20140305 SM1MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
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.
SUPPLEMENTAL AGENDA
C7 • Resolutions
C7M A Resolution Approving The City's Fiscal Year 2014/15 Federal Legislative Agenda.
(City Manager's Office)
(Memorandum)
C7N A Resolution In Support Of The City's Water Project Funding Requests For The Governor's
Fiscal Year (FY) 2014/15 Budget.
(Budget & Performance Improvement)
(Memorandum)
1
Supplemental Agenda, March 5, 2014
R5 • Ordinances
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 And On Lummus Park
Promenade (Also Known As The Lummus Park Serpentine Walkway) Between 51
h And 15th Streets;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Jonah Wolfson) ·
(Legislative Tracking: City Attorney's Office)
(Revised Memorandum & Ordinance)
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)
(Revised Resolution & Attachments}
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}
R9 • New Business and Commission Requests
R9L Discussion Regarding An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami
Beach, Florida, Entitled "Miscellaneous Offenses," By Amending Section 70-2, Entitled "Reserved" To
Create Regulations That Define Nicotine Vaporizer And Liquid Nicotine And That Prohibit The Sale,
Barter, Providing Directly Or Indirectly, Gifting, Making Available For Use Or Possession, Or The
Furnishing Of Nicotine Vaporizers And Liquid Nicotine To Persons Under The Age Of Eighteen (18);
Moreover, Making The Possession Of Nicotine Vaporizers And Liquid Nicotine Illegal For Persons
Under The Age Of Eighteen (18}; And Providing Penalties For Violations; Providing For Repealer;
Severability; Codification; And An Effective Date.
(Requested by Vice-Mayor Micky Steinberg)
(Memorandum from Legal & Ordinance)
2
'--'-'IY\lV\hJ.Jl'-'1 ~ I I L./Vl .JVIV\IVV"'\1'. I
Condensed Title:
A Resolution approving the City's 2014/15 Federal Legislative Agenda
Key Intended Outcome Supported:
Supports Multiple KIOs
Supporting Data (Surveys, Environmental Scan, etc.): The quality of the beaches appears as one
of the most important areas affecting quality of life. More recreational opportunities is ranked as one
of the changes that will make Miami Beach a better place to live. Storm drainage catch basins
cleaning citywide; improving infrastructure was listed number 5 in important safety areas for the City
to address.
Item Summary/Recommendation:
Each year, the Mayor and City Commission adopt the City's funding and legislative priorities that will
be pursued by the City's representatives in Washington D.C. during the annual Congressional
session. The proposed priorities include project, authorization, and policy requests which will continue
to evolve as the Congressional process continues.
This year the proposed agenda includes the following:
• Coastal Flooding
• Miami Beach Convention Center
• Transportation
• Education
• North Beach Revitalization
• Flood Insurance
• Beach Renourishment
• Atlantic Greenway Network
• Municipal Bond
• Re-authorizations
• Support of Local Funding Programs
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
~ 2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin :
Joe Jimenez, City Manager's Office/ Judy Hoanshelt
Si n-Offs:
i I.
v
Department Director
MIAMI BEACH 3
Account
AGENDA ITEM _C_7_/vf __
DATE _3-_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 o the City /ommission
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, APPROVING THE CITY'S FISCAL YEAR
2014/15 FEDERAL LEGISLATIVE AGENDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Each year, the Mayor and City Commission adopt the City's funding and legislative
priorities that will be pursued by the City's representatives in Washington D.C. during the
annual Congressional session. The proposed priorities include project, authorization,
and policy requests which w1ll continue to evolve as the Congressional process
continues.
The proposed Federal Legislative Agenda below includes the following items:
Coastal Flooding
The City of Miami Beach urges the Federal Government to identify and fully fund
programs to address coastal flooding caused by sea level rise, climate change, high
tides, and any other source. Flooding in high hazard coastal areas-we need resources
and funding support to deal with flooding issues, including improvements and upgrading
the stormwater system including installation of projects including valley gutters,
stormwater pump stations, injection wells, and other technology which increases the
capacity flow of the stormwater system. Additional support to address coastal flooding
including dune system restoration and maintenance, and improving seawalls is also a
necessary component to achieve full infrastructure resilience. Prioritization of areas with
high groundwater elevation and drainage basins that are barely above sea level should
be a priority, since flooding occurs in many of these basins during periods of high tides
when there has not even been any rain. This recurring flooding has a significant
environmental, health and economic impact, causing businesses to be inaccessible to
customers, and resulting in the additional cost of replacing and repairing damaged
property. The high groundwater elevation results in slow drainage, leading to
deterioration and failure of paved roads, mosquito breeding, and other public health
issues.
Additionally, the City strongly supports the establishment of a National Catastrophe
Fund.
4
Commission Memorandum
March 5, 2014
Federal Legislative Priorities
Miami Beach Convention Center
There is a need for Federal support for high-impact tourism industry infrastructure
investments, especially in attracting an increase share of worldwide meeting and
convention business. Infrastructure, such as convention and meeting facilities and related
support systems, including transportation access and energy efficiency are critical to
enhance the United States' competitiveness in this international marketplace. Targeted
debt and equity funding opportunities through the New Market Tax Credits program of the
Treasury Department should be prioritized, especially in states that are underserved by
the program. Providing support to the strong foundation that already exists is critical,
especially for large, transformational projects that provide significant return on investment.
The Miami Beach Convention Center is South Florida's third largest economic engine,
after Miami International Airport and the Port of Miami. Discussion about enhancements to
the Miami Beach Convention Center has been ongoing for almost ten years, culminating
with a plan of action that was agreed upon by the City of Miami Beach and Miami-Dade
County, ln conjunction with interested stakeholders, to develop a long-term vision and
master plan for this regional convention facility.
The City is seeking to identify opportunities for Federal partnership related to:
o Economic Development with the Department of Commerce
o Water, Sewer and Transportation Infrastructure with the Department of
Transportation/Convention Center Access and Infrastructure Improvements
with the Departments of Transportation and Commerce
o Security System with the Department of Homeland Security which will be a
Model Security System for Destination Cities.
o Sustainability, LEED, Renewable Energy and Green Building Components
with the Department of Energy and the EPA;
o Debt and Equity Funding Opportunities through New Market Tax Credits and
the Department of Treasury;
Transportation
o Intelligent Transportation System (ITS)
o Seawalls
o Trolley
o 1-395 MacArthur Causeway/Connector to the mainland
Education
The City is seeking to identify funds for educational programs through a coordinated
grant development campaign to include funding and legislation. Focus will be on Middle
School Achievement/Nautilus Middle School and STEM education (science, technology,
engineering and mathematics).
North Beach Revitalization
The City proposes to lead an effort to develop a comprehensive plan for revitalization of
the North Beach area of the City. This area is considered blighted and the revitalization
effort is designed to review existing conditions in the area, prepare a vision for the area's
future, and design an implementation strategy to move towards the vision. The project
will involve significant interaction with and input from residents, business owners and
property owners. Federal funds, in the area of Economic Development are needed for
this major revitalization effort.
5
Commission Memorandum
March 5, 2014
Federal Legislative Priorities
Flood Insurance
The City seeks to secure relief from Flood Insurance changes inordinately affecting
Miami Beach residents, primary and secondary home-owners, and real estate markets.
Beach Renourishment
The City urges the Army Corps of Engineers to initiate this project and apply for the
necessary permits from the State of Florida to secure the necessary amount of domestic
sand.
Atlantic Greenway Network
The City seeks authorization of $12 million for the Atlantic Greenway Network Project in
the new Transportation Authorization Bill to provide continued funding support for
alternative modes of transportation that connects the workforce and consumers with
centers of commerce and employment, cultural and tourism centers, parking facilities,
parks, and schools. Dense urban areas, especially with historic districts, should be
prioritized, both in terms of population density as well as density of housing units and
other forms of habitation, such as hotel rooms. Effective modes of transportation are
crucial to the continued economic success of urban historic districts, especially where
less than two-thirds of the population drove to work alone and over 15% walk to work.
The return on investment of alternative modes of transportation in dense urban areas is
significant, since these areas have already demonstrated the local populatlon's
acceptance of the modes.
Municipal Bonds
The City supports the current tax exemption for municipal bonds, and opposes its
elimination. The City further opposes the proposed cap of the exemption at 28%.
Re-Authorizations
The City supports the reauthorization of the following programs:
o Transportation: MAP -21
o Workforce Investment Act
Local Funding Programs
The City opposes funding reductions to programs such as the Community Development
Block Grant, HOME Housing Partnerships, Energy Efficiency Block Grant, Urban Area
Security Initiative, Hazard Mitigation and Pre-Disaster Mitigation programs.
The City will work to identify potential resources and associated criteria for local
development of alternative water sources, including funding support for a study of the
feasibility of desalinization in Miami Beach, as well as funding opportunities for water
reclamation activities.
The City will monitor, report and advocate for full funding of budget allocations which
fund social services and other programs provided by Miami Beach organizations.
The City strongly encourages and supports the direct allocation of federal funding to
local governments, without state and/or county pass-through. The City further feels that
this position should be a key element of the White House's new Urban Policy.
6
Commission Memorandum
March 5, 2014
Federal Legislative Priorities
The City will pursue funding under the following specific grant programs/agencies:
o EDA -Department of Commerce
o Choice Neighborhoods -Department of HUD
o TIGER -Department of Transportation
o Funding for coastal flooding/sea level rise
o Environmental Protection Agency
o Department of Labor
o Homeland Security
CONCLUSION
The Administration recommends that the Mayor and City Commission review the
proposed Federal legislative agenda, establish the priorities and adopt the attached
Resolution.
JLM/JMJ/JMH
T:\AGENDA\2014\March\Federal Legislative Agenda.docx
7
RESOLUTION TO BE SUBMITTED
8
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution In Support of the City's Water Project Funding Requests for the Governor's Fiscal Year
2014/15 Bud et.
Key Intended Outcome Supported:
Maintain City's infrastructure.
Supporting Data: Community Satisfaction Survey 2012:
N/A
Item Summary/Recommendation:
The Florida House and Senate are accepting Water Project funding applications for consideration on behalf
of the Governor to be considered when developing the FY 2014/15 General Appropriations Act. The Mayor
and Commission support the following two applications for Water Project Funding Requests for the
Governor: 1) Force Main Replacement; 2) Water Line Replacement Funding for these projects will enable
necessary improvements to be made to the sewer and water system, providing protection to Biscayne Bay
Aquatic Preserve, and ultimately, protection to the beaches which are valuable to tourism and to the
economic base of Miami Beach and the entire state.
Financial Information:
Source # Amount
of
Funds
D
Cit Clerk's Office Le islative Trackin :
Jose Jimenez, City Manager's Office/Judy Hoanshelt
Si n-Offs:
Department Director
MIAMI BEACH 9
Account
City Manager
AGENDA ITEM _C_/_N __
DATE 3-.S--/ <f
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, 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 IN SU PORT OF THE CITY'S WATER PROJECT
FUNDING REQUESTS FOR THE GOVERNOR'S FISCAL YEAR 2014/15
BUDGET
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Florida House and Senate are accepting Water Project funding applications for
consideration on behalf of the Governor Scott, to be considered when developing the FY
2014/15 General Appropriatlons Act. At the February 12, 2014 Commission meeting, the
Mayor and Commission authorized the City Manager to submit Water Projects for funding
consideration to the Members. The following two projects were submitted:
1. Force Main: The 54-inch diameter force main carries primary waste from the
Flamingo Park neighborhood. The City needs to construct a sanitary sewer force
main from the Miami-Dade County Water and Sewer Department force main on
Commerce Street to the City pump station on 11th Street in order to correct a 54-inch
diameter force main with several compromised sections. The Flamingo Park
neighborhood is a low-moderate income neighborhood, with a density of 50-70% low
moderate income persons. A request of $500,000 was submitted for this project.
2. Water Line: This is the replacement of a 20-fnch diameter cast iron water line.
The lead-packed connections are leaking throughout the entire length of 5,000 feet.
This project stretches from Alton Road at 51 st Street to Alton and 53rd Street. Alton
Road is a State roadway. A request of $500,000 was submitted for this project.
Both projects support the key intended outcome to maintain city's infrastructure. Funding
for these projects will enable necessary improvements to be made to the sewer and water
system, providing protection to Biscayne Bay Aquatic Preserve, and ultimately, protection to
the beaches which are valuable to tourism and to the economic base of Miami Beach and
the entire state.
CONCLUSION
The Administration recommends that the Mayor and City Commission Support the City's
Water Project funding requests for the Governor's Fiscal Year 2014/15 Budget.
JLM/JJ/JMH
T:\AGENDA\2014\March\Support Water Projects.docx
10
RESOLUTION TO BE SUBMITTED
11
THIS PAGE INTENTIONALLY LEFT BLANK
12
m MIAMI BEACH
JOSE SMITH, CITY AITORNEY
OFFICE OF THE CITY AITORNEY COMMISSION MEMORANDUM
TO: Mayor Philip Levine
Members of the City Commission
CC: Jimmy Morales, City Manager
Ralph Granado, City Cler
FROM: Jose Smith, City Atta
(
DATE: March 5, 2014
SUBJECT: 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 11,
ENTITLED "PUBLIC PLACES" TO PROHIBIT MOTORIZED
MEANS OF TRANSPORTATION ON THE BEACHWALK
BETWEEN 15TH TO 23Ro STREETS AND ON THE LUMMUS
PARK PROMENADE (ALSO KNOWN AS THE LUMMUS PARK
SERPENTINE WALKWAY) BETWEEN 5TH AND 15TH STREETS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Jonah Wolfson, and the
direction given by the City Commission at the February 12, 2014 City
Commission meeting, 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:\ATIOITURNIMEMOS\Motarized Vehicles Beschwalk and Lummus.docx
13
Agenda Item ~ 5""-P
Date 3-s~ I lf
ORDINANCE NO. ------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA1 AMENDING CHAPTER 70 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES," BY
AMENDING ARTICLE 11, ENTITLED "PUBLIC PLACES" TO PROHIBIT
MOTORIZED MEANS OF TRANSPORTATION ON THE BEACHWALK
BETWEEN 15TH TO 23Ro STREETS AND ON THE LUMMUS PARK
PROMENADE (ALSO KNOWN AS THE LUMMUS PARK SERPENTINE
WALKWAY) BETWEEN 5TH AND 15TH 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 15th and 23rd and on the
Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway) between 5th
and 15th Streets which are adjacent, or in close proximity, to Convention Center hotels and other
high density hotel and residential buildings, and major City attractions including Ocean Drive,
Lummus Park, Lincoln Road, The Fillmore Miami B.each 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 15 1h Streets and on the Lummus Park Promenade (also
known as the Lummus Park Serpentine Walkway) between 5th and 15th 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:
14
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)
(b)
(c)
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.
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 15th Street at any time.
It shall be unlawful to operate any motorized means of transportation in, on, or upon
the Beachwalk between 15th and 23rd Streets and the Lummus Park Promenade
(also known as the Lummus Park Serpentine Walkway) between 5th and 15th Streets
at any time. except for wheelchairs or other motorized means of transportation when
used by disabled persons.
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.
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.
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.
It shall be unlawful to operate an electric personal assistive mobility device on interior
pathways within South Pointe Park and Collins Park.
2
15
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or re1ettered 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
APPROVED AS TO
FORM & LPNGUAGE
& FOR EXECUTION
2J~·_\---·-1--t.H lt-
c1ty Attornrs (\. ~ Date
F.IATTOITURNIOROINANC\Chapter 70. Prohibit Motorized Transportation 15-23 St Beachwalk and Lummus Promenade.doc> r ~ \
3
16
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 $25,250,000 and re-appropriate $90,000 between existing projects 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 5th day of March, 2014.
Attest:
Rafael Granado, City Clerk
f City Attorney
Philip Levine, Mayor
l.. -z.¥-{~
Date
17
Agenda Item R7 A.
Date 3-S· /Y
ATTACHMENT A
FY 2013/14 CAPITAL BUDGET
SOURCE OF FUNDS
Amended 03/05/14
Funding Source Ameded 1 /15/14 Amended 3/5114
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
Lowes Royal Palm Proceeds 0 14,000,000
MB Quality of Life Resort Tax Fund -1% 1,024,000
MDC CDT lnterlocal-CDT/Resort Tax Eligib 4,000,000
Miami-Dade County Bond 2,933,581
NB Quality of Life ResortTaxFund -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 LOG Reso. No 2009-27076 2,007,419 7,500,000
W&S GBL Series 2010 CMB Raso 2009-27243 81,759
HUD Section 108 Loans 17,391
Water and Sewer Bonds 2000s 34,000
People's Transportation Fund 13,000
Total Appropration as of 3/5/14 $ 53,918,746 $ 25,250,000
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
14,000,000
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
$ 79,168,746
The Ocean rescue Lifeguard stands will be funded from funds previously appropriated for the 555
Building Recirculation Fan Installation and Exterior Door Replacement projects, which are on hold
pending the final design of the Convention Center.
18
Program Area
Art in Public Places
Bridges
Convention Center
Environmental
Equipment
General Public Buildings
Golf Courses
Information Technology
Monuments
Parking
Parking Garages
Parking Lots
Parks
Renewal & Replacement
Seawals
Streets/ Sidewalk Imps
Transit/Trans porta ti on
Utilities
ATTACHMENT B
FY 2013/14 CAPITAL BUDGET
PROGRAMS
Amended 03/05/14
Amended 1/15/14 Amended 3/5/14
$381 ,ODO
185,000
3,700,000 14,000,000
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 $ 25,250,000
Revised
$381,000
185,000
17,700,000
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
$ 79,168,746
The Ocean rescue Lifeguard stands will be funded from funds previously appropriated
for the 555 Building Recirculation Fan Installation and Exterior Door Replacement
projects, which are on hold pending the final design of the Convention Center.
19
Capital Project Name
ATTACHMENT C
CAPITAL BUDGET
PROJECT
Amended 03/05/14
Current Capital
Budget
6th, 1 oth and 14th Street Stormwater
Pump Stations $0
Ocean Rescue Lifeguard Stands 0
555 Building Installation of
Recirculation Fans 79,000
555 Building Exterior Door
Replacements 55,098
Convention Center Renovation
(CC-Improvements County GO) 600,000
Total $734,098
20
Amended CurrentCapital
03/05/14 Budget
$11,250,000 $11 ,250,000
90,000 90,000
(79,000) 0
(11,000) 44,098
14,000,000 14,600,000
$25,250,000 $25,984,098
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: March 5, 2014
COMMISSION MEMORANDUM
I the C~~ssion
SUBJECT: A RESOLUTION OF THE MAYO 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 THE CITY MANAGER TO BRING THE FINAL NEGOTIATED
AGREEMENT BACK TO THE CITY COMMISSION FOR APPROVAL
BACKGROUND
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). The Agreement was for an initial term of three (3)
years, with an option to renew for two (2} additional one year terms (the initial term and
renewal options are hereinafter referred to collectively as the Term). 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 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.
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). The RFP process resulted in the receipt of seven (7) proposals (including
one from the current operator, Green Square). An Evaluation Committee appointed by
the City Manager convened to hear presentations from the proposers on May 13, 2013;
following which, the Committee unanimously recommended Miami Beach Tennis
Management, LLC (Miami Beach Tennis Management) as the top ranked proposer. It
should also be noted that, of the four (4) proposers ranked by the Evaluation Committee,
Green Square was ranked last (i.e. fourth).
After considering the Evaluation Committee's recommendation, the City Manager
exercised his own due diligence pertaining to the ranked proposals, and concurred with
the Committee's recommendation. The Manager's recommendation was presented to
the City Commission at its September 11, 2013 meeting. After extensive deliberation,
1 Agenda Item R 7 F
21
Date 3-S-llf
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. An additional motion was also made to refer a discussion
regarding the maintenance of the tennis courts to the Neighborhood and Community
Affairs Committee.
While the Administration subsequently met with Green Square and did, in fact, continue
to extend the Agreement on a month to month basis (terminable for convenience and
without cause by the City upon notice to Green Square), there were no Neighborhoods
and Community Affairs Committee meetings in November and December. The
remaining action items were to be placed for discussion at the January
Neighborhoods/Community Affairs Committee meeting; however, on January 9, 2014,
Commissioner Tobin placed a discussion and action item to be heard at the January 15th
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.
Following discussion and public comment at the February 12, 2014 meeting, the City
Commission 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 (the top ranked proposer recommended by the Evaluation Committee, as
well as by the City Manager, under the prior RFP). However, in light of an allegation
made by Green Square's counsel at the meeting, 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 issue, the City Commission, acting on the recommendation of the City
Attorney's Office, subsequently amended its motion (at the same February 12, 2014
meeting) to clarify that the action taken on February 1th was not intended to be final and
binding, but rather an expression of sentiment of the Commission's intent to waive
competitive bidding. 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. That way too, there
would be no issue as to the City's compliance with the procedural requirements under
Section 2-367(e) of the City Code, and any objection as to the City's alleged failure to
comply with such procedural requirements would therefore be cured.
CITY MANAGER'S RECOMMENDATION
One of the procedural concerns that arose at the February 12, 2014 City Commission
meeting was that I did not make a written recommendation with regard to the proposed
waiver of competitive bidding, which would, in this instance, have authorized me to
negotiate an agreement with Miami Beach Tennis Management. While I did give my
recommendation verbally at the February 121h meeting, I strongly believe, as does this
City Commission, that any mandate for effective government must include transparency
and accountability. To that end, I support the City Commission's final motion on
February 12, 2014 which, rather than take final action on the waiver at that time,
required that this item be brought back to the March 5" 2013 City Commission meeting,
so that it could be placed and noticed on the agenda, and heard, as a formal request to
2
22
waive competitive bidding (with all the conditions precedent incident thereto --including
my written recommendation --having been satisfied in accordance with City Code
requirements).
Following the February 1ih meeting, I met with the City Attorney's Office to review
Section 2-367(e) of the City Code (which is the enabling legislation that grants the City
Commission the authority to waive competitive bidding); particularly with regard to what
is intended and required by that Code section pertaining to my written recommendation.
The City Attorney's Office has opined (and I concur) that, while the City Code requires
me to give a written recommendation as a condition precedent to the City Commission's
consideration of a waiver of competitive bidding, my recommendation need not
necessarily be in favor of the waiver. In other words, my recommendation, as with all
the other recommendations that I make to the City Commission, including those with
regard to the procurement of goods and services, is merely advisory, and the City
Commission is not bound by it. Having considered my written recommendation, the City
Commission's determination for waiving competitive bidding under Section 2-367(e) is
that the proposed waiver be in the best interest of the City.
As I stated at the February 12th, 2014 City Commission meeting, when asked what my
recommendation would be with regard to a waiver of competitive bidding in this matter, it
is my general belief that waivers of competitive bidding should only be considered under
exigent circumstances and, therefore, my preference would be that, whenever
possible, a competitive bidding process be the preferred means for procurement of
goods or services. As such, my recommendation was, and is, not in favor of waiving a
competitive procurement process.
At the February 12, 2014 meeting, I also addressed allegations that the prior RFP
process was somehow faulty. I stated that I believed that the prior RFP process, which
resulted in an independent Evaluation Committee's, as well as my own, recommendation
to negotiate with Miami Beach Tennis Management (as the top ranked proposer), was a
fair process. In light of numerous members of the public who opposed the
recommendation to award to Miami Beach Tennis Management, as the first ranked
proposer, and who, in the alternative, strongly urged that the contract be awarded to the
fourth ranked proposer (Green Square), the City Commission felt that it would be more
appropriate-and legally sustainable-to reject all proposals, and come back at a later
date with other alternatives.
I understand this City Commission's concerns, particularly as enunciated by
Commissioner Steinberg at the February 12th City Commission meeting, that the current
tennis management contract has been on a month to month term for far too long (i.e.
since April 2012), and that there is a strong argument to be made that it would be in the
City's best interest to not delay this matter any further; select a manager; and negotiate
and execute a new contract, with better and stronger safeguards and benchmarks than
the current Agreement offers. Clearly, going through another procurement process
would result in a further delay and, in the interim, we would continue to operate under
the terms of the existing Agreement. In fact, if the City Commission decides to waive
competitive bidding and award, I would recommend that it be on terms no less favorable
to the City than the terms proposed as part of the earlier procurement (i.e. the prior
RFP).
I also note that when the motion was made by Commissioner Grieco at the February 12 1
h
meeting to issue a new Request for Proposals, that motion (which ultimately failed) was
specific that the new solicitation be on terms identical to the prior RFP. The concern
3
23
expressed by some was that this would undermine the competitive process by giving
bidders a second bite at the apple. I don't think that going through a new competitive bid
process, under the same terms, would, in this case, be in the best interest of the City. If
the Commission were inclined to issue a new RFP, there would be some revisions we
would request (e.g. children's programming, clinics). In the event the Commission elects
not to issue a new RFP, we would recommend that any selection would include giving
staff the authority to negotiate such additional items.
In the event that the City Commission elects to not delay the selection of a manager for
the City's tennis centers any further, and the motion to waive a new competitive
solicitation for these services is adopted, I stand by my original recommendation on
September 11, 2013, which requested authorization to negotiate with Miami Beach
Tennis Management, as the top ranked proposer. Even though the City Commission
rejected all proposals pursuant to the prior RFP, it does not negate the fact that there
was a comprehensive review process for all proposals received pursuant to that RFP
(including the two that have been at issue since September 2012, Miami Beach Tennis
Management and Green Square). Therefore, in now making my written recommendation
(with regard to a proposed waiver of competitive bidding to authorize me to negotiate
with Miami Beach Tennis Management), I think it's entirely appropriate for me to refer
back to the due diligence that I did with respect to Miami Beach Tennis Management
(including the recommendation that I made) under the prior RFP. For ease of reference,
I have attached and incorporated the September 11, 2013 City Commission
Memorandum, containing the Evaluation Committee's and my written recommendation
pursuant to the prior RFP, as Attachment "A" to this Memorandum.
CONCLUSION
I do not recommend waiving a competitive procurement process. However, as the City
Commission has previously expressed a sentiment to waive competitive bidding and,
further, if the City Commission does in fact vote to waive competitive bidding today,
finding that it is in the best interest of the City to do so, then I stand by my
recommendation of September 11, 2013, which was the result of a competitive process.
Accordingly, in such event, I would also request that the Mayor and City Commission
authorize me to negotiate a new contract for the comprehensive management and
operation of the City's tennis centers, at terms no less favorable than the business terms
continued in Miami Beach Tennis Management's proposal pursuant to the prior RFP,
and such other items that staff believes would be important for the effective operation of
the Tennis Centers. Upon conclusion of negotiations, the final contract will be brought
back to the City Commission for its consideration and approval.
F:\ATIO\AGUR\RESOS-ORD\MEMOS\Flamingo Tennis Center Memo (with City Manager Comments (2-25-14)).docx
4
24
Attachment "A"
G MIAMI BEACH
City of Miami Beach, 1700 Conve11tion Center Drive, Miami Beech, Florida 33139, www.miamibeochff.gov
COMMISS ON MEMORANDUM
TO: Mayor Matti Herrera Bower and M
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2013
SUBJECT: A RESOLUTION OF THE MAY R 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. 95-201 JME, FOR THE
COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS
SERVICES AT THE CITY'S FLAMINGO AND NORTH SHORE PARK TENNIS
CENTERS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs.
FUNDING
As this Management Agreement calls for a minimum payment to be made by Contractor to
the City, General Funds allocation is not designated.
BACKGROUND
The current agreement with Greensquare, Inc., for the management and operations of the
City's tennis centers was due to expire in April, 2012.
On October 27, 2011, the Finance and CitYNide Projects Committee held a discussion
pertaining to the "Issuance of the Request for Proposals {RFP) for the Comprehensive
Professional Tennis Management and Operations Services at the City's Flamingo Park and
North Shore Park Tennis Centers". The discussion focused on the issues related to the
timing of the issuance of this RFP, taking into consideration that the Flamingo Park Tennis
Center was anticipated to be under complete reconstruction in the near future. It was reported
at that time it was anticipated that the demolition and construction of the Flamingo Park
Tennis Center would begin in January, 2012. It was further reported that the construction
would take approximately one year, with an expected completion date of January, 2013. The
Tennis Center has since opened with full operations of the Pro Shop, locker rooms and
maintenance facility along with the 17 Clay Hydro-Courts.
Following discussion of the issue at their October 27, 2011 meeting, the Finance and Citywide
Projects Committee recommended that the RFP for the selection of the operator of the City's
tennis facilities not be issued at that time but, rather, that the RFP be issued with sufficient
time for the selected. operator to be able to assume operations of the tennis facilities
concurrent with the opening of the renovated Flamingo Park Tennis Center. As such, they
25
Commission Memorandum -RFP # 095-2013 Tennis Management
September 11, 2013
Page2
recommended the extension of the current Agreement with Greensquare, Inc. on a month-to-
month basis until such time as that competitive process is complete. On February B, 2012, the
Commission approved the Finance and Citywide Committee's recommendation to extend on a
month to month basis the aforementioned agreement until such time that an RFP be issued to
coincide with the conclusion of construction and the re-opening of the Flamingo Park tennis
center.
On June 6, 2012, the City Commission approved a referral for a discussion to the Land Use
and Development Committee regarding the possibility of separation the Maintenance
component of the Tennis Centers from the Operations and Management of the Tennis
Centers. The item was deferred from the September and November LUDC meetings and
subsequently discussed at the December 19, 2012 meeting. The Committee discussed the
item and recommended not to separate the maintenance from the operations. However, the
Committee did recommend a great emphasis be placed on maintenance standards and
requirements in the RFP.
In addition to the revised scope of services to include greater emphasis on maintenance
standards, the Administration further facilitated a public industry review meeting on January
22, 2013 with the intent of obtaining feedback on the proposed revised scope of services; the
RFP requirements; and to consider best practices or operations efficiencies that may be
proposed by the attendees. The attendees to the industry review meeting included industry
matter experts, residents, and members of the Tennis Advisory Committee. Suggestions,
recommendations, and opinions were reviewed by staff and incorporated in the RFP by the
Administration.
At the January 28, 2013 Tennis Advisory Committee meeting, the members of the committee
discussed the timing of the issuance of the RFP and its impact on the Summer Program
curriculum and registration, and more specifically the impact on parents and children that have
been involved with prior Summer programming. The committee's desire was to encourage the
new contractor and agreement to consider hiring those professionals that have good
reputations and are familiar with the participants.
It was the Administration's objective that by issuing the RFP at this time there will be no break
in quality operations or services to the City's tennis playing residents and guests. The time
line as indicated below permitted the timely submission of responses, an evaluation committee
process, and sufficient time to negotiate and award a contract that is in the best interest of the
City.
RFPPROCESS
On February 6, 2013, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) 095-2013ME For the Comprehensive Professional Tennis Management and
Operations Services at the City's Flamingo and North Shore Park Tennis Centers.
RFP 095-2013ME was issued on February 13, 2013, with an opening date of March 28, 2013.
A pre-proposal conference to provide information to the proposers submitting a response was
held on February 25, 2013. Seven (7) prospective proposers downloaded the solicitation from
The Public Group. Additionally, the Procurement Division notified over 60 additional individuals
and/or potential proposers via e-mail, which resulted in the receipt of proposals from the
following seven (7) firms:
26
Commission Memorandum -RFP # 095-2013 Tennis Management
September 11, 2013
Page3
1. Annacone Tennis Management, LLC
2. Belkin Tennis, LLC
3. Cliff Drysdale Management, Inc.
4. Greensquare, Inc.
5. Jane Forman Sports
6. Miami Beach Tennis Management, LLC
7. Premier Tennis Management, Inc.
On March 25, 2013, the City Manager via Letter to Commission (LTC) No. 094-2013,
appointed an Evaluation Committee (the "Committee") consisting of the following individuals:
• David Berger, Resident and Chair of the City' s Tennis Advisory Committee
• Dolores Hirsh, Resident and member of the City' s Tennis Advisory Committee
• Jonathan Groff, Resident and Chair of the Parks and Recreational Facilities Board
• Andrew Plotkin, Park Facility Manager of North Shore Park Youth Center and Tennis
Center
• Cynthia Casanova, Park Facility Manager of Flamingo Park and Tennis Center
• Lowell Coffman, City of Plantation, Tennis Center Maintenance Supervisor ( United
States Professional Tennis Association member, certified P1 Teaching Professional
and Acting Assistant Director of the Frank Veltri Tennis Center)
• Lew Brewer, Director, Junior Competition, United States Tennis Association ( USTA)
Player Development
Alternates:
• Sidney Goldin, Resident, and Leadership Academy, Police Academy Graduate
• Robert Cardenas, Resident, previous CFO with Fox Pan American Sports
Committee member Dolores Hirsh and Lew Brewer were submitted as references by two (2) of
the proposers and therefore, replaced by the alternate committee members, Sidney Goldin
and Robert Cardenas.
The Committee convened on May 13, 2013 to consider proposals received and interview the
proposing teams. The Committee was provided with an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The
Committee was also provided with general information on the scope of services, Performance
Evaluation Surveys, and additional pertinent information from all responsive proposers.
Additionally, the Committee engaged in a Question and Answer session after the presentation
of each proposer. Committee member Robert Cardenas was not in attendance.
The Evaluation Committee was also presented with a comparative analysis, prepared by the
City's Finance Department, of financial proposals submitted by each proposer, which, as
requested in the RFP asked that proposers submit a monthly guaranteed minimum revenue to
the City and a percentage of gross revenue, when the gross revenue is in excess of $650,000,
to be paid monthly thereafter. The comparative analysis is attached.
27
Commission Memorandum -RFP # 095-2013 Tennis Management
September 11, 2013
Page4
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which was as follows:
Qualifications of the Pro oser 25 lnts
• Qualifications of the management company, key personnel
proposed. and the maintenance Sub-Contractor, if any, as part
of the Team.
• Past Performances based on number and quality of the
Performance Evaluation Surveys.
• Financial Ca acit .
Seo e of Services 25 olnts
• Strengh and Sustainability of the Operating Plan.
• Maintenance Procedures including the quality of the
Maintenance Sub-Contractor.
• Corporate Responsibility
(Communityinvolvement/Clinicsffournaments)
• Stren h of the Quali Control / Quali
Fee Pro osal
Additional points, over the aforementioned potential points were to be allocated, if applicable
and in accordance to following ordinances.
LOCAL PREFERENCE: The Procurement personnel assigned an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor
as defined in the City's Local Preference Ordinance. Please note that one (1) proposers,
Greensquare, was eligible for Local preference.
VETERANS PREFERENCE: The Procurement personnel assigned an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran(s) or a service-disabled veteran business
enterprise, as defined in the City's Veterans Preference Ordinance. Please note that no
proposer was eligible for Veterans preference.
The Committee discussed its individual perceptions of the proposers' qualifications,
experience, and competence, and further scored and ranked the proposers accordingly. The
Committee's final rankings are as follows:
Final Rankin David Sidney Jonathan
Ber er Goldin Groff
Miami Beach Tennis
Mana ement LLC 90 1 87 1
Cliff Drysdale Management,
Inc 65 3 84 3
60 5 74 4
65 3 86 2
Annacone Tennis
Mana ement, LLC 45 6 70 4 55 6
Premier Tennis
Mana ement, Inc 70 2 45 6 57 5
Belkin Tennis, LLC 35 7 35 7 26 7
28
Andrew Cynthia
Plotkin casanova
76 1 87 1
73 2
67 5
71 3
71 3 40 6
64 6 37 7
44 7 43 5
Lowell
Coffman
92 1
86 3
89 2
84 4
77 6
80 5
75 7
.l.QW
AGGREGATE
TOTALS
8 1
31 5
31 5
40 7
Commission Memorandum -RFP # 095-2013 Tennis Management
September 11, 2013
Pages
Following the review of the rankings, a motion was presented by David Berger, seconded by
Jonathan Groff, and unanimously approved by all Committee members, to recommend
entering into negotiations with the top-ranked proposer, Miami Beach Tennis Management,
LLC; and should the Administration not be successful in negotiating an agreement with the
top-ranked proposer, authorizing negotiations with the second-ranked proposer, Cliff Drysdale
Management, Inc; and should the administration not be successful in negotiating an
agreement with the second-ranked proposer, authorizing negotiations with the third-ranked
proposer, Jane Forman Sports; and should the Administration not be successful in negotiating
an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked
proposer, Greensquare, Inc.
MIAMI BEACH TENNIS MANAGEMENT. LLC
According to information presented by the proposer:
Miami Beach Tennis Management (MBTM}, is a full service tennis management company,
which specializes in the management of public tennis centers and is dedicated to developing,
promoting, teaching, and evaluating community focused tennis programs.
The firm, founded by Mr. Howie Orlin, manages, maintains, and develops world-class public
tennis facilities. Mr. Orlin has spent nearly four decades promoting tennis. Prior to his current
position, he was the Director/Manager of the Flamingo Park Tennis Center for 26 years (1976-
2002). He has spoken at USPTA seminars throughout the country.
MBTM's philosophy is to integrate into the Miami Beach community as a "good corporate
citizen;" establishing a balance between developing revenue opportunities for the City,
increasing employee fulfillment and quality of life, providing excellent customer service, and
serving the Miami Beach environment and community.
MBTM provides the following spectrum of products and services in addition to routine
maintenance, management and operation of the tennis centers:
• Clinics-one and a half hour group sessions; capped at six players per court. A typical
configuration is four professionals, four courts and 24 players; offered to Miami Beach
residents, non-residents and members.
• Tennis Instruction-private and semi-private lessons to players of all abilities from
certified and licensed tennis professionals with three levels of expertise.
• Camps-certified, licensed and respected tennis professionals provide players the
opportunity to improve their game, work hard, make new friends and most of all, have
fun.
o For the youth and junior segments, MBTM will host summer camps and holiday
camps. Full-day includes morning and afternoon sessions with lunch. A half-day
session is also available, morning or afternoon
o For adults, weekly and weekend camps MBTM will be available to help them take
their game to the next level
• Specialty Events, Tournaments and League Play
o Specialty Events-Pro-Ams, fundraisers, charitable events
o Toumaments-U.S.T.A. sanctioned events, inter club, competitive ladder
• Academy-an in residence program for those most committed to excellence. The best
junior players come to the Academy to help achieve goals of playing on the Pro Tour or
receiving a Division I NCAA scholarship. Players are challenged daily in preparation to
compete with other top ranked juniors at National and International USTA tournaments.
The junior tennis academy is designed to offer an elite and demanding tennis training
schedule, and is known for its intensity on the court and dedication to player growth
and development.
29
Commission Memorandum -RFP # 095-2013 Tennis Management
September 11, 2013
Page6
• Food and Beverage-a snackbar operation that will provide healthy food and
beverages to both tennis and park patrons.
• Pro Shop-features the latest tennis fashions and state-of-the art equipment for men,
women and children. Everything from socks to sunblock and everything in between-
rackets, shoes, apparel, duffle bags, sunglasses and other specialty items. Brands
include Wilson, Prince, Babolat, Head, Nike, Fila, Lacoste, and New Balance. The
facility also offers same-day racket stringing, game arranging , ball machine and racket
rentals. In the future, MBTM will have a web storefront as well, offering products and
services.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After considering the review of the recommendation of City staff, the City Manager exercised
his due diligence and is recommending that the Mayor and the City Commission enter into
· negotiations with the top-ranked proposers, Miami Beach Tennis Management, LLC: and
should the Administration not be successful in negotiating an agreement with the tap-ranked
proposer, authorizing negotiations with the second-ranked proposer, Cliff Drysdale
Management, Inc; and should the administration not be successful in negotiating an
agreement with the second-ranked proposer, authorizing negotiations with the third-ranked
proposer, Jane Forman Sports; and should the Administration not be successful in negotiating
an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked
proposer, Greensquare, Inc.
In addition to the results of the Committee evaluation, the City Manager considered the
following in recommending Miami Beach Tennis Management as the top-ranked firm:
• As Appendix A indicates, Miami Beach Tennis Management of the top-ranked
proposers, submitted the highest guaranteed revenue to the City in comparison to
other top-rank d f II e orooosers as o ows:
Miami Beach Tennis Management $120,000
Cliff Drysdale Management $12 000
Jane Forman Sports $72,000
Greensquare $48,000
In addition to the minimum guaranteed revenue, proposers were asked to submit the
percentage of revenue that would be received by the City when gross revenue
exceeded $650,000. When this amount is added to the minimum guaranteed revenue,
Miami Beach Tennis Management continues to offer the City the overall most lucrative
financial proposal.
• Miami Beach Tennis Management has indicated a willingness to consider retaining
current contractor staff employed at both tennis centers. In the event that the City is
unable to negotiate a successful agreement with Miami Beach Tennis Management,
other top-ranked proposers will be encouraged to do the same during the negotiation
process.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to request for proposals (RFP) No. 095-2013ME For the comprehensive
professional tennis management and operations services at the City's Flamingo and North
Shore Park Tennis Center; authorizing the administration to enter into negotiations with the
top-ranked proposer, Miami Beach.Tennis Management, LLC; and should the Administration
not be successful in negotiating an agreement with the top-ranked proposer, authorizing
negotiations with the second-ranked proposer, Cliff Drysdale Management, Inc; and should the
administration not be successful in negotiating an agreement with the second-ranked
30
Commission Memorandum -RFP # 095-2013 Tennis Management
September 11, 2013
Page7
proposer, authorizing negotiations with the third-ranked proposer, Jane Forman Sports; and
should the Administration not be successful in negotiating an agreement with the third-ranked
proposer, authorizing negotiations with the fourth-ranked proposer, Greensquare, Inc.; And
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations By The Administration.
JLM /K~ AD/ ME T:IAGEN~~\July 17\Procurement\RFP-095-2013 ME Tennis Management • Memo.doc
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OFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: CITY ATTORNEY JOSE SMITH {Z_.....l._(1.,, ~ (~ e.~ Att..,l J
DATE: March 5, 2014
SUBJECT: 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, FLORIDA, ENTITLED
"MISCELLANEOUS OFFENSES," BY AMENDING SECTION 70-2,
ENTITLED "RESERVED" TO CREATE REGULATIONS THAT DEFINE
NICOTINE VAPORIZER AND LIQUID NICOTINE AND THAT PROHIBIT
THE SALE, BARTER, PROVIDING DIRECTLY OR INDIRECTLY,
GIFTING, MAKING AVAILABLE FOR USE OR POSSESSION, OR THE
FURNISHING OF NICOTINE VAPORIZERS AND LIQUID NICOTINE TO
PERSONS UNDER THE AGE OF EIGHTEEN (18); MOREOVER,
MAKING THE POSSESSION OF NICOTINE VAPORIZERS AND LIQUID
NICOTINE ILLEGAL FOR PERSONS UNDER THE AGE OF EIGHTEEN
(18); AND PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
Pursuant to the request of Commissioner Micky Steinberg, the attached
Ordinance is submitted for consideration by the Mayor and City Commission on First
Reading, and for referral to the Neighborhood/Community Affairs Committee for
consideration prior to Second Reading/Public Hearing.
F:IA TTO\TURNICOMMMEMO\Ord. Prohibition on Sale of Cigarettes to Minors.docx
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Agenda Item R Cf L
Date 3-S-l'f
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, FLORIDA, ENTITLED
"MISCELLANEOUS OFFENSES," BY AMENDING SECTION 70-2,
ENTITLED "RESERVED" TO CREATE REGULATIONS THAT DEFINE
NICOTINE VAPORIZER AND LIQUID NICOTINE AND THAT PROHIBIT
THE SALE, BARTER, PROVIDING DIRECTLY OR INDIRECTLY,
GIFTING, MAKING AVAILABLE FOR USE OR POSSESSION, OR THE
FURNISHING OF NICOTINE VAPORIZERS AND LIQUID NICOTINE TO
PERSONS UNDER THE AGE OF EIGHTEEN (18); MOREOVER,
MAKING THE POSSESSION OF NICOTINE VAPORIZERS AND
LIQUID NICOTINE ILLEGAL FOR PERSONS UNDER THE AGE OF
EIGHTEEN (18); AND PROVIDING PENALTIES FOR VIOLATIONS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, new unregulated high-tech nicotine vaporizers (also referred to as
electronic cigarettes ore-cigarettes) have recently been made available to consumers, including
minors, and allow users to inhale vaporized liquid nicotine created by heat through an electronic
ignition system, and the vapors are expelled by 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, recently, many State Attorney Generals 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 typically 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
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WHEREAS, the percentage of United States middle and high school students who use
electronic cigarettes, or e-cigarettes, more than doubled from 2011 to 2012, according to data
published by the Centers for Disease Control and Prevention; and
WHEREAS, 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 lnterest of the City of Miami
Beach and necessary to protect the health, safety, and welfare of the residents and vlsitors of
the City to prohibit the sale of nicotine vaporizers and liquid nicotine to minors and to prohibit the
possession of these items by minors.
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 70, Section 70-2, of the Miami Beach City Code is hereby amended as
follows:
Chapter 70
MISCELLANEOUS OFFENSES
Article I. In General
* * *
Sec. 70-2. Resen:ea. Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to
Minors Prohibited; Penalties.
,(§} Definitions.
Liqujd NicoUne 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 (18).
NicoUne Vaporizer means any electronic or battery-operated device that can be used to
deliver an inhaled dose of nicotine or other substance. and any device that can be used to
deliver nicotine by inhaling vaporized nicotine from the device, including those devices
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, but is not
limited to, such devices as an electronic cigarette, an electronic cigar, an electronic cigarillo,
an electronic pipe, an electronic hookah, an e-cigarette. an e-cigar, e-cigarlllo. an e-plpe,
and an e-hookah, whether they are manufactured, distributed. marketed. or sold under any
other product name. and includes any replacement nicotine cartridge for the device.
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fill Prohibitions:
ill It shall be unlawful to sell, give, furnish. barter. or make available directly or indirectly
a Nicotine Vaporizer or Liquid Nicotlne to a minor. The buyer or recipient's
identification shall be examined to confirm that the buyer or recipient is at least 18
years of age.
ff} In order to minimize the ohvsical accessibility to minors. no person shall offer
Nicotine Vaporizers or Liquid Nicotine in vending machines .
.Q1 It shall be unlawful for a person under the age of 18 to possess or use Nicotine
Vaporizers or Liquid Nicotine.
f£l Penalties.
A violation of any provision of this section shall be punished as provided in Section 1-14
of the Code of the City of Miami Beach.
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.
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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
(Sponsored by Commissioner Micky Steinberg)
Underline denotes additions
Strike thre~gh denotes deletions
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F·1ATIOITURN\ORDINANC\Proh1b1hon of Nicotine Vaprizers and L1qu1d N1cot1ne to Persons Under Age of Eighteen.doeo<
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