the Scott Rakow Youth Center, and one member with the North Shore Park Youth Center. Golf-Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the sport of golf. Tennis -Two (2) members who have demonstrated a high degree of interest, paprticipation and/or expertise in the sport of tennis. City Liaison: John Rebar Members: Name Last Name Position!fitle Term Ends: Appointed by: Term Limit: Eliane Soffer 12/3112015 Commissioner Michael Grieco 12/31/21 Harriet Halpryn 12/31/2014 Commissioner Jonah M_ Wolfson 12/31/15 Jonathan Groff 12/31/2014 Commissioner Deede Wei! horn 12/31/17 Leslie Graff 12/31/2014 Commissioner Ed Tobin 12/31/15 Lori Nieder 12/31/2015 Commissioner Micky Steinberg 12/31/21 Paul Stein 12/31/2014 Mayor Philip Levine 12/31/21 Samantha Bratter 12/3112015 Commissioner Joy Malakoff 12/31/21 Daniel Nixon Ex-Officio member Beautification Committee Stephanie Rosen Ex-Officio member of the Youth Center Adv. Board vacant Ex-Officio member of Golf Advisory Commttee Applicants Position/Iitle Applicants Position/Title Beverly Heller Annette Cannon Bruce Reich Chris Groward Chris Growald Christina Nicodemou Wednesday, February 26,2014 Page 47 of 63 (Continued. ... 588 Board and Committees Current Members Christopher Todd Dolores Hirsh Irina Pindelea Mojdeh Khaghan Peter Vallis Tiffany Heckler Wesley Castellanos Wednesday, February 16, 2014 David Berger Eric Lawrence Mark Balzli Moni Cohen Stefan Zachar Jr. Walter Lucero 589 Page48of63 Board and Committees Current Members Personnel Board Sec. 2-190.66 Composition: Ten (10) members appointed by a 5/7 vote. Six (6) of which shall be citizens of Miami Beach not in the employment of the city, each having a different vocation; and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and regular employees of the city and who shall be elected from the employees of regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department, Group II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Uaison: Sylvia Crespo-Tabak Members: Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Gabriel Paez lvette Isabel Borrello Lori Gold Matthew Krieger Mojdeh Khaghan Rosalie Pincus Christopher Diaz Evette Phillips George castell Sylvia Crespo-Tabak elected 07/20/2011 exp. 7/31/2014-Group I elected 07/09/2012 exp. 7/31/2015 Group III elected 07/01/2013 exp. 7/31/2016 Group II Human Resources Director Applicants Position/Title 1213112014 City Commission 1213112015 City Commission 1213112014 City Commission 12131/2015 City Commission 12131/2014 City Commission 12/31/2015 City Commission Applicants Position!fitle Dr. Elsa Orlandini Michael Perlmutter Richard Preira Harold Foster Nancy Wolcott Wednesday, February 26, 2014 Page49of63 590 12131115 12/31119 12131/18 12131/19 12131/16 12131/15 Board and Committees Current Members Planning Board Sec. 118·51 Composition: Two (2) year tenn. Appointed by a minimum of 4 votes. Seven (7) regular voting members. The voting members shall have considerable experience in general business, land development, land development practices or land use issues; however, the board shall at a minimum be comprised of: 1) one architect registered in the state of Florida; or a member of the faculty of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning; 2) one developer who has experience in developing real property; or an attorney in good standing licensed to practice law within the United States. 3) one attorney licensed to practice law in the state of Florida who has considerable experience in land use and zoning issues; 4) one person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: A) Has earned a college degree in historic preservation; B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or C) Is recognized by the city commission for contributions to historic preservation, education or planning; and 5) three persons who are citizens at large or engaged in general business in the city No person except a resident of the city, who has resided in the city for at least one year shall be eligible for appointment to the planning board. The City Commission may waive the residency requirements by a 5/7ths vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and/or experience. City Clerk's Note: Please see the "Agenda • Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda • Agenda Archives website is located at http:/ /miamibeachfl.gov/cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Katia Hirsh. Members: Name Last Name Brian Elias Frank Kruszewski Jack Johnson Jean-Francais Lejeune Jeffrey Feldman Jonathan Beloff Randolph Gumenick Wednesday, February 26, 20U Positionffitle Geneal Business General Business Historic Preservation Architect Developer Attorney General Business Term Ends: 12131/2015 12131/2014 12/31/2014 12/31/2014 12/31/2015 12/31/2015 12/31/2015 591 Appointed by: Term Limit: City Commission 12131/19 City Commission 12131/18 City Commission 12/31/18 City Commission 12/31/17 City Commission 12/31/19 City Commission 12131/15 City Commission 12131/19 Page 50 of63 (Continued .... Board and Committees Current Members Applicants Aaron Davis Albert Mertz Alexander Annunziato Brian Ehrlich Daniel Hertzberg David Berger Deborah Castillo Francis Steffens Guy Simani James Silvers Jeffrey Cohen Jessica Conn Kathleen Phang Marina Novaes Matthew Krieger Nelson Fox Richard Alhadeff Ryan Homan Scott Needelman Suzanne Hollander Wednesday, February 16, 2014 Position!fitle Applicants Adam Kravitz Alex Espenkotter Andres Asian Christine Florez Daniel Veitia David Wieder Dominique Bailleul Gary Twist Jack Benveniste Jared Galbut Jennifer Lampert Joshua Wallack Madeleine Romanello Mark Alhadeff Muayad Abbas Noah Fox Robert Sena Sarah Johnston Seth Frohlich 592 Positionffitle Page 51 o/63 Board and Committees Current Members Police Citizens Relations Committee Composition: The committee shall consist of seventeen (17) members, fourteen (14) of whom shall be voting members. Sec. 2-190.36 The members shall be direct appointments with the Mayor and City Commissioners, each making two (2) individual appointments. One (1) non-voting ex-officio member shall be from the non-administrative personnel of the police department selected by a majority vote of the non administrative personnel. Two (2) additional non-voting ex-officio members shall be the police chief (or a designee) and the city attorney (or a designee). The chairperson of the committee or his/her designee shall serve as a non-voting ex-officio member of the Community Relations Board. The Police/Citizen Relations Committee shall be assigned to the Police Department. Recommendations for appointment to all voting and non-voting membership selected by the Mayor and Commission shall be obtained from; the Spanish American League Against Discrimination (S.A.L.A.D.); the League of United Latin American Citizens {L.U.L.A.,C.]; The Anti-Defamation League, (A.D.L.); The Dade Action Pac; the National Association for the Advancement of Colored People (NAACP A); the League of Women's Voters, and any other organizations deemed appropriate. The voting members of the committee shall have knowledge of and interest in Police Community Relations and their impact on the City of Miami Beach. AS PER ORDINANCE 2014-3841, NEW COMPOSmON EFFECTIVE 05/31/2014: The Committee shall consist of fourteen (14) voting members: The members shall be direct appointments, with the Mayor and City Commissioners, each making two individual appointments. City Uaison: Chief Raymond Martinez Vacancy: Members: Name Alejandro Antonio Bruce To replace Jared Plitt To repalce Walter Lucero To replace Claire Warren To replace Dina Dissen To replace Glenda Krongold Last Name Dominguez Hernandez Jr. Reich Positionffitle Wednesday, February 16, 2014 12/31/2015 Commissioner Deede Weithorn 12/31/2015 Commissioner Deede Weithorn 12/31/2015 Mayor Philip Levine 12/31/2014 Commissioner Micky Steinberg 12/31/2014 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: 12/31/2015 Mayor Philip Levine 12/31121 12/31/2014 Commissioner Joy Malakoff 12/31121 12/31/2015 Commissioner Micky Steinberg 12/31/21 Page51of63 593 Board and Committees Current Members Jordan Meryl Michael Nelson Steven Tiva Nadel Wolfson Perlmutter Gonzalez Oppenheimer Leser Alex Bello R. Martinez Non-adm. Personnel of the PD Police Chief Applicants Alex Espenkotter Christina LaBuzetta Deborah Ruggiero Irene Valines Irina Pindelea Larry Colin Leif Bertrand Marina Aviles Melissa Mokha Prakash Kumar Richard Preira Wednesday, February 16, 10U Positionffitle 12/31/2014 12/31/2014 12/31/2014 12/31/2015 12/31/2014 12/31/2015 Commissioner Michael Grieco 12/31/21 Commissioner Joy Malakoff 12/31/21 Commissioner Michael Grieco 12/31/20 Commissioner Ed Tobin 12/31/15 Commissioner Jonah M. Wolfson 12/31/17 Commissioner Jonah M. Wolfson 12/31/21 Applicants Brad Fleet David Crystal Eugenio Cabreja Irene Valines Kimberly Diehl Laura Cullen Lori Gold Mario Coryell Michael Bernstein Rachel Schuster Tegan Eve 594 Positionffitle Page 53 of63 Board and Committees Current Members Production Industry Council Sec. 2-71 Composition: The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make one direct appointment. All regular members shall have knowledge of the fashion, film, new media, production, television and or recording industries of the city. Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly involved with that industry. City Liaison: Graham Winick Members: Name Last Name Positionffitle Aleksandar Stojanovic Production Belkys Nerey Production Bruce Orosz Fashion Daniel Davidson Fashion Joanna Popper News Media Joanna-Rose Kravitz Recording Industry Noreen Legault-Mendoza TV/Film Applicants Position/Title Christina Nicodemou Lisa Ware Wednesday, February 16, 10U Term Ends: Appointed by: Term Limit: 12/31/2014 Mayor Philip Levine 12/31/21 12/3112015 Commissioner Deede Weithorn 12/31/18 12131/2014 Commissioner Ed Tobin 12/31115 12131/2014 Commissioner Michael Grieco 12/31/21 12/31/2014 Commissioner Joy Malakoff 12/31/21 12131/2015 Commissioner Micky Steinberg 12/31/21 12/31/2015 Commissioner Jonah M. Wolfson 12/31/17 Applicants Irene Valines Samantha Bratter 595 Position/Title Page54of63 Board and Committees Current Members Safety Committee Sec. 2-176 Composition: Committee consists of fourteen (14) members who shall be direct appointments, two (2) appointments shall be made by the Mayor and each Commissioner. The members shall have knowledge of and interest in the safety of the citizens of the city. Ordinance 2010-3710 requires that one of the two direct appointments by the Mayor and each of the City Commissioners be Citizen Emergency Response Team (CERT) certified. AS PER ORDINANCE 2014-3841, THIS COMMITTEE WILL BE DELETED IN ITS ENTIRETY ON 05/31/2014. City Liaison: Sonia Bridges Vacancy: Members: Name Alfredo Allison Calvin Carl Irene Jeff Michael Oren Applicants Jason Witrock Leah Rey Mark Levine Michelle Green Silvia Rotbart To replace Jane Hayes To replace Jeannette Egozi To replace Jerry Marsch To repalce Marcella Paz-Cohen To replace Joel Aberbach To replace Michelle Green Last Name Positionffitle Rey Stone Kohli Linder Valines Gordon Bernstein Lieber {TL 12/31/2014) Position/Title Wednesday, February 26, 2014 05/31/2014 Commissioner Micky Steinberg 05/31/2014 Commissioner Joy Malakoff 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Deede Weithorn 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Joy Malakoff Term Ends: Appointed by: Term Limit: 05/3112014 Commissioner Deede Weithorn 12/31117 05/3112014 Commissioner Michael Grieco 12/31121 05/31/2014 Commissioner Micky Steinberg 12/31116 05/31/2014 Commissioner Michael Grieco 12/31/21 05/31/2014 Commissioner Ed Tobin 12/31/19 05/31/2014 Commissioner Jonah M. Wolfson 12/31/19 05/31/2014 Commissioner Jonah M. Wolfson 12/31/21 05/31/2014 Commissioner Ed Tobin Applicants Jonathan Parker Leif Bertrand Meryl Wolfson Scott Robins William Cahill 596 Position/Title Page 55 of 63 12/31/14 Board and Committees Current Members Single Family Residential Review Panel 2006-3529 Composition: The panel shall be composed of three (3} members, two of whom shall be architects an/or other registered design professionals, and one shall be a resident of the City, each to serve for a term of one (1) year. Panel members shall not deliberate in more than four (4) meetings per calendar year unless required due to inability to satisfy the quorum requirement. Panel members shall be chosen by the City Manager or designee on a rotating basis or as available from a list of not more than 20 architects and/or other registered design professionals, as well as a list of residents of the City. In developing the list of registered professionals, names should be submitted from the following associations: (1) American Institute of Architects, local chapter (2) American Society of Landscape Architects, local chapter (3) American Planning Association, local section (4) The Miami Design Preservation League (5) Dade Heritage Trust- Liaison: Thomas Mooney Vacancy: To replace Daniel Registered Design Prof. 12/31/2015 Jimmy Morales, City Manager Vietia Jorge Gutierrez Registered Design Prof. 12/31/2015 Jimmy Morales, City Manager (TL 12131/14) Rafael Sixto Registered Design Prof. 12/31/2015 Jimmy Morales, City Manager (TL 12131/14) Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: new member 12/31/2015 Applicants Positionffitle Applicants Positionffitle Dr. Daniel Nixon John Turchin Wednesday, February 26, 2014 Page56of63 597 Board and Committees Current Members Sustainability Committee 2008-3618 Composition: The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non- voting member and shall serve as the chairperson of the Committee. The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general environmental improvement trends, or "Green Initiatives," and "Sustainable Development", which is herein defined as a pattern of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only in the present, but in the indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach. City Uaison: Elizabeth Wheaton Vacancy: Members: Name Last Name David Doebler Debra Leibowitz Erica Durst Judith Wurman Lily Furst Luiz Rodrigues Susan Hart Applicants Amy Rabin Daniel Manichello Elizabeth Carmargo Gisele Colbert Kimberly Eve Mihaly Lenart Walker Burttschell Wednesday, February 26, 20U City Commissioner Positionffitle Position!fitle Mayor Philip Levine Term Ends: Appointed by: Term Limit: 12131/2015 Commissioner Micky Steinberg 12131/20 12131/2015 12131/2014 12/31/2014 12/31/2015 12131/2014 Commissioner Deede Weithorn 12131/15 Commissioner Michael Grieco 12/31/21 Commissioner Joy Malakoff 12/31/21 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Ed Tobin 12/31/15 12/31/2015 Mayor Philip Levine Applicants Andrea Lisa Travaglia Elaine Stone Elizabeth Pines Jason Biondi Marivi Iglesias Russell Hartstein 598 Position!fitle Page57of63 12/31/21 Board and Committees Current Members Tennis Advisory Committee 2012-3773 Composition: The Committee shall be composed of severn (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee. The Mission of the Tennis Committee is to improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the Committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public tennis facilities to the City Commission and the City Administration for such action as the City Commission and the City Administration may deem appropriate. Two years after the September 12, 2012 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration. AS PER ORDINANCE 2014-3841, THIS COMMITTEE WILL BE DELETED IN ITS ENTIRETY ON 05/31/2014. City Liaison: Julio Magrisso Vacancy: To replace Stefan Zachar Jr. To replace Tegan Eve To replace Jeffrey Forster Members: Name Last Name Positionffitle Carrie Johnson David Berger Dolores Hirsh Gayle Durham Applicants Position!fitle Barbara Herskowitz Kimberly Diehl Lori Nieder Melissa Mokha Vicki Petruzzelli Wednesday, February 26, 10U 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Joy Malakoff 05/31/2014 Commissioner Micky Steinberg Term Ends: Appointed by: Term Limit: 05/31/2014 Commissioner Deede Weithorn 12/31/20 05/31/2014 Commissioner Joy Malakoff 12/31/19 05/31/2014 Commissioner Jonah M. Wolfson 12/31/19 05/31/2014 Commissioner Ed Tobin 12/31/20 Applicants Position!fitle Donna Ganz Laure Mckay Marlene Pross Stephen Donnelly 599 Page58of63 Board and Committees Current Members Transportation and Parking Committee Composition: Committee shall consist of fourteen (14) members. Sec. 2-190.91 The Mayor and City Commissioners shall each make one (1) appointment1 with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent coordinating representative: 1) Miami Beach Chamber of Commerce's Transportation and Parking Committee, 2) Miami Beach Community Development Corporation, 3} Ocean Dr. Association, 4) Miami Design Preservation League1 5) North Beach Development Corporation, 6) Mid-Beach Community Association, 7) Lincoln Rd Marketing, Inc., On an annual basis, the members of the committee shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members of the committee shall consist of a quorum of the committee and shall be necessary in order to take any action. The members of the voting committee shall have knowledge of and interest in Transportation and Parking and their impact on the City of Miami Beach. The members of the board shall be officially designated by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. AS PER ORDINANCE 2014-3841, NEW COMPOSTION EFFECTIVE 05/31/2014: The Committee shall consist of fourteen (14) voting members. The Mayor and City Commissioners shall each make one direct appointment with the other seven (7) members of the Committee to be comprised of members from the following community organizations, each of which must delegate a permanent coordinating represenrtative: 1. Miami Beach Chamber of Commerce Transportation and Parking Committee, 2. Miami Beach Community Development Corporation, 3. Ocean Drive Association, 4. Miami Design Preservation League, 5. North Beach Development Corporation/ 6. A Mid-Beach Neighborhood or Business Association, 7. Lincoln Road Marketing Inc. City Liaison: Saul Frances Vacancy: Members: Name To replace Josephine Pampanas To replace Maria Mayer Last Name Position!fitle 12/31/2014 Mayor Philip Levine 12/31/2015 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: Wednesday, February 26, 1014 Page59of63 600 Board and Committees Current Members Deborah Ruggiero 12131/2014 Commissioner Micky Steinberg 12131/21 Eric Ostroff 12131/2014 Commissioner Deede Weithorn 12/31/18 Ray Breslin 12131/2015 Commissioner Joy Malakoff 12/31121 Scott Diffenderfer 12/31/2015 Commissioner Jonah M. Wolfson 12/31115 Seth Wasserman 12/3112015 Commissioner Michael Grieco AI Feola Rep. for the Ocean Dr. Imp. Assoc. 12/31/14 Delvin Fruit Rep. for Mid-Beach Community Assoc. -12/31/15 Jo Asmundsson Rep. for MBCDC 12/31/14 Madeleine Romanello Rep. for MBCC 12/31/14 Mark Weithorn vacant William "Bill" Hahne Applicants Amy Rabin Daniel Manichello David McCauley Gianluca Fontani Laure Mckay Mance Buttram Sasha Boulanger Tiva Leser Rep. for NBDC 12/31/15 Rep. for Uncoln Road Marketing Rep. for MDPL 12/31/13 Positionffitle Wednesday, February 26, 2014 Applicants Cheryl Jacobs David Alschuler Dorian Nicholson Kenneth Bereski II Leif Bertrand Michael Bernstein Steven Oppenheimer 601 Positiontritle Page60of63 12/31116 Board and Committees Current Members Visitor and Convention Authority Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. Sec.102-246 The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two (2} nor more than three (3) members shall be representative of the hotel industry; 2) and the remaining members none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the authority or employee therefore violating or failing to comply with provisions of this article shall be deem to have vacated his office or position. City Clerk's Note: Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Grisette Roque. Members: Name Aaron Adrian Daniel Margaret (Peggy) Stephen Steven Tim Applicants Albert Mertz Barry Meltz Charles Million Dona Zemo Harold Foster Jared Galbut Jennifer Diaz Karen Brown Last Name Perry Gonzalez Hertzberg Benua Hertz Adkins Nardi Laure Mckay Natalie Koller Stanley Shapiro Wesley Castellanos Wednesday, February 26, 2014 Positionffitle At-Large At-Large At-Large Hotel Industry At-Large At-large (TL 12/31/2014) Hotel Industry Positionffitle Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2015 City Commission 12/31/2014 City Commission 12/31/2015 City Commission 12/31/2014 City Commission 12/31/2015 City Commission Applicants Ammette Mason Calvin Kohli Christy Farhat Eric Lawrence James Lloyd Jeffrey Graff Joshua Wallack Kristen Rosen Gonzalez Laurence Herrup Seth Feuer Wendy Kallergis 602 Positionffitle Page61 o/63 12/31/16 12/31/19 12/31/19 12/31/17 12/31/19 12/31/14 12/31/19 Board and Committees Current Members Waterfront Protection Committee Sec. 2-190.122 Composition: The committee shall consist of: seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non- voting ex-officio members to be comprised as follows: 1) Seven (7) citizens having an interest in the preservation of the city's beaches and the purposes of the committee, 2) The city's environmental specialist as an ex-officio member, 3) An individual appointed by the Miami Dade County Department of Environmental Resources Management (DERM), Natural Resources Division who holds the position of Special Projects Administrator II as an ex-officio member and, 4) A member of the city's Beach Patrol. AS PER ORDINANCE 2014-3841, THIS COMMITTEE WILL BE DELETED IN ITS ENTIRETY ON 05/31/2014. City Liaison: Elizabeth Wheaton Vacancy: Members: Name Barbara Cheryl Morris Robert Brian Flynn Joe Fisher Margarita Wells Applicants Alan Fishman Gisela Colbert Kimberly Eve Luiz Rodrigues Silvia Rotbart To replace William Cahill To replace Jeffrey Feldman To replace Charles Fisher Last Name Hershkowitz Jacobs Sunshine Kraft Positionffitle (TL 12131/2014) 05/31/2014 Commissioner Ed Tobin 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 05/31/2014 Commissioner Micky Steinberg 12131/14 05/31/2014 Commissioner Joy Malakoff 12131/21 05/31/2014 Commissioner Michael Grieco 12131/15 05/31/2014 Commissioner Jonah M. Wolfson 12131/16 ex-officio, Miami-Dade Co. Dept of Env. Res. Mgmt. ex-officio, City's Beach Patrol Lifeguard II ex-officio, City's Environmental Specialist Positionffitle Applicants Andrew Fuller James Weingarten Larry Colin Robert Schwartz Position/Title Wednesday, February 26, lOU Page62of63 603 Board and Committees Current Members Youth Center Advisory Board Composition: The board shall consist of ten (10) members, Sec. 2-186 seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these student users must attend a middle school, and the other must attend a high school. The director of the office of children's affairs shall serve as a non-voting ex-officio member. The chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. AS PER ORDINANCE 2014-3841, THIS COMMITTEE IS DELmD IN ITS ENTIRElY ON 05/31/2014. City Liaison: Ellen Vargas Vacancy: Members: Name Annette Esther Michael Stephanie Maria Ruiz Applicants To oreplace Dana Turken To replace Paul Stein To replace Jeffrey Graff Last Name Cannon Egozi Choukroun Burnstine Rosen Positiontritle ex-officio student rep. of a Middle School ex-officio student rep. of a High School ex-officio Dir. of Children's Affairs Position/Title Andrea Lisa Travaglia Beverly Heller Wednesday, February 26, 1014 05/31/2014 Commissioner Michael Grieco 05/31/2014 Mayor Philip Levine 05/31/2014 Commissioner Micky Steinberg Term Ends: Appointed by: Term Limit: 05/31/2014 Commissioner Ed Tobin 12/31118 05/3112014 Commissioner Joy Malakoff 12/31117 05/31/2014 Commissioner Jonah M. Wolfson 12/31/19 05/31/2014 Commissioner Deede Weithorn 12131/15 Applicants Barbara Herskowitz Christy Farhat 604 Position!fitle Page 63of63 City Commission Committaas C001m1ttoo PosltDI ArstNamo Finance & Citywide Projects Committee Chairperson Vice-Chair Member Alternate Liaison Commissioner Deede Weithorn Commissioner Ed Tobin Commissioner Micky Steinberg Commissioner Michael Grieco Patricia Walker, CFO Flooding Mitigation Committee Chairperson Vice-Chair Member Alternate Liaison Commissioner Johah Wolfson Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Ed Tobin Bruce Mowry Land Use & Development Committee Chairperson Commissioner Joy Malakoff Vice-Chair Commissioner Jonah Wolfson Member Commissioner Michael Grieco Alternate Commissioner Deede Weithorn Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Vice-Chair Member Monday, February 24, 2014 Commissioner Ed Tobin Commissioner Micky Steinberg Commissioner Deede Weithorn 605 -ntodby Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Mayor Levine Page 1 of 2 Position ArstNaDIB Appolntad by Alternate Commissioner Joy Malakoff Mayor Levine Liaison Barbara Hawayek, City Manager Monday, February 24, 2014 Page 2 of 2 606 NON-CITY COMMISSION COMMITTEES Mayor Philip Levine • Miami-Dade Metropolitan Planning Organization VACANT: Formerly occupied by Mayor Matti Herrera Bower • South Florida East Coast Corridor Coalition • U.S. Conference of Mayors • National League of Cities • Florida League of Cities • International Hispanic Network • International Women's Forum-Arva Moore Parks • FlU Wolfsonian Advisory Board • Greater Miami Convention and Visitors Bureau Executive Committee • Girl Power Honorary Member • Miami-Dade County Tourist Development Council • Citizens' Oversight Committee/lnterlocal Agreement for Public School Facility Planning MDC VACANT: Formerly occupied by Commissioner Michael Gongora • Miami-Dade County League of Cities Commissioner Deede Weithorn • Miami-Dade County Homeless Trust Board Ricky Arriola • The Adrienne Arsht Center for the Performing Arts Center Trust Victor Diaz • Miami-Dade County Charter Review Task Force Mitchell Kaplan • The Adrienne Arsht Center for the Performing Arts Center Trust Richard Milstein • The Adrienne Arsht Center for the Performing Arts Center Trust F:\CLERI$ALL\a City Commission\Non City Commission Committees 03-05-2014.docx 607 THIS PAGE INTENTIONALLY LEFT BLANK 608 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the c:f;;;.ission FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: BOARD AND COMMITTEE AP OINTMENTS -CITY COMMISSION AT-LARGE APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. ANALYSIS Attached are the applicants that have filed with the Office of the City Clerk for the below at-large appointments. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee (Current Vacancies: 7) New Composition Effective May 31. 2014: The Affordable Housing Advisory Committee shall consist of eighteen (18) voting members with two-year terms. • Seven (7) members of the Affordable Housing Advisory Committee shall be direct appointments, one made by the Mayor and each commissioner. • The remaining eleven (11) members shall be appointed at large by a majority vote ofthe Mayor and City Commission. 2. Capital Improvements Projects Oversight Committee (Current Vacancies: 6) Note: Committee will sunset on May 31, 2014 3. Design Review Board (Current Vacancies: 2) 4. Health Advisory Committee (Current Vacancies: 3) 5. Health Facilities Authority Board (Current Vacancy: 1) 6. Historic Preservation Board (Current Vacancy: 1) F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 03-05-14.doc 609 Agenda Item 89111 Date _3 -S'-1~ 7. Parks and Recreational Facilities Board (Vacancies effective May 31, 2014: 6) New Composition Effective May 31, 2014: The Parks and Recreational Facilities Board shall be comprised of thirteen (13) voting members: • Seven (7) direct appointments, one made by the Mayor and each commissioner. • Six {6) at-large appointments as follows: Youth Center-Two (2) members having an affiliation with the city's youth centers, with one member affiliated with the Scott Rakow Youth Center, and one member with the North Shore Park Youth Center. Golf-Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the sport of golf. Tennis-Two (2) members who have demonstrated a high degree interest, participation and/or expertise in the sport of tennis. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497 Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the City Clerk section, located on the bottom right hand side of the webpage, click on the "Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. JM/REG 6 F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 03-05-14.doc 610 R9 -New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (8:30a.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (1 :00 p.m.} 611 Agenda Item R q B 1-)-. Date 3-~-14 THIS PAGE INTENTIONALLY LEFT BLANK 612 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Jonah Wolfson, Commissioner Date: February 1 1, 201 4 Re: Commission Agenda Item Please place on the March 5 1 2014, Commission Agenda the following item: With the recent news of gambling becoming an issue again throughout Miami·Dade County, I believe this Commission needs to reaHirm the past Resolution against gambling on Miami Beach to assure it is maintained in full force and eHect. Please feel free to contact my Aide, Brett Cummins at x6437, if you have any questions. JW V\/c ore· :....:Jtr;rrn~fed lc pri"-Niding excellent P'-'bl1c 5crv:ce u:1U sarety· to nil vvhD 11•/e 'A'::Jik.. ona' ploy :r1 Jui v.·brcr{. trnp1ro1, hi Agenda Item ......L.!g:....Lq_C __ 3-S-Il{ 613 Date RESOLUTION NO. 2011-27812 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REJECT ANY AND ALL EXPANSIONS OF GAMBLING, INCLUDING LEGISLATION TO LEGALIZE 11 DESTINATION CASINOS" IN FLORIDA. WHEREAS, the Florida Legislature is currently considering various measures that would substantially expand gambling in the State, and WHEREAS, the legislation being considered would allow for casino operations that rival in size and scope the gambling operations existing in Las Vegas and Atlantic City; and WHEREAS, notv.rithstanding the assurances of gambling promoters, historically, large scale casino operations cannibalize non-gambling businesses and have caused, for instance, the shuttering of forty percent of all restaurants and one-third of all retail businesses in Atlantic City; and WHEREAS, our community will bear the severe and painful economic and social costs that always accompany expansive gambling, including the misery of individuals and families touched by problem gambling as they are at higher risk of divorce, bankruptcy, child abuse, domestic violence, crime, and suicide, and WHEREAS, expanded gambling promotes corruption of the governmental process as immensely wealthy gambling companies from all over the world seek to receive benefits from state governmental entities that regulate their existence and profits, and WHEREAS, if gambling interests are allowed to obtain major casino expansion, full scale casino and gambling operations will became commonplace throughout our community and our State, and WHEREAS, inward facing mega-developments will privatize public streets, destroy the pedestrian experience of downtown neighborhoods, exacerbate traffic, and denigrate the quality of life in our community; and WHEREAS, the false promises of increased revenue and jobs, like the broken promises that accompanied the lottery and other gambling expansions, are intended to convince Floridians to make a fool's gamble with their future, and WHEREAS, based upon the foregoing concerns, the Mayor and City Commission of the City of Miami Beach, Florida, hereby urge the Florida Legislature to reject any and all expansions of gambling in the State of Florida, including any legislation which would legalize so called "destination casinos " · . ? 614 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Florida Legislature is hereby urged to reject any and all expansions of gambling, including legislation to legalize so called "destination casinos" in Florida. PASSED AND ADOPTED this /ffi, day of December, 2011 ATTEST: F-\A TIO\TURNIRESOS\Casino Gambling_docx 615 THIS PAGE INTENTIONALLY LEFT BLANK 616 --··-·----····-----------·-··--------------·. ~~~~~~~~- (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City c/mmission Jimmy L. Morales, City Manager ~ FROM: DATE: March 5, 2014 SUBJECT: DISCUSSION REGARDING NEGO IATING WITH GATEWAY DEVELOPMENT, INC., FOR THE PURPOSE OF PU CHASING THE PROPERTY LOCATED AT 1100 5TH STREET, MIAMI BEACH, FLORIDA 33139, FOR THE FUTURE DEVELOPMENT OF AN INTERMODAL FACILITY. BACKGROUND As you know, in August 2013 the City and the Miami-Dade Metropolitan Planning Organization (MPO) began the "Beach Corridor Transit Connection Study" to study transit connections between the City of Miami Beach and City of Miami. The objective is to develop efficient and effective mass transit improvements that will enable commuters, residents, and visitors to more efficiently travel between the mainland and Miami Beach. The scope of service requires examination of a light rail alternative in the form of catenary-free (cable-less) electric streetcar system across the MacArthur Causeway. Although the Study is not yet complete, most of the alternative alignments under evaluation traverse the intersection of Alton Road and 5th Street; therefore, if a premium mass transit connection between Miami Beach and the mainland is developed at any point in the future, a transit intermodal facility at this critical junction in Miami Beach will be required to provide interface between more than one mode of transportation for the public. In 2000, the City hired Corradino to conduct an intermodal feasibility study. The study analyzed the following eleven (11) sites: • 5th Street and Michigan Avenue • 5th Street and Alton Road • West Avenue and Dade Boulevard • 17 1h Street and Washington Avenue • Convention Center Lot • City Hall Parking Lot • City Hall Lot East • Dade Boulevard and Pine Tree Avenue • Indian Creek and Collins Avenue • 83rd Street and Collins Avenue North • 83rd Street and Collins Avenue South The 51h and Alton Road area was one of the sites analyzed because it offers excellent connections to both bus and future rail transit to/from Miami and could serve as an intercept location for traffic traveling to South Beach and the entertainment district. However, the negative impact of this area is that it borders a residential area and is immediately adjacent to 617 Agenda Item 8 q D Date 1~5-/l/ City Commission Memorandum 1100 5th Street Discussion March 5, 2014 Page2 South Pointe Elementary. The lntermodal Feasibility Study specified that the minimum space needed for an intermodal transfer station would be approximately 26,000 square feet, and an intermodal center and parking garage with ancillary retail opportunities would need approximately 81,600 square feet at a minimum on multiple levels. An intermodal facility at Alton Road and 5th Street would also address a short term need for a transit hub in the South Beach area. Currently, six (6) Miami-Dade Transit (MDT) bus routes, including the South Beach Local, traverse the intersection of Alton Road and sth Street. Two of these routes (Route S and Route 120 -Beach Max) have among the highest ridership in the MDT county bus system. However, staff would need to analyze the property to determine how to accommodate the short term need while maintaining the existing commercial uses. The Administration was recently made aware that property located at 1100 5th Street, which is owned by Gateway Development, Inc, is currently being advertised for sale by Marcus and Millichap. The property is 32,650 square feet (0. 75 acres) and currently includes two tenants, Pier 1 Imports and Burger King. The City has several lots adjacent to this property that would be added to the site and total 12,625 square feet, that if combined with the subject property is approximately 1 acre. The property is zoned Commercial General Mixed-Use (CPS-2) that allows retail, office, multi-family, etc. uses with FAR of 2.0 and height of 7 stories. Attached please find additional information regarding the listed property for your reference. CONCLUSION The Administration is seeking direction from the Mayor and City Commission regarding whether or not to enter into negotiations with Gateway Development, Inc. for the potential purchase of the property located at 1100 5th Street for the future development of an intermodal facility. JLM/Kt/MAS T:\AGENDA\2014\March\1100 5th Street lntermodal Facility Discussion Memo.dOCX 618 Property Information Map -Property Information Map Aerial Photography-2012 My Home Miami-Dade County, Florida a-129ft This map was created on 2/13/2014 12:26:19 PM for reference purposes only. Web Site© 2002 Miami-Dade County_ All rights reserved. egt Page 1 of 1 Summary Details· Folio No.: 2--4203-009-8190 Property: 1100 5 ST Mailing GATEWAY DEVELOPMENT Address: INC ~79 N HIBISCUS DR MIAMI BEACH FL 33139-5121 Property Information· Primary Zone: ~503 COMMERCIAL lr.LUC: 0011 RETAIL OUTLET Beds/Baths: p!O Floors: Living Units: ~ ~dj Sq Footage: 17,878 Lot Size: 32,650 SQ FT r-tear Built: 1996 pCEAN BEACH ADDN NO 3 PB 2-81 LOTS 3 LESS EXT AREA OF Legal jcURVE IN NWCOR FOR RfW & LOT 4 BLK Description: 103 & LOTS 5 THRU 9 pF OCEAN BEACH f.DDN NO 3 RE-SUB PB 126-62 LOT SIZE 32650 SQFT Assessment Information· [Year: 2013 Land Value: $4,785,500 Building Value: $1,000 Market Value: $4,786.500 Vlssessed Value: $4,786,500 Taxable Value Information· Year: 2013 axing Authority: Applied Exemption/ Taxable Value: Regional: $0/$4.786,500 LOUnly: $0/$4.786,500 :ity: $0/$4,786,500 School Board: $0/$4,786,500 Sale Information· Sale Date: 3/1994 Sale Amount: $1,150.000 Sale 0/R: 16289-1282 Sales Deeds which include ()ualification more than one parcel Description: View Additional Sales http:/ /gisims2.miamidade.gov /myhome/printmap.61911apurl=http://gisims2.miamidade.g... 02/13/2014 en N 0 The Gateway to Miami Beach 1100 5th Street Miami Beach, FL 33139 Offering Summary Price $26,304,775 Current Net Operating Income $802,899 Cap Rate 3.05% Gross Leasable Area (GLA) 18,136 Price/SF $1,450.42 Rent/SF $44.43 Down Payment $26,304,775 Cash on Cash Return 3.05% Year Built I Renovated 1995/2004 Lot Size 32,650 SF Annualized Operating Data Tenant Lease Type Lease Commencement Lease Expiration Lease Term Remaining Triple Net (NNN) see Offering see Offering see Offering Offices Nationwide 5201 Blue Lagoon Drive, Suite 100 Miami, FL 33126 • Tel: (786) 522-7000 Fax: (786) 522-7010 www.marcusmillichap.com This Information ~as been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the acwracy of the information. References to square footage or age are approximate. Buyer must verify the information and bears all risk for any inaccuracies_ Marcus & Millichap Real Estate Investment Services is a service mark of Marcus & Mil~c~ap Real Estate Investment Services of Florida© 2014 Marcus & Millichap (Activity ID: U0390108 Property ID: 1798619) en N ~ 1100 5th Street· Miami Beach. FL 33139 Investment Overview Marcus & Millichap has been selected to exclusively market for sale The Gateway to Miami Beach. The one of a kind site includes two buildings with two national tenants, Pier I Imports and Burger King. The Pier I building consists of 8,504 square feet on the ground level with an additional 3,432 square feet on the second floor. The adjacent Burger King building is 5,000 square feet and includes a second floor with 1200 square feet of air conditioned storage/office space. The lot totals 32,650 square feet (0.75 acres). Investment Highlights • Site Includes Two Buildings with Two National Tenants Prime Future Re-Tenant/ Redevelopment Potential Mixed-Use Commercial Zoning Designation Allows for Creative Redevelopment Options Distinct Modern Architecture Extreme High Profile South Beach Location In the Exclusive Neighborhood of "South of Fifth" (SOFI) Daily Traffic Counts of 92,000 Cars per Day Financing Lender/Servicer Loan Amount Loan Type Maturity Date Interest Rate Amortization Annual Debt Service Demographics 1 Mile 2010 Population 28,863 20 1 0 Households 17,790 Average HH Income $84,125 This 1nformation has be on secured from sources we believe tn he reliable. but ·~\'o make no representations or w~r~.?1n11es_ mq:Hc-sscd or implied. as to the ac:::urac:y of th~ inform<;;tion. Rderences to sqL~re footage or cge arc approximate. Buyer mus: verify :he mforma'.1on and bears ali nsl\ for an~ innr.c:ura:::ie~ tvlc:Hcus & "..~1lhcl"ap Real Es~ate Investment S~r-lices. is~ scrv1:e mark of Marcus & flllillrchap Real Eo late Investment Servrces of Flomla 2014 Marcus & Mrlli·:hap (Activoly 10: U0390i03 Property 10: 17~Rfi19) N/A $0 N/A N/A 0% 0 $0 3 Miles 5Miles 54,647 201,890 31,637 97,050 $100,147 $76,522 Exclusively Listed By Marcus Millichap Real Estate Investment Services PROPERTY DESCRIPTION THE GATEWAY TO MIAMI BEACH Marcus &.Millichap (SAl rS COMP #3-SEE PAGE 24) .. ..--e 'll1h ltifOrl'm.tlotl h.u ken ~ccluc~ol fmm ~mm::r~ v.;e believe lO t:.t rdiabl<:. but we make no IC!.:uc . ..cm.Hiom m w.nrand-es, exprt'j:5ed ot implied, ;H to ~hi: a.;;,urao;;:y u( the: itlfortm.(L(JIL Rtfer~nces t(l ~quuc tootag< or age:: are approximate. Burel mu.sr n:nfy lh.: mformarJ.on and ho:at~ all risk tor anr in.lccur.ll.l';;~. Any p11.1)t:<..uum, opiniom, a~'-umprio!ls ot cstitm.tcs IJ.5cd hcro;:in .J..tc for cxampl•;: }JUfl.lU~'"!-otml~· :~.nd dCI nn~ r<-prr:-,cnr rhc ..;:un-r::nt or future ~crfOrmam.c ~l1ln: uwncnv. MarLu~ & Milkh:in K("al Estate lnn:~tmcm Servi1...1;:~ 1~" S-1:1\-IC-C m;.~rJ.. (Jr:\1arcm &· \1ilhrha(l Real EHatc Investment Scrvin::s. lnc. ©to!' ~bto;,.u~ & \1i11H.:han ACT ID U0390108 I I en N ~ PROPERTY DESCRIPTION THE GATEWAY TO MIAMI BI::ACH Site Plan ==========::..0 w :::) z UJ ~ ~ z w ....J Existing Burger King Restaurant Building 1 6. ...0 f---------\;;fH Y L 0 T \)" 5TH STREET Existing Pier 1 Imports Building 2 ~ ~ 't-~ 9z () lc :::-=:-~ 5TH STREET _,---~~·-----------------~ -_U 12 [Vl'!_~S~~ Mill ichap 'Jht~ bfOtmJtion h:Hi bcch 3Coc:urccl from ~ml•'--=~ we ht:licvc m he-rtli.able, but v...c make no rcprcscmJtiOtt!. 01 w.a.nJIIllc~. cxprc~.~.cd or implij<'<L ::1s w ~llc a.c<tuacy of the intorm;l:tion. Reference~ to "S.qUJ.Ie fot,)~.l~~ 1.1r <~gl' ;:;ar~ appro-x•mat<..:. Buyer mu~t verify d1c infurrn~1iun and hear.,; all r1'k for any inaccur.~cics. Any proJ~tioru, op1niom.. ~~UllljJtmns or c::nimaH·s ust·d hetd:h ate tot c~ampk purp-ose~ only and !.io no~ r<:pT-e$Cnt lb~;: t.I,J.tlrtlt or fumrc ocrformarH.:o;. of~hc oroocm·. M.m.m & Millu har1 Rl'al F.~,.-:~r(' lmT<;(mcnt Service• L~ a ~crvicc mark ofM.ucus & M1ll~o:..h.m Rc.:-a.l Es.I<~.rl" lrwC'imr:nL Se"-'iu:-~ lth (Q 2:0J 1 M;aLU' & Millkh;~.p ACT ID U0.':\90108 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jimmy L. Morales, City Manager Deede Weithorn, Commissioner February 20, 2014 Agenda Item for March 5, 2014 Commission MEMORANDUM Please place on the March 5, 2014 Commission Meeting a Discussion and Referral to Neighborhood/Community Affairs Committee-The $15 flat rate parking fee during events at the City Hall parking garage located at 17'h Street and Meridian. Parking for residents visiting City Hall should be easily accessible and not limited to the few parking spaces on Convention Center drive. Often these designated parking spaces are blocked and inaccessible during events. If you have any questions please contact Lauren Carra at extension 6528 or LaurenCarra@miamibeachfl.gov. V\le ere cor·1rnr.~ed •o ~·cvdi"g excet.'er'f o,,iJIJc ser,ice ~wd s.:·:· ·•-.-•·-· :J;r ,,,,,_, !rve, work, cr•d plrJ)· ;n our >ibron!. rropicol_ hi: Agenda Item R q E Date 3-S"'-tt.( 625 THIS PAGE INTENTIONALLY LEFT BLANK 626 R9 • New Business and Commission Requests R9F Discussion Regarding The Miami Beach Centennial Celebration. (Requested by Vice-Mayor Micky Steinberg} 627 Agenda Item B 9 F Date 3-5-1<{ THIS PAGE INTENTIONALLY LEFT BLANK 628 lD MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: Members of the City Commission CC: Jimmy Morales, City Manager Rafael Granado, City Clerk FROM: Philip Levine, Mayor DATE: February 25, 2014 MEMORANDUM SUBJECT: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Urging the Florida Legislature to Reject Any and All Expansions of Gambling, Including Legislation to Legalize "Destination Casinos" In Florida Please place the aforementioned item on the March 5th City Commission Agenda. Resolution language will be forthcoming. If there are any questions or concerns, please do not hesitate to contact Alex Miranda at AlexMiranda@MiamiBeachFI.gov. 629 Agenda Item Rq Cr Date 3-S-Il[ RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REJECT ANY AND ALL EXPANSIONS OF GAMBLING, INCLUDING LEGISLATION TO LEGALIZE "DESTINATION CASINOS" IN FLORIDA. WHEREAS, the Florida Legislature is currently considering various measures that could substantially expand gambling in the State; and WHEREAS, the legislation being considered would allow for large scale casino operations and potentially allow the expansion of existing gambling to additional locations throughout Miami-Dade County; and WHEREAS, notwithstanding the assurances of gambling promoters, historically, large scale casino operations cannibalize non-gambling business and, for instance, caused the shuttering of forty percent of all restaurants and one-third of all retail businesses in Atlantic City; and WHEREAS, our community will bear the severe and painful economic and social costs that always accompany expansive gambling, including the misery of individuals and families touched by problem gambling as they are at higher risk of divorce, bankruptcy, child abuse, domestic violence, crime, and suicide' and WHEREAS, expanded gambling promotes corruption of the governmental process as immensely wealthy gambling companies from all over the world seek to receive benefits from state governmental entities that regulate their existence and profits; and WHEREAS, if gambling interests are allowed to obtain major casino expansion, full scale casino and gambling operations will become commonplace throughout our community and our State; and WHEREAS, inward facing mega-developments will privatize public streets, destroy the pedestrian experience of downtown neighborhoods, exacerbate traffic, and denigrate the quality of life in our community; and WHEREAS, the false promises of increased revenue and jobs, like the broken promises that accompanied the lottery and other gambling expansions, are intended to convince Floridians to make a fool's gamble with their future; and WHEREAS, based upon the foregoing concerns, the Mayor and City Commission of the City of Miami Beach, Florida, urge the Florida Legislature to reject any and all expansions of gambling in the State of Florida, including any legislation which would legalize "destination casinos." 630 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Florida Legislature is hereby urged to reject any and all expansions of gambling, including legislation to legalize so called "destination casinos" in Florida. PASSED AND ADOPTED this __ day of-------' 2014 PHILIP LEVINE, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK ;. ,__,/ 631 THIS PAGE INTENTIONALLY LEFT BLANK 632 ~ MIAMI BEACH ...._.... OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Michael Grieco, Commissioner DATE: February 26 1h, 2014 SUBJECT: Agenda Item for March 5th, 2014 City Commission Meeting Please place on the March 51h City Commission Meeting Agenda as a discussion regarding commercial vehicles blocking lanes; on the following streets: Washington Avenue, Collins Avenue, Ocean Drive, and West Avenue; enforcement and long-term solutions. If you have any questions please do not hesitate to contact Danila Bonini at extension 6457. MG/db vVe ore COM'IIi~ed rc providing excelien! ouofic serv1ce c:md sale;v !o a!l who l1ve, we,''-, and ciay m our v,bra,1r, tropical, h1 Agenda Item ~._.§'='qu.H.,___ Date 3-5"'-fl{ 633 SUPPLEMENTAL MATERIAL 1: Petition SUPPLEMENTAL MATERIAL 2: Copies of Ordinance No. 2011-3718 R5C Discussion Regarding Ordinances/Amending the Code of the City of Miami Beach, by Amending Chapter 106 Entitled "Traffic and Vehicles". ACTION: On January 19, 2011, the Mayor and Commission referred item R5L to the Land Use and Development Committee for further discussion. The referral was granted based upon the request from the Ocean Drive Association regarding concerns with various components of the proposed ordinance. '0/e ere commiffed tc providing excellent public ser'trce and saFety ro all who live, work, and ,oiay' in our vibrant, troprccl, hrstoric communi~; 634 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: February 251h, 2014 SUBJECT: Agenda item for March 5th, 2014 City Commission Meeting Please place on the March 51h, 2014 City Commission Meeting Agenda a discussion regarding providing fire service to Indian Creek Island. Please advise all interested parties. If you have any questions please do not hesitate to call our office. Best Regards, Dessiree Kane on behalf of Commissioner Ed Tobin 635 Agenda Item RCfi Date .3 -)"-/'{ THIS PAGE INTENTIONALLY LEFT BLANK 636 -------------···-·-·-····--- (e MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Ed Tobin, Commissioner DATE: February 251h, 2014 SUBJECT: Agenda item for March 5th, 2014 City Commission Meeting Please place on the March 51h, 2014 City Commission Meeting Agenda a discussion regarding the Alton Road medians. Please advise all interested parties. Please make sure that staff has a traffic engineer available that has studied this item and is prepared to provide expert advice regarding traffic flow along Alton Road and can discuss pros and cons. If you have any questions please do not hesitate to call our office. Best Regards, Dessiree Kane on behalf of Commissioner Ed Tobin 637 Agenda Item R q I Date .3-5-IY THIS PAGE INTENTIONALLY LEFT BLANK 638 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Michael Grieco, Commissioner DATE: February 25th, 2014 SUBJECT: Agenda Item for March 5th, 2014 City Comm~ssion Meeting Please place on the March 51h City Commission Meeting Agenda as a discussion regarding CIBO Restaurant project located on South Pointe Drive. We would like to request a time certain for this matter. If you have any questions please do not hesitate to contact Danila Bonini at extension 6457. MG/db \.Ye are commirteci to pro\',' ding exce:let'i pc.b::: 5ervio: c•~:J ~ •. : 'V !c ali •vi•· . .' live, woi'k und play in uc· vrbr:Jn,'. tropicol. l,r-·A~~nda Item R q K Date :3 -Y-IY 639 SUPPLEMENTAL MATERIAL 1: Petition SUPPLEMENTAL MATERIAL 2: Copies of Ordinance No. 2011-3718 R5C Discussion Regarding Ordinances/Amending the Code of the City of Miami Beach, by Amending Chapter 106 Entitled "Traffic and Vehicles". ACTION: On January 19, 2011, the Mayor and Commission referred item R5L to the Land Use and Development Committee for further discussion. The referral was granted based upon the request from the Ocean Drive Association regarding concerns with various components of the proposed ordinance. 1cVe ore committed to providing excel/en/ ptrt:!rc serv1ce urd sCJ'~r! r,• dl .,.,;,.' /;ve, work, and play in ou•· vibrant, lropical, ht~.lonc comfn<Jnily. 640 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Micky Steinberg, Commissioner DATE: February 24, 2014 SUBJECT: Agenda item for March 5, 2014 City Commission Meeting Please place on the March 5th City Commission Meeting an ordinance to prohibit the sale of E-Cigarettes to minors or by vending machines within the City of Miami Beach. Thank you! If you have any questions please do not hesitate to call our office. MIAMI BEACH Commissioner Micky Steinberg OFFICE OF MAYOR AND COMMISSION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7103 f Fax: 305-673-7096 I www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant. tropical, historic community. V\lo ore cornmitted ;'-' p1o,•idi•i.CJ excel/en/ pub.·~· service and,~,,. ·'y /,·) nil wl"·' live, ,-..·ark, and pia)' in our vibronl, lropicol, h'·A~-~~d~--~tem R9 L 641 Date 3 -S:. /l( THIS PAGE INTENTIONALLY LEFT BLANK 642 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO Mayor Philip Levine and Members of the City Commission FROM: Jose Smith, City A~¥ cf- DATE / -,.. /Ct : /'._. 4 ' I . . March 5, 2014 . . ./ -..._ ----~.-----·. ; SUBJECT City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. JPMorgan Chase Bank, N.A. vs. Mary Sbert Davis, et al., Case No. 14-354 CA 05 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 18357 NW 86 Place, Florida. The Summons and Verified Complaint were served on the City on January 28, 2014. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 30, 2014. 2. Timothy Berkholz v. City of Miami Beach, in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida Case No. 14002245CA01 The City was served with this complaint on February 3, 2014 alleging that on April22, 2011, the plaintiff, Timothy Berkholz, was driving a scooter heading west on 1st Street between Ocean Drive and Ocean Court in Miami Beach when the front wheel of the scooter struck a pothole on the street. Plaintiff was ejected over the handlebars of the scooter and allegedly sustained injuries. We shall file our answer to the complaint and propound discovery to the plaintiff. 3. JPMorgan Chase Bank. N.A. vs. Dennis Lawton, et al.. Case No. 13-37103 CA 15 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 252 Jefferson Avenue, Unit 10, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on February 13, 2014. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on February 19, 2014. Agenda Item 'fZl.IO A- Date .3-S"-/lf 644 City Attorney's Report March 5, 2014 Page2 4. Federal National Mortgage Association vs. Wilfreda Luis, et al., Case No. 13- 3741 CA 22 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1250 West Avenue, Unit 4-D, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on February 18, 2014. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on February 19, 2014. JS/EB/SR/Ir F:\ATIO\AAOFF\AAOFF\FILE.#S\2014\Status report GAO 030514.docx 645 z "T1 0 -I m s en 1. Reports and Informational Items (see LTC 062-2014). Agenda Item I Date ---..j ------:::oS'"......,..-Jlf-:-- 647 THIS PAGE INTENTIONALLY LEFT BLANK 648 /'v'\IAJ\/\1 BEACH LETIER TO COMMISSION #-0'5"7,. ~otlf To: Mayor Philip Levine and Members From: Jimmy L. Morales, City Manager tt--...,d::>:c::::::::::::: Date: February 21, 2014 Subject: List of Projects Covered by the Co of Silence Ordinance In an effort to disseminate information to elected officials and City staff relative to projects that are covered by the requirements of the City's Cone of Silence Ordinance, following please find a list of all current solicitations (i.e., Invitation for Bids {"Bids"), Request for Proposals (RFPs), and Request for Qualifications (RFQs), that to date are covered by said ordinance. Please note that the Cone of Silence is in effect from the date the solicitation is advertised as indicated below, through date of award by City Commission. Date Document Advertised Number and Issued Document Title Department PW-Property 2013-069 8/27/2013 Elevator Maintenance Management Parks and 2013-171 5/23/2013 Playground Fence at South Pointe Park Recreation Solid Waste Franchise Contractors to Provide Commercial Waste Collections and Disposal Public Works- 2013-178 11/22/2013 Services Sanitation Management and Operations of the Street Tourism Culture 2013-317 8/19/2013 Markets Development 2013-390 11/1/2013 Pharmaceuticals and Medical Supplies Fire Department Construction Manager At Risk Services For The 2013-454 12/13/2013 Construction of Collins Park Place CIP/Public Works 2014-001 10/31/2013 Electronic Agenda System City Clerk 2014-029 12/13/2013 Automatic Transmission Rebuild Services Fleet Division Estimated Issuance Sunset Island 3 and 4 Right -of-Way 2014-051 TBD Infrastructure Improvements CIP Insurance Broker of Record for Property and Human Resource- 2014-056 12/12/2013 Liability Insurance Risk HVAC Equipment, Installation, Parts and PW-Property 2014-066 12/6/2013 Services Management 2014-069 1/15/2014 Light Poles, Fixtures and Bases Public Works Agenda Item &-- 649 Date j-<{-Jl{ Pagel2 Date Document Advertised Number and Issued Document Title Department Estimated Issuance Lease/Rental of Vehicles for the Police 2014-083 2/26/2014 Department Police 2014-086 12/18/2013 Citywide High Tide Mitigation Project Public Works 2014-087 1/17/2014 Citywide Demolition Services Building 2014-091 2/6/2014 Investment Advisory Services Finance 2014-093 1/9/2014 South Pointe Park Landscape Remediation Project CIP 2014-094 1/22/2014 Miami Beach Golf Course Drainage Remediation CIP 2014-095 1/21/2014 Alexander Muss Park Pavilion CIP Estimated 2014-116 Issuance 2/24/2014 For Traffic Engineering Services Planning Department Estimated 2014-127 Issuance 3/7/2014 Medical Services Human Resources Estimated Issuance 2014-128 2/14/2014 Provision of Governmental Consulting Services City Manager Estimated Issuance 2014-130 2/14/2014 Online City Merchandise Store Tourism Design Criteria Professional Services for the 2014-142 2/14/2014 Miami Beach Convention Center Renovation City Manager Office Estimated Enhancements to the City's Parking Garage Issuance Gated Parking Revenue Control System 2014-170 3/7/2014 Software, Hardware, Firmware and Equipment Parking Dept Please note that ITBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is recommended that you or your staff view the list of projects on a regular basis. Should you have any questions, or need additional information, please feel free to contact me. C: ~ecutive Staff and Management Team JLM:f~:A~ F:IPURC\$ALL\MONTHL Y REPORTS\CONE LTC\13-14\March 2014 Cone L TC.docx 650 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochA.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: REPORT FROM COMMISSIO COMMITTEES OF WITHDRAWN ITEMS NOT HEARD WITHIN (6) SIX MONTHS FROM REFERRAL DATE. At the February 6, 2013 City Commission Meeting, Commissioner Jerry Libbin placed a referral to the Neighborhood/Community Affairs Committee (Item R9D) to discuss items that are referred to Commission Committees to be reviewed if not heard by that Committee within (6) six months of its referral dates. On February 19, 2013, the Neighborhood/Community Affairs Committee unanimously moved that pending referred items be removed if not heard after six months, with a report of withdrawn items on the monthly City Commission agenda. On the March 13, 2013 Commission Meeting, the Commission passed Resolution No. 2013- 28147, accepting the recommendation of the Neighborhood/Community Affairs Committee, automatically withdrawing items referred to City Commission Committees if not heard within six (6) months from its referral date, and recommending inclusion of a report in City Commission agenda transmitting a list of withdrawn items. Finance & Citywide Projects Committee There are no items to be automatically withdrawn at this time. Flooding Mitigation Committee There are no items to be automatically withdrawn at this time. Land Use & Development Committee There are no items to be automatically withdrawn at this time. Neighborhood/Community Affairs Committee There are no items to be automatically withdrawn at this time. JMLIREG ~ T:\AGENDA\2014\March\Committee Items Removed after 6 months.docx 651 Agenda Item --.:3~.-- Date ,3-'5"-/t( THIS PAGE INTENTIONALLY LEFT BLANK 652 ::0 c )> Commission Agenda, March 5, 2014 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive March 5, 2014 Chairperson of the Board Philip Levine Member of the Board Michael Grieco Member of the Board Joy Malakoff Member of the Board Micky Steinberg Member of the Board Edward L Tobin Member of the Board Deede Weithorn Member of the Board Jonah Wolfson Executive Director Jimmy L. Morales Assistant Director Joe Jimenez General Counsel Jose Smith Secretary Rafael E. Granado 1. NEW BUSINESS AGENDA A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Accepting The Recommendation Of The City's Finance And Citywide Projects Committee (FCWPC); Approving And Authorizing The Chairperson And Secretary To Execute A Lease Agreement Between The Miami Beach Redevelopment Agency (Landlord) And Vacation Tours, Inc. (Tenant), In Connection With The Use Of Suite "J" At The Anchor Shops, Located At 100 16th Street, Suite No. 5, Miami Beach, Florida (Space), For An Initial Term Of Three (3) Years, Commencing On March 18, 2014 And Ending On March 17, 2017, With One (1) Renewal Option Of Three (3) Years, At The RDA's Sole And Absolute Discretion, Subject To And Pursuant To The Terms And Conditions Set Forth In The Agreement; And Further Approving And Authorizing The Rda To Enter Into An Agreement With Tenant, For A Month To Month Tenancy, Until Such Time As A New Lease Is Executed. (Tourism, Culture & Economic Development) End of RDA Agenda 16 654 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and are generally held on the same day the Miami Beach City Commission holds their regularly scheduled meetings. The Redevelopment Agency meetings commence at 10:00 a.m. 1. Jimmy L. Morales has been designated as the Agency's Executive Director. Rafael E. Granado has been designated as the Agency's Secretary. 2. Person requesting placement of an item on the agenda must provide a written statement to the Agency Executive Director, 4th Floor, City Hall, 1700 Convention Center Drive, telephone 305.673.7285, outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment will be set up to discuss the matter with a member of the Executive Director's staff. Procedurally, "Request for Agenda Consideration 11 will not be placed upon the Agency agenda until after Administrative staff review. Such review will ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their presentation and will be limited to those subjects included in their written request. Such written requests must be received in the Executive Director's office no later than noon on Tuesday of the week prior to the scheduled Agency meeting to allow time for processing and inclusion in the agenda package. 3. Once an agenda for the Redevelopment Agency meeting is published, and a person wishes to speak on items listed on the agenda, he/she may call or come to the Agency Secretary's Office, 1st floor, City Hall, 1700 Convention Center Drive, telephone 305.673.7 41 1, before 5:00 p.m., on the Tuesday prior to the Agency meeting and give their name, the agenda item to be discussed and, where known, the agenda item number. 4. The Agency agenda is available via the City's website, (www.miamibeachfl.go'{) on the Thursday prior to the Agency meeting or may be reviewed at the Agency's Secretary Office (City Clerk's Office) on the Thursday prior to the Agency's regular meeting. 5. All persons who have been listed by the Agency Secretary to speak on the agenda item in which they are specifically interested will be allowed up to three (3) minutes to present their views. Rafael E. Granado Agency Secretary F:\CLER\CLER\CITYCLER\RDA Agenda .V4.doc 655 REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: Resolution of the Chairperson and Members of the Miami Beach Redevelopment Agency (RDA), accepting the recommendation of the City's Finance and Citywide Projects Committee (FCWPC); approving and authorizing the Chairperson and Secretary to execute a lease agreement between the RDA (landlord) and Vacation Tours, Inc. (Tenant), in connection with the use of suite "J" at the Anchor Shops, located at 100 161 h Street, Suite No. 5, Miami Beach, Florida (Space), for an initial term of three (3) years, commencing on March 18, 2014 and ending on March 17,2017, with one (1) renewal option of three (3) years, at the RDA's sole and absolute discretion, subject to and pursuant to the terms and conditions set forth in the agreement; and further approving and authorizing the RDA to enter into an agreement with tenant, for a month to month tenancy, until such time as a new lease is executed. Key Intended Outcome Supported: Increase resident satisfaction with the level of services and facilities. Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61% of the same group would recommend Miami Beach as a place to do business. Issue: Shall the RDA approve the execution of a new lease with Tenant and further authorize the Chairperson and Secretary to execute an a reement for a month to month tenanc with Tenant endin lease execution? Item Summary/Recommendation: Tenant's current 15 year lease for space located at the Anchor Shops, on 16" Street, between Collins Avenue and Washington Avenue, is set to expire on March 17, 2014. Tenant submitted a Letter of Intent, setting forth the terms for a new Lease (Tenant's Offer), which was referred, by Staff, to the Finance and Citywide Projects Committee (FCWPC), at its February 21,2014 meeting. The FCWPC recommended that the RDA execute a new lease containing the following material terms from Tenant's Offer, and further recommended authorizing RDA to execute an agreement for a month to month tenancy, pending final lease execution: Date: Initial Lease Term: Renewal Options: Base Rent: Annual Rent Increase: CAM Pass-Through: Rent for Renewal Option Period: Guarantee: March 18, 2014 Three (3) years One (1) @ three (3) years, at Landlord's sole and absolute discretion. The initial base rent of $55.00/sq. ft. (721 square feet); $3,304.58 per month; $39,655 per year; plus applicable Sales Tax. The greater of CPI or 3% $10.00/sq. ft.; $600.83 per month; $7,210.00 per year, for first year, subject to adjustment, commencing year two, based upon Tenant's proportionate share of operating expenses, real estate taxes and insurance Reset to prevailing market rate with annual escalations by the greater of CPI or 3%. Owners and Officers Based upon the appraisal prepared by Blazejack & Company, effective as of November 1, 2013, finding that market rent for the Space is $55.00 psf and that the cost for operating expenses for similar spaces in the area is $15.00 psf, coupled with Tenant's long standing history and the benefit of not having to incur the expense of marketing and leasing the Space, the Administration recommends a resolution authorizing the RDA to execute a new lease with Tenant. based upon the material terms set forth in the Tenant's Offer, and, if necessary, to further execute an agreement for a month to month tenancy, based upon the Tenant's current rent structure, pending lease execution. Board Recommendation: Finance & Citywide Projects Committee. February 21, 2014-Recommendation in favor of execution of New Lease and an a reement for a Month to Month Tenanc , endin final lease execution. Financial Information· Source of Funds: n/a I Amount I 1 n/a Financial Impact Summary: City Clerk's Office Legislative Tracking: Max Sklar, Extension 6116 Sign-Otfs: Depa#ni DirA Ct<?J / Assistant City Ma)IBger MS w /(../' KGB --;f'r!" AJ.. -· v / / .I T:\A 9ENDA~r.March\RDA\Vacation Tours New Lease RDA Su~mary 3-5-2014 C9 MIAMIBEACH 656 Account .... City ty1~ager JLM \ Yff' ~ AGENDA ITEM I A DATE j~S-ll.f C9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov REDEVELOPMENT AGENCY MEMORANDUM TO: Chairperson and Members of the Miami Beach R development Agency FROM: Jimmy L. Morales, Executive Director DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE CHAIR RSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT GENCY (RDA), ACCEPTING THE RECOMMENDATION OF THE Cl S FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC); APPROVING AND AUTHORIZING THE CHAIRPERSON AND SECRETARY TO EXECUTE A LEASE AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY (LANDLORD) AND VACATION TOURS, INC. (TENANT), IN CONNECTION WITH THE USE OF SUITE "J" AT THE ANCHOR SHOPS, LOCATED AT 100 16TH STREET, SUITE NO.5, MIAMI BEACH, FLORIDA (SPACE), FOR AN INITIAL TERM OF THREE (3) YEARS, COMMENCING ON MARCH 18, 2014 AND ENDING ON MARCH 17, 2017, WITH ONE (1) RENEWAL OPTION OF THREE (3) YEARS, AT THE RDA'S SOLE AND ABSOLUTE DISCRETION, SUBJECT TO AND PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT; AND FURTHER APPROVING AND AUTHORIZING THE RDA TO ENTER INTO AN AGREEMENT WITH TENANT, FOR A MONTH TO MONTH TENANCY, UNTIL SUCH TIME AS A NEW LEASE IS EXECUTED. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND Tenant currently operates a travel business at Suite "J" at the Anchor Shops, located at 100 161h Street, Suite No. 5, Miami Beach, Florida (Space). This Space is part of a project which has a parking garage and approximately 19,776 square feet of ground retail space (collectively, Anchor Garage and Shops), located on 161h Street, between Collins Avenue and Washington Avenue. Tenant's partner, Budget Reservation Service Corp. (Subtenant), entered into a retail sublease with MB Redevelopment, dated as of August 12, 1998, for a term of fifteen (15) years, commencing March 18, 1999 and ending March 17, 2014 (Lease) The Space has 721 square feet and was leased at an initial rate of $25.00 per square foot, subject to annual CPI escalations, commencing year eleven (11) of the Lease. At the time, MB Redevelopment, Inc. (a wholly-owned subsidiary of Loews Hotels Corp), was responsible for leasing and managing the retail spaces at The Anchor Shops, pursuant to a Master Lease 657 Redevelopment Agency Memorandum Anchor Shops-Vacation Tours New Lease March 5, 2014 Page 2 of4 agreement between the RDA and MB Redevelopment, Inc. (MBRI). Pursuant to this agreement, MBRI had broad-based authority to negotiate lease terms for any and all business uses compatible with a first class retail space, which included lease terms of ten years or more and rental rates ranging from $19 to $40 per square foot. The Subtenant operated a travel business, which included selling tour packages, airline tickets, ground tours, cruises, land packages (including hotels and transfers), car rentals, train tickets and other travel-related activity ("Travel Business"). In late September of 2001, the courts ordered Subtenant to relinquish its assets to its partner, Vacation Tours of South Beach, Inc. (Vacation Tours SB) and shortly thereafter dissolved, leaving Vacation Tours SB operating the Travel Business. Pursuant to Resolution 404-2001, effective December 12, 2001, the RDA authorized the assignment of the Lease to Vacation Tours SB. In connection with said assignment, Vacations Tours, Inc., a Florida corporation (Vacation Tours), executed a Guaranty of the Lease. Vacation Tours is an entity operated by the same officers as Vacation Tours SB; to wit: Rossanna Mendez a/k/a Rosanna Mendez and Alexandra Alvarez. Vacation Tours SB was administratively dissolved on September 21, 2001 and Tenant thereafter continued to operate the Travel Business at the Space under the Vacation Tours corporate entity. A copy of the corporation detail from the Florida Secretary of State web page is attached hereto as Exhibit 1. ANALYSIS On February 7, 2014, the owners of Vacation Tours, via counsel, provided Staff with a letter of intent (Tenant's Offer), setting forth the material terms for a new lease, a copy of which is attached as Exhibit "2". The material terms set forth in the Tenant's Offer are as follows: Commencement Date: Initial Lease Term: Renewal Options: Base Rent: Annual Rent Increase: CAM Pass-Through: Financial Records: Renewal Option Period Rent: March 18, 2014 Three (3) years. One ( 1) option @ three (3) years, subject to Landlord's sole and absolute discretion. The initial base rent of $55.00/sq. ft. (721 square feet); $3,304.58 per month; $39,655 per year; plus applicable Sales Tax. The greater of CPI or 3% $10.00/sq. ft.; $600.83 per month; $7,210.00 per year, for first year, subject to adjustment, commencing year two, and annually thereafter, based upon Tenant's proportionate share of operating expenses, real estate taxes and insurance (based upon Landlord's estimate, as Landlord self-insures). The Landlord shall have the right to periodically review Tenant's financial records and statements of operation. Reset to prevailing market rate at the time renewal option is granted. Rent for the renewal period shall further continue to 658 Redevelopment Agency Memorandum Anchor Shops-Vacation Tours New Lease March 5, 2014 Page 3 of4 Guarantee: have annual increases by the greater of CPI or 3%. By Owners and Officers of the Florida corporation (Rossanna Mendez a/kla Rosanna Mendez and Alexandra Alvarez) In preparation for the marketing of this Space, in October of 2013, Director, Max Sklar, instructed staff to secure proposals for appraisals of the fair market rents in the area. Staff secured the appraisal (Appraisal), prepared by Blazejack & Company ("Biazejack"), effective as of November 1, 2013, a copy of which is attached hereto as Exhibit "3". The Appraisal concludes that the market rent for this Space, as of November 1, 2013, was $55.00 per square foot and the typical operating costs for a similar Space was approximately $15.00 per square foot. Staff further examined the available records and has found that Vacation Tours has complied with its lease obligations and has not been found to be in default. Tenant currently pays base rent, in the amount of $19,226.88/year and $1,602.24 per month, which translates into a rate of $26.67 per square foot. Staff has reviewed the Tenant's financials and is satisfied that the Tenant would be able to afford the increased rental obligation under a new lease. When comparing Tenant's Offer to the Appraisal; considering Tenant's good standing and history with the RDA; and further considering the savings related to costs typically incurred in connection with the marketing and leasing of retail space, the Administration is recommending executing a new Lease with Tenant, based upon the material terms contained in Tenant's Offer. The current Lease is due to expire on March 17, 2014 and the administration is in the process of finalizing a final approved lease; however, due to the possibility of an unforeseen delay, the Administration is also requesting authorization to execute an interim agreement for a month to month tenancy (Month to Month Agreement) with the Tenant, based upon the Tenant's current rent structure, until such time as the new lease is executed. The discussion relating to the consideration of Tenant's Offer and the Month to Month Agreement, was referred to the Finance and Citywide Projects Committee meeting (FCWPC), scheduled for February 21, 2014 and the FCWPC recommended that the Administration execute a new lease with Tenant, based upon the material terms of the Tenant's Offer and further recommended that the Administration have the authority to enter into an interim agreement with Tenant, for a month to month tenancy, pending execution of a new lease. RECOMMENDATION The Administration recommends that the Chairperson and Members of the Miami Beach Redevelopment Agency (RDA) approve a resolution accepting the recommendation of the City's Finance and Citywide Projects Committee (FCWPC}, approving and authorizing the RDA to enter into a lease agreement between the Miami Beach Redevelopment Agency (Landlord) and Vacation Tours, Inc. (Tenant), in connection with the use of Suite "J" at the Anchor Shops, located at 100 16th Street, Suite No. 5, Miami Beach, Florida (Space), for an initial term of three (3) years, commencing on March 18, 2014 and ending on March 17, 2017, with one (1) renewal option of three (3) years, at the RDA's sole and absolute discretion, subject to and pursuant to the terms and conditions set forth in the agreement; and further approving and authorizing the RDA to enter into an agreement with Tenant, for a month to month tenancy, until such time as a new lease is 659 Redevelopment Agency Memorandum Anchor Shops-Vacation Tours New Lease March 5, 2014 Page 4 of4 executed. It should further be noted that since Anchor Garage and Shops is owned by the RDA, it is not subject to the public hearing requirements set forth under Section 82-39 of the City Code that would normally apply to the lease of City property. Proposed retail leases involving the Anchor Shops..G.:K~~(:pproved during and as part of the RDA Board's regular agenda. JLMtK'Crst~NT F:I$AII\RHCD\Asset\Anchor Ret\Vacation Store\New Lease RDA Memo 3-5-2014 T\Vacation Tours New Lease RDA Memo 3-5-2014 Enclosures: Exhibit 1 -Corporate information Exhibit 2 -Letter of Intent Exhibit 3 -Appraisal 660 Detail by Entity Name Detail by Entity Name Florida Profit Cor oration ACATION TOURS, INC. Fllln Information Document Number FEIIEIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Prlncl al Address 4201 SW 11 ST CORAL GABLES, FL 33134 Changed: 01/26/2007 201 SW 11 ST CORAL GABLES, FL 33134 Changed: 01/26/2007 MENDEZ, ROSANNA M 201 SW 11 ST CORAL GABLES, FL 33134 ddress Changed: 01/26/2007 leer/Director Detail MENDEZ, ROSANNA M 201 SW 11 ST CORAL GABLES, FL 33134 P96000083798 650704422 10/07/1996 FL ACTIVE NAME CHANGE AMENDMENT 10/23/1997 NONE Exhibit 1 Page 1 of2 http://search.sunbiz.org/Inquiry/CorporationSear661 archResultDetail/EntityName/domp·... 2/21/2014 Detail by Entity Name Page 2 of2 ALVAREZ, ALEXANDRA 4201 SW 11 ST CORAL GABLES, FL 33134 IA.tHomel R m~ rf:ontact Us nnua e o s E-Fillng Services Document Searches Forms Help Report Year Filed Date 2012 03/09/2012 2013 02/12/2013 2014 01/18/2014 Document lmaaes 01/18/2014 --ANNUAL REPORT View image in PDF format 02l12/2013 --ANNUAL REPORT View image in PDF format 03/09/2012 -ANNUAL REPORT View image in PDF format 01l23l2Q1l -AN~UAL R~PQRT View image in PDF format Q4/01~QjQ-ANNUAL R~PORT View image in PDF format 04/20/2009--ANNUAL REPORT View image in PDF format 01/24/2008--ANNUAL REPORT View image In PDF format 01/26/2007--ANNUAL REPORT [ VIew Image in PDF format 01/23/2006--ANNUAL REPORT View image in PDF format Q~lQ~/2QQ!2 --ANNUAL REPORT View image in PDF format 02/27/2QQ~ --ANf::I!JAL REPQRT View image in PDF format 01/30/2003 --ANNUAL REPORT VIew Image In PDF format I 02/21/2002--ANNUAL REPORT View image in PDF format Q2l0§/2QQ1 --ANNUAL REPORT View image in PDF format 02/05/2000 --ANNUAL REPORT View image in PDF format 03/01/1 ~9~ --ANNUAL REPORT I VIew image in PDF format 01l20ll998 --ANNUAL REPORT l View image in PDF format 10/27/1~~7-AMENDMENT I View image in PDF format Q2l27/1 ~~7 --ANNUAL REPORT I View image in PDF format 10/07/1996 --DOCUMENTS PRIOR TO 19971 View image in PDF format ~ t!:• and Prl!lacy P<lloc!e:; State of Flonda, Depanmer~t of State htto:/ /search.sunbiz.org/lnquiry/CorporationSearc6621fchResultDetaiVEntity N arne/clomp-... 2/21/20 14 ~ 1Tii GMA GABBs, MULLEN, ANToNELLI & DIMA"'TEO LAW OFFICBS Mr.uo·DADB PALM BIIACH .po Sovnl Dlxm HlGHWA'r o 'l'laD F..- C:O.W. G.uua. PLoiiiDA n•t' 105 S. NAaalllll AVDIW • 'Dm CmaHI 8uJ1mNc Sum 7U1" Wlsr PAUII Bat.al,l'LoluDA. 3340S TIL: .561-BJ::a-6718 FAX: s6t-8JS·10)' Til.: 305-667·0223 FAx: )0.5·284-t&w VIA Email ct. US MAIL GiselaTorres@miamibeachfl.gov Gisela Nanson Torres Tourism Culture and Economic Development Department Office of Real Estate SSS 176 Street Miami Beach, Florida 33139 Re: Vacation Tours, Inc. 100 16* Street #S From the Desk of James S. Robertson, Esq. jrobertsonOgaebemullen.com Please reply to: Miami-Dade Febnuuy 13, 2014 Miami Beach, Florida 33139 Non-Binding Letter of Intent to Lease Dear Ms. Torres: Per our previous correspondence. please accept this correspondence as our non-binding Letter of Intent to lease the above-referenced property. PROPOSED TERMS AND CONDITIONS: LeaseTenn: Lease Rate: The primary tenn is to be three (3) years effective Man:h 18, 2014. The tenant will also have one renewal option for a period of three (3) years. The base rent shall be $ SS.OO per square foot with an additional S I 0.00 per square fool operating expenses. Base rent shall increase by the greater of3% per annum or CPI increase over the previous year's rental. Tenant shall have the option to renew the lease for one renewal term of three {3) yean subject to Landlord"s sole and absolute discretion. Renl during the renewal tenn shall be reset to p~ailing market rate at the time of the renewal option. Rent for the renewal period shall increase by the greaterofCPJ or 3%. Exhibit 2 663 Operating Expenses: Security Deposit: Tenants Use: Construction Allowance: Delivery of Premises: Parking: Space PI&Ming: Additional Improvements: Allowance: Refurbishments: Hours of Operation: Assignment and Subletting: Guarantee: Financial Operation: Signagc: Tenant wiiJ be responsible for its pro-rata share of operating expenses, LandJord•s insurance (detennined by Landlord as Landlord self-insures) and real estate taxes. The operating expenses that tenant shall be responsible for are all the expenses associated with the maintenance of common areas. Tenant shall be responsible for the maintenance of its premises, the utilities for its premises, the maintenance of the area conditioning system on its premises, insurance for its premises, and tenant will pay for the cleaning of its premises. Tenant Is responsible for the maintenance of the interior of the premises. Landlord is responsible for the maintenance of the roof and foundation. Landlord is responsible for the maintenance of all exterior features. Tenant is ~sponsiblc for the maintenance of the HV AC. electrical, plumbing. and other systems within the premises. Tenant shall pay a pro-rata share of the building•s electrical utilities expenses used in the operation of the building. $10.607.70 less any deposit currently being held by landlord. The premises shall be used for general office purposes related to the travel industry. None Landlord shall deliver the premises to tenant in "as is" condition. None. None. None. None. None. 7am-10pm. Tenant may assign the lease or sublease all or a portion of the premises with landlord's consent. subject to Landlord's sole and absolute discretion. By individual owners and officers. The landlord shall have the right to periodically review tenant's financial operation. All signs are to comply with the City code. 664 Americans With Disabilities Act: Tenant will be responsible for complying with the Americans with Disabilities Act of 1990 (the "ADA"). This is a non-binding letter of intent submitted to outline the material business tenns for the proposed lease by the tenant. Neither party shall be bound to this transaction until the lease, acceptable to all parties, has been executed. The only purpose of this document is to allow the landlord to review and <:onsider the proposed offer. If the landlord desires to lease the premises, a lease will be prepared using the information contained herein. It is the intention of the parties to negotiate additional tenns of the transaction and enter into a lease within thirty (30) from the execution date of this Letter of Intent. The parties arc not bound until a lease is executed. JSR/dr 665 COUNSELING REPORT MARKET RENT ANALYSIS FOR RETAIL SPACE 100 16th Street-Suite 5 Miami Beach, FL 33139 Report No. 201379 PREPARED FOR Gabriela Alfonsin Office Associate IV Tourism, Culture and Economic Development Department Office of Real Estate City of Miami Beach 555 17t11 Street, Miami Beach, FL 33139 Office-305-673-7193 x 6161 Fax-305-673-7063 Gabde!aA!fonsin@mjamibeachfl.gov PREPARED BY BLAZEJACK & COMPANY 172 W Flagler Street, Suite 340 Miami, Florida 33130 Phone: (305) 372-0211 Fax: (305) 374-1948 Exhibit 3 666 November 27, 2013 Gabriela Alfonsin Office Associate IV BLAZEJACK & COMPANY REAL ESTATE COUNSELORS Tourism, Culture and Economic Development Department Office of Real Estate City of Miami Beach. Office-305-673-7193 x 6161 Fax-305-673-7063 Subject: Counseling Report. No. 201379 Market Rent Analysis for retail space located at 100 16th Street-SuiteS, Miami Beach, Florida 33139. Dear Ms. Alfonsin: At your request, we have completed an analysis of the market rent of the above referenced property, to various Assumptions and Limiting Conditions set forth in the accompanying report. The physical inspection and analysis that form the basis of the report has been conducted by the undersigned. The accompanying report includes pertinent data secured in our investigation. exhibits and the details of the processes used to anive at our conclusion of value. The appraisal has been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP). As a result of the examination and study, it is our opinion that the market rent of the property, as of November 1,1013, the date of appraisal, Is. RetaU Space : SSS.OO per square foot Rentable on a net basis. Total Operating Expenses: SIS/SF Rentable Respectfully submitted, BLAZEJACK & COMPANY John A Bla.zejack., MAJ. CRE, FRICS Partner State-Certified General Appraiser License N. RZ 093 Jose Wong Senior Consultant State-Certified General Appraiser License No. RZ-2797 172 W. FLAGLER STREET, SUITE 34Q-MIAMI, FLORIDA 33130.PHONE (305) 372-0211-FAX (305) 374-1948 667 Property Appraised: Property Name: Address: Folio Number Owner: Client: Interest Appraised: Purpose of Appraisal: Function of Appraisal: Date of Analysis: Date of Inspection: Date of Report CONCLUSION: RetaURent: Total Operating Expenses: 100 16th Street Suite S 201379 Market Rent SUMMARY OF FACTS AND CONCLUSIONS Retail space on first floor. Anchor Shops -Suite S 100 16"' Street-Suite S, Miami Beach, FL 33139 02-3234-919-1090 City of Miami Beach City hall City ofMiami Beach Office of Real Estate Tourism, Culture and Economic Development Department. Market Rent To estimate the market rent of the property. To provide a basis for estimating the market rent for a new lease on the subject property. This summary report is intended for use by readers familiar with the area and the property. November 01, 2013 November 23, 2013 November 27, 2013 As of November 01, 2013. $55/ Square Foot Rentable on a net basis. $15/ Square Foot Rentable on a net basis. BLAZEJACK & COMPANY REAL ESTATE COUNSELORS 668 TABLE OF CONTENTS CERTIFICATE ASSUMYf)ONS AND LIMITING CONDITIONS 100 16th Street Suite 5 201379 Market Rent Page 1 2 MARJ(ET RENT ANALYSIS 3 IDENTIFICATION OF 1lffiPROPER1Y ............................................................................................................... 4 PURPOSE DAlE AND FUNCTION OF 1lffi REPORT ....................................................................................... 4 SCOPE OF 11iE ASSIGNMENT .............................................................................................................................. S PROPERTY lllSTORY ............................................................................................................................................. 5 LEGAL DESCRfi'TION ............................................................................................................................................ 5 DEFINITIONS OF VALUE AND INTEREST APPRAISED ................................................................................ 5 MARKET RENT ANALYSIS ................................................................................................................................... 6 CONCLUSION ......................................................................................................................................................... 1 0 ADDENDA Exhibit A ExhibitB ExhibitC Retail Rent Comp Photos Engagement Letter Qualifications of the Appraisers BLAZEJACK & COMPANY REAL ESTATE COUNSELORS 669 CERTIFICATE We certify that, to the best of our knowledge and belief, • the statements of fact contained in this report are true and correct. 100 16th Street Suite S 20U79 M1rket Rent • the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions. and are our personal, unbiased professional analyses, opinions, and conclusions • we have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. • We have none performed any appraisals regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. • We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • Our engagement in this assignment was not contingent upon developing or reporting predetennined results. • our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of subsequent event directly related to the intended use of this appraisal. • Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • Jose Wong has made a personal inspection of the property that is the subject of this report. • No one provided significant real property appraisal assistance to the persons signing this certification. • The reported analyses. opinions, and conclusions were developed. and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representative. • As the date of this report John Blazejack has completed the continuing education program of the Appraisal Institute. Jose Wong has completed the Standards and Ethics Education Requirement of the Appraisal Institute for Associate Members. - BLAZEJACK & COMPANY John Blazejack, MAl, CRE, FRJCS Partner Cert Gen RZ-0093 BLAZEJACK & COMPANY CERTIFICATE 670 Jose Wong Senior Consultant Cert Gen RZ-2797 100 16th Street Suite S 201379 Market Rent ASSUMPTIONS AND LIMITING CONDITIONS The appraisal is subject to the following assumptions and limiting conditions. No survey of the subject property was undertaken. 2 The subject property is free and clear of all liens except as herein described. No responsibility is assumed by the appraiser for matters which, are of a legal nature, nor is any opinion on the title rendered herewith. Good and marketable title is assumed. 3 The information contained herein has been gathered from sources deemed to be reliable. No responsibility can be taken by the appraiser for its accuracy. Correctness of estimates, opinions, dimensions, sketches and other exhibits, which have been furnished and have been used in this report are not guaranteed. The value estimate rendered herein is considered reliable and valid only as of the date of the appraisal, due to rapid changes in the external factors that can significantly affect the property value. 4 This study is to be used in whole and not in part. No part of it shall be used in conjunction with any other appraisal. Publication of this report or any portion thereof without the written consent of the appraiser is not permitted. 5 The appraisers, herein, by reason of this report, are not required to give testimony in court with reference to the property appraised unless notice and proper arrangements have been previously made therefore. 6 The value estimate assumes responsible ownership and competent management The appraiser assumes no responsibility for any hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. No responsibility is assumed for engineering, which might be required to discover such factors. 7 Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media without the written consent and approval of the author, particularly as to valuation conclusions, the identity of the appraiser or fmn with which he is connected. or any reference to the Appraisal Institute. 8 Neither the existence of potentially hazardous material used in the construction or maintenance of the build, such as the presence of urea-formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be present on the property, was not observed by the appraiser; nor does the appraiser have any knowledge of the existence of urea-formaldehyde foam insulation or other potentially hazardous waste material of the improvements and the site may have an effect on the value of the property. We urge the client to retain an expert in this field if needed. 9 The Americans with Disabilities Act (ADA) became effective JanuaJY 26, 1992 sets strict and specific standards for handicapped access to and within most commercial and industrial buildings. For puipOSes of this appraisal, we are assuming the building is in compliance; however, we recommend an architectural inspection of the building to determine compliance or requirements for compliance. We assume no responsibility for the cost of such determination and our appraisal is subject to revision if the building is not in compliance. BLAZEJACK& COMPANY ASSUMPTIONS AND LIMITING CONDITIONS 671 2 MARKET RENT ANALYSIS BLAZEJACK & COMPANY MARKET RENT ANALYSIS 672 100 16th Street Suite 5 201379 Market Rent 3 100 16th Street Suite 5 201379 Marllet Rent IDENTIFICATION OF THE PROPERTY The property under analysis in this report, a retail space, is located at I 00 16th Street - Suite 5, Miami Beach, between Washington Avenue and Collins Avenue, Florida 33139. The building was built in 1998 comprising a total of 261,000 SF on a 65,701 SF lot according to Public Records of Miami Dade. The property building is located just half a block from Collins ' A venue, and the Lowes hotel. The property under analysis is a rectangular retail space located on the first floor of the building that fronts 16th Street. The building contains garage and retail spaces on the first floor. The retail space has 721 square foot of rentable area. GROUND :Pl.OOR RETAIL LBASING PLAN rll AHCHOt SUO·~ -·------------.. ------------------.. __ , _____ _ -------· _, ___ " _______ _ -------~-fliiili PURPOSE DATE AND FUNCTION OF THE REPORT The pmpose of this report is to estimate the market rent for the retail space. The date of the analysis was November 01, 2013. It is understood that the function of this report is for internal asset management planning. BLAZEJACK & COMPANY MARKET RENT ANALYSIS 673 4 SCOPE OF THE ASSIGNMENT 100 16th Street Suite 5 201379 Market Rent Tills is a summary analysis presented in a narrative report. The scope of this analysis was to inspect the property, consider market characteristics and trends, collect and analyze pertinent data, develop a conclusion and estimate the property's market rent. During the course of this assignment, we developed and analyzed current retail space rents located in the Miami Beach area The extent of verification consisted of assembling and analyzing raw data gathered from a variety of sources including public records data services, news periodicals, broker or knowledgeable third parties when available, and in-houses files. PROPERTY IDSTORY The property is held in the name of City of Miami Beach City Hall according to the Public Records of Miami Dade County. We are not aware of any transfer of the property or purchase listing or offering within the past five years. LEGAL DESCRIPTION Loll I, D, 10,1,, 12 and 13, Block 57, Flst\er's F'nt Subdivtlkm of Alton Beach, eccordlng to the Plat thereof, 11 recorded In Plat Book 2, P~ge 71 of the Public Records of Oldll County, Florida, together with Ill of 16th Street (Avenue "C"), INa and except the follotfttg diiiCribtd parcel: BEGINNING at the SouthWest comer of Block 54 olaald Flshef'e Flra18ubc:IMslon of Alton Beach Plat thence North as• 0' 53" East along the South line or nld Blodc ~. • dlltii1CI of 4-43.08 reet. 1o 1M Southeast comw or aald Bloclc &c; lhei'IQI Soulh or• 35' 04• West, • distance of 16.26 fHt. 1a • point of QJIP wllh • tangent c:urve concave to the Southwest; tbence along the •rc of aid curve liD the left. having • radlua of 25.00 feeilnd 1 central angel of DO" 00' 00", an arc dlltance or 38.27 raet. ID • point of tanaencv: thlnce North a2• ~· 52" Wast. • distance of 24.76 flet thence South 88• DO' 63"' West along a 1tne a.oo feel North or end paralel With, 111 me .. ured et right angles to the Nor1h line of Block 67 ot uld plat, • ~ of 182.18 feel to • point on lha Euterfy Rlght-of-Wiy lne of W.shlngton Avenue: lhti'ICI North 01' 59' 11• Welt llong l8ld Euteriy Right-of-VYay ine, 11 d•tanoe of 82.00 feet to the Soulhweat comer or uld Block 54 and 118 Point of beginning. 88klllnda Jr1nG 1nd being In lhe City of Miami Beach 8lld containing 65,810·aquln!l fltel (1.5131 Acnta} more or ..... DEFINITIONS OF V ALOE AND INTEREST APPRAJSED According to the Code of Federal Regulations, Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), and according to the 12th Edition of The Appraisal of Real Estate, market value is defined as follows: BLAZEJACK & COMPANY MARKET RENT ANALYSIS 674 5 100 16th Street Suite 5 201379 Market Rent Market Value The most probable price, which a property should bring in competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title ftom seller to buyer under conditions whereby: Buyer and seller are typically motivated. 2 Both parties are well infonned or weU advised, and acting in what they consider their own best interests; 3 A reasonable time is allowed for exposure on the open market. 4 Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5 The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Fee Simple Interest Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed governmental powers of taxation, eminent domain, police power, and escheat. Leased Fee Interest An ownership interest held by a landlord with the right to use and occupancy conveyed by a lease to others; usually consists of the right to receive rent and the right to possession at tennination of the lease. Market Rent The rental income that a property would most probably command on the open market; indicated by current rents paid and asked for comparable space as of the date of the appraisal. Source:Appraisal Institute, The Appraisal of Real Estate. 13th Edition, (Chicago, 2008) MARKET RENT ANALYSIS Retail Market We are estimating the market rent of the subject property, therefore a rent survey of the Miami Beach area was conducted. The basis for classification was location, design, and quality of construction, quality of interior finishes, age, and condition. The rent comparables selected give an indication of the level of rent that could be commanded by the subject if offered in the open market. The rent survey, a location map, and a table of adjustments can be found following. With exception of retail rent 1, all the rates in our survey are asking rates. Leasing agents interviewed in gathering rental data indicated that some concessions are generally BLAZEJACK& COMPANY MARKET RENT ANALYSIS 675 6 100 16th Street Suite 5 201319 Market Rent provided although some tenns are negotiable depending on the size of space and length of the lease. In most cases, the rates actually achieved in leases are near the asking rates. 1 Oeean lllnt Group 7,867 2010 $47 NNN $15.00 OceanFirslGroi.JI sigoed a leueconlract in Man:b 10,2013 b'tm! on 20sl s~ haifa block spac:e designated as rciB.il H, with a lmD of 10 )'CifS and optioaiD renew west of CoUins Ave. the initial term for 2 consecutive renewalleTlll! ofS )'!liS each. The lb:lp MianiBeacb is part ofBoul1111, a mix UBed bLildiDg Iiiii contains residential condominiwns and retail on the first and se~:ond level. 'Ibe total address IDr lhe total bnilding is 2100 Collins Ave. Tbe sb!p colllains 4,320 SF leascabe area on the fint floor uxl 3,547 SF on lhe JllC2Zallin::. Operating expenses an: at$15.00/SF . 2 .LIJicolll Place 823 2012 sss NNN $17.29 located on the narlhcast CIII1C' ofWashington A ve1110, ooe block solllh 16(}1 W~Ave. 3.094 of Lincoln Road. one fourth bloek west of Collins Aw:rue. Within Miami Beach walki11: disllmi:C of retail JhojJs and reslaiJ'IIItS. Tenant has Ia pay ilr FL33139 1\111 key. The retail bas average qiBlity conslrul:tion finisbi~l.lld ia in good condition. Spau 101 and lOS are available. OpntingEqlcnses 3 1541 WarblngconAve. 1,200 1952 SSJ NNN N/A Tum key opcratiomlllalian & Pemvillll rcslamanl close to uncoln .Road. Miatri Beach Ren 1h N!lcas:. The stilleasc opirea July 2020. This is an old little retail FL33l39 space. 4 1610 Wa&blngton J\ve. 1,847 1940 S1S NNN SIS.OO Frontage along Washington Avcnuc. Space consiSIJ of a 8JOIIII1Ioor IUid Miami Beach Ren IDC2a2llni ne level for a total on ,84 7 SF. Co-tenancy with McDonald's, FL33139 foot Loeker, Radio Shack, Frilz Skateshop.lt is located one halfb1ock soutb from ~oln Road. OperatiDJ Expenses areS IS/SF. 5 1502 WashJuaton A\'t. 1,741 1948 $65 NNN $13.00 Fully built out rcstauranl space. Ideal cafe wilb oOO!oor seating area. Miami Beach Adjacent to Five Gll)'l BurJen and Fries. The buildilt;was co.ctdy FL33l39 tcrovated. Near Lincoln Road and the City Center area with abundant office space and hotels in the irmnediate ares. The retail bas average quality construction finishing and is in good condition. Operating Expenses are $13.00/SF. 6 1452 WashiDgton Ave. 736 1938 $70 NNN NIA Space B with 736 SF and space C with 1,169 SF arc availableat$70/SF. Miami Beach 1,169 FL33139 7 1447 Wasblngton Ave. 1,200 1940 $70 Modified Sl3.00 This fully out m~&t.nnt space is situated right nex1 door to tbe &mous Miami Beach Gross Cameo theamr. Thia recently renovab:d spscc i a 1 llllJ key operation FL33139 ready 10 sell with all of the necessary ki~ equipment to start blsiness. Operating Expenses are S 13.00/SF. 8 1429 Washington Ave. 3,265 1920 $45 NNN $13.00 Restaurant in the heart of South Beach, steps away from Untoln Road Miami Beach and Espallola Way. Ideal for 61st casual restaurant, bistro or cafe. Its FL33139 listed for S2.S million. This is an old building that has average qi.Blity and is in fair condition. OperatiDJ Ellpenscs are $13.00/SF. SUBJECI': Anchor Shops 721 1998 This rpace is cmrendy bcing utilized as a lrlvcl agcocy. It has average 100 16th St ·Suite :5 quality cantruclion finishing and is in very good condition. Miami Beach BLAZEJACK & COMPANY 7 MARKET RENT ANALYSIS 676 BLAZEJACK & COMPANY MARKET RENT ANALYSIS l loiN (6.2'W} Retail Map Comparable 677 100 16th Street Suite 5 201379 Market Rent ~k 0 1100 1000 IDQO Oala Zoom ll-7 B HET-\II.IH \'1 <<niPS .\I).Jl'ST\IE\ I CRm 100 16th Street Suite 5 201J79 Market Rent . . . . --. -. . . . -. . . .. .,, .,-.. -... '~ 'II c f t 1 ,; ' ,', f f ; ' I :c ~ ~ f • ~; •-\ .i ) ! t ; (,} '/ 'l 't 1 j 1}-·1' : Location 10% -20% -15% ~15% -15% -25% -20% -15% Building Quality 0% 0% 0% 0% 0% OOA. 0% 5% Condition 0% 0% 5% 5% S% 5% 5% 5% Size S% 0% 0% 0% 0% 0% 0% 0% Others 0% 10% 0% 0% 0% 0% 0% 0% Overall Adjustment ,. 15% ,. ~10% , -10% , -10% , -10% ,. -20% ,. -15% ,. -5% .Adjusted Rent $54 $50 $48 $68 $59 $56 $60 $43 A\erage All Comps: $541 Chosen Retail Rent {$/SF} for Subject $55 NNN LE(;El\'D . . ·;s ~ .. _:· :-·'11} ·;;. '--. ~ • ";" r· -; .. l ;.·~·, '": .. : t~ ("· .. -·-•.. -:. -.--.. r. .. ,.......... • ..... ~-~-... ·~ .. ~ '?"'~ --:""..... ......, ..... ~.:!ij1!' • ..&'.t!L !.J:_l'~i!d~ ~ I L'._P .l t~ . - . -·. = + Base on comparison with the market data we concluded that the market rent for the subject retail space (721 SF) to be $55 per square foot rentable net per year for vacant space. BLAZEJACK & COMPANY MARKET RENT ANALYSIS 678 9 Operating Expenses 100 16th Street Suite S 201379 Market Rent The annual operating expenses of the subject property were projected in this analysis based on similar properties. HI' I All. -1110 16th STRIT I' OPJ:It\'IJ:\(; FXI't::\SFS S L\TJ:\1 F'\ r !\0\'F,IBLR 01, WD EXPENSD: h!:!!' HXm EXPJlNSD Property Taxes $2,760 > $3.83 luaunmce $793 I1N TOTAL FIXED EXPENSES: $3,553 $4.93 V ARIABLI:EXPliNSiili Adminilltrative 4 General $1,045 $1.45 Rapair&IMamtcaauce $540 $0.75 Utilities $1,160 $1.61 Cleanins $215 $0.30 Otbcn $4,195 $5.82 ~-l,!.q! $0.15 $1,263 $10,07 l:W:A" W~lii ~ ~ Our estimated total stabilized Operating Expenses for the stabilized year is $15 per square foot of rentable area. CONCLUSION Market Retail Rent is based on a triple net lease basis, where the tenant pays all expenses, including utilities, water, electricity, common areas, cleaning, taxes. and insurance. The market rent for the subjeet located at 100 16th Street in Miami Beach as of November 1, 2013 is $55 per square foot of rentable area net. Operating expenses are $15/ per square foot of rentable area. BLAZEJACK&COMPANY MARKET RENT ANALYSIS 679 10 BLAZEJACK & COMPANY ADDENDA ADDENDA 680 100 16th Street Suite 5 201379 Market Rent 11 BLAZEJACK & COMPANY ADDENDA Exhibit A Retail Rent Comp Photos 681 100 16th Street Suite S 201379 Market Rent 12 Retail Rent l On 20st St, half a block west of Collins Ave. BLAZEJACK & COMPANY ADDENDA Retail Rent 2 1601 Washington Ave. 682 100 16th Street Suite 5 201379 Market Rent 13 BLAZEJACK & COMPANY ADDENDA Retail Rent 3 1541 Washington Ave. Retail Rent 4 1610 Washington Ave. 683 100 16th Street Suite 5 201J79 Market Rent 14 BLAZEJACK & COMPANY ADDENDA Retail RentS 1502 Washington Ave. Retail Rent 6 1452 Washington Ave. 684 100 16th Street Suite S 201379 Market Rent 15 BLAZEJACK & COMPANY ADDENDA Retail Rent 7 1447 Washington Ave. Retail Rent 8 1429 Washington Ave. 685 100 16th Street Suite 5 201379 Market Rent 16 BLAZEJACK & COMPANY ADDENDA ExhibitB Engagement Letter 686 100 16th Street Suite 5 201379 Market Rent 17 (9 MIAMf BEACH City of Miami leach, 1700 Convention Center Drive, Mlomi Beoc:h, Florida 33139, www.mlomlbeochR.gov TOURISM, CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT Office of Reel EJtata Tel: 305-873-71B3/ FIX: 305-673-7033 October 18, 2013 VIA US MAIL AND E-MAIL Mr. John Blazejack Blazejack & Company 172 West Flagler Street, Suite 340 Miami, FL 33130 Re: Market Rent for City-owned property occupied by Vacation Tours, Inc •• located at 100 16th Stree~ Suite 6, Miami Beach, FL 33139. Dear Mr. Blazejack: Please be advised that the City of Miami Beach (City) is seeking bids to establish the market rent of the above referenced retail space, which is more specifically described below: City-owned retail space, occupied by Vacation Tours, Inc. rvacation Tour Space·), having approximately 721 square feet, located at 100 16" Street, Suite 5, Miami Beach, Florida 33139, a/kla Suite "J oftheAnchorShops, currently being utilized as a travel agency, as set forth in the attached Legal description (Exhibit "A•) and Ground Floor Leasing Plan (Exhibit "8"). The City and the Miami Beach is currently contemplating a lease for the Vacation Tour Space, for an initial term of three (3} years with two (2) additional renewal options, of three (3) years and three years (3} and 364 days, respectively, with the rent resetting itself to market rate at each renewal interval. As such, the appraisal should determine the following: A. Market rent for retail space of similar class designation and size, including annual per square foot rent rate as of November 1, 2013; end B. Respective prorata operating costs associated with this type of use. This information will be utilized by the City to determine the market rent for the Vacation Tour Space in order to negotiate a new lease agreement with the current tenant, or with a new tenant. Please submit a proposal to provide these services, within seven (7) business days from receipt of this request. Your proposal should reflect the shortest possible time frame in which you can accomplish the requested scope including the cost, and the date by which a full certified appraisal Indicative of the market rent will be completed and delivered to the City. Please include a resume for the appraiser who will be preparing the appraisal on behalf of the City, including the license information for said appraiser. 687 Request for Appraisal Vacation Tours, Inc. October 18, 2013 Page2of2 Be reminded that TIME IS OF THE ESSENCE for this project and, ss such, weighting oftumaround time will be given additional consideration for this proposal. Please submit your cost and time frame proposal via e-mail to gtorres@miamlbeachfl.gov. If you have any questions or require additional information please do not hesitate to contact me at 673-7000 Ext. 6955. cc: Max Sklar, Tourism, Culture and Economic Development Director Enclosures: Legal Description-Exhibit "A" Ground Floor Retail Leasing Plan-Exhibit •B" F;\RHCD\$ALL\ECON\$AU\-'SSE"Jp"opertyappraiaer2013Kcitymanager.dOCK . ---688··-·--......... ··-··· --····-· . ---- BLAZEJACK & COMPANY ADDENDA Exhibit C Qualitlcatlon of the Appraiser 689 100 16th Street Suite 5 201379 Market Rent 19 100 16th Street Suite S 201379 Market Rent QUALIFICATIONS JOHN A. BLAZEJACK, MAl, CRE, FRICS Partner Blazejack & Company Academic Florida State University, B.A. Florida International University -M.S.M. Rea! Estate Most Recent Courses 1992 -Level ll Course 520 • Highest and Best Use and Market Analysis 2000 -Level U Course 530 -Advanced Sales Comparison and Cost Approaches 2008 -Member of review team for revised course on Market Analysis & Highest & Best Use 2008-Member of the review team for new course on Advanced Market Analysis & HBU 2010-Valuation for Financial Reporting 2012-Member of review team for Marketability Studies and Advanced Marketability Studies seminars Experience Mr. Blazejack, President ofBlazejack & Company, has been active as a rea] estate counselor since 1970. His experience includes residential and income property appraisals, market and feasibility studies, and acquisition and disposition reports. The work has been for a wide range of property types including office, industrial, commercial and special use properties, hotels and recreational facilities. These assignments have been conducted in over twenty states and extensively throughout Florida. Mr. Blazejack is a qualified expert witness who has testified in Federal district and lower courts. He is an approved instructor of both the Appraisal Institute (AI) and the American Bankers Association. Mr. Blazejack is a past president of the Greater Miami Chapter of the Society of Real Estate Appraisers and was the 1992 President of the South Florida Chapter of the AI. Designations and Licenses MAI Member, Appraisal Institute, Certificate Number 6089, currently certified. CRE Member, American Society of Real Estate Counselors, Certificate Number 1131. FRICS Fellow of the Royal Institute of Chartered Surveyors Number 1250175 Registered Florida Real Estate Broker State-Certified General Real Estate Appraiser, License Number RZ93. Affiliations Mr. Blazejack is the past President of the Real Estate Counseling Group of America (RECGA). Published Articles The Appraisal Journal, Spring, 2011 Price versus Fundamentals -From Bubbles to distressed Markets By Stephen F. Fanning, MAl John A. Blazejack, MAl and George R. Mann, MAl Real Estate Issues, Volume 34, Number 1, 2009 When Will the Miami Condominium Market Recover? By Richard Langhorne, CRE, FRICS and John A. Blazejack, MAl, CRE, FRJCS BLAZEJACK & CO:MPANY ADDENDA 690 20 JOSE WONG Blazejack & Co. e-maU: jose@blazejack.com Academic • Appraisal Institute Course 110: Course 120: Course ACE 2150: Course310: Course320: Course 41 0: Course420: Course 510: Course 520: Course 530: Course 540: Course550: Course610: Course 620: Seminar: Seminar: Seminar: Seminar: Seminar: Seminar: Seminar. Seminar: Seminar: Training: Seminar: QUALIFICATIONS Appraisal Principles Appraisal Procedures Attacking and Defending an Appraisal. Basic Income Capitalization General Applications. 100 16th Street Suite S 201379 Market Rent Standards of Professional Practice. Part A (USPAP) Business Practice and Ethics. Advance Income Capitalization Highest & Best Use Advance Sales Comparison & Cost Approaches. Report Writing. Advanced Applications. Alternative Uses & Cost Valuation of Small Mixed·Use Properties. Sales Comparison Valuation of Small Mixed-Use Properties. Argus Training. Effective Appraisal Writing. Report Writing and Valuation Analysis DEMO General Demonstration Appraisal Report Writing A Comprehensive Guide to Valuing Improved Subdivisions. Introduction to Land Valuation Advanced Spreadsheet Modeling for Valuation Applications Regression Analysis. Critical Thinking. 2013 Value Adjustment Board Training for Real property Appraiser Special Magistrates. Developing a Supportable Workfile. • Various appraisal seminars. • He's pursuing the Appraisal Institute MAl designation. He's taken all the courses required for the MAl designation. • Ricardo Palma University (Lima, Peru). Degree in Civil Engineering. BLAZEJACK & COMPANY ADDENDA 691 21 Experience as Appraiser 100 16th Street Suite 5 201379 Market Rent Commercia] Appraiser at Blazejack & Co. September 2007 -present. He's worked 14 years in this company. Commercial appraisals on many property types in Florida and USA. His professional experience includes Highest and best use analysis, commercial appraisals on numerous property types such as warehouses, apartment complexes, condominium buildings, office buildings, shopping centers, retail, special purpose properties, marinas, subterranean rights, air rights, and vacant lands. Commercial Review Appraiser at Bayview Lending Group LLC, May 2007 -August 2007. Review Appraisals on different property types in Florida. He worked as head of the Commercial Appraisal Review Department at Greenpoint Mortgage. He covered the South West, Central and Northeast area of Florida. Apri12006-February 2007. His professional experience in the state of Florida and the Caribbean include highest and best use anaJysis, commercial appraisals on numerous property types such as warehouses, apartment complexes, condominium buildings, office buildings, shopping centers, retail, restaurants, special purpose properties, and vacant lands. He worked as a commercial appraiser at Blazejack & Company March 1999-Ap. 2006. Between 1987 and 1998 (11 years), prior to conducting work in Florida, he conducted commercial and residential appraisals on houses, retail outlets, hotels, apartments, condominiums, offices, warehouses, factories, and hospital in Peru. Mr. Wong has experience using a variety of software programs like Microsoft Word, Excel, database IRJS, Data Comp 3.5, Street Atlas USA 6.0 (mapping), Marshall & Swift (Cost program}, Argus (Cash Flow Analysis}, Co Star, Loopnet and MLS. He is fluent in Spanish. Experience as ClvU Enzineer He has worked both in the private and public sector as a Civil Engineer for approximately 14 years. He worked as Supervisor En,gineer and Superintendent Engineer in different civil engineering jobs in Peru. Responsibilities included subdivisions, installation of water, sewer, lighting, roads, and massive construction of houses, apartment buildings, condominium buildings, retails, warehouses, and factories. He constructed and managed the financial arrangements for the construction of condominium buildings in Peru. He made studies of costs and budgeting for the construction of these jobs. Designations and Licenses Real State Certified General Appraiser, License Number RZ2797 General Associate Member, Appraisal Institute Member, Engineer Association of Peru. BLAZEJACK & COMPANY ADDENDA 692 22 RESOLUTION TO BE SUBMITTED 693